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2010-075s;lour doct~mentslordinances1101paa4 accepting non annexation agreements,doc RDINANCE NO, 1 7 S 0 AN ORDINANCE PROVIDING FOR ACCEPTANCE OF ELIGIBLE NGN-ANNEXATION AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE PROPERTIES WITHIN AN AREA OF LAND ADJACENT TG AND ABUTTING THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS PAA4 OF APPROXIMATELY 1,555 ACRES LOCATED ON THE SOUTH SIDE OF MILAM ROAD, NORTH OF LOOP 258, EAST OF 1-35, 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 PAA4, as hereinafter described; and WHEREAS, Section 43,035, Subchapter B, Local Government Code requires the City to make offers of non-annexation development agreements to the owners of all properties which have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland within the area to be annexed; and WHEREAS, under anon-annexation agreement between an eligible property owner and the City, the land subject to the agreement retains its extraterritorial status and the owners of such land must abide by the City's development regulations as if such land were within the City limits, as provided further in such agreement; and WHEREAS, the city has offered said non-annexation agreements for a five year term in light of the rapid growth of the Denton area, the need to assure orderly growth, and the inadequate land area currently within the Denton city limits; and WHEREAS, the owners of some eligible properties have executed such non-annexation agreements; the owners of other properties executed such non-annexation agreements but there were defects in the legal description of such properties; and yet other owners to whom notices were sent did not execute the agreements within the allotted period of time, thereby declining the City's offer; and WHEREAS, the City and the owners of eligible properties with insufficient legal descriptions have corrected defects therein; and WHEREAS, the Denton City Council deems it to be in the best interests of the citizens of the City of Denton to enter into such non-annexation agreements with eligible property owners who timely submitted non-annexation agreements and have now corrected any legal defects therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION 1 ~ The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference, s;lour dacumentslordinancesll~lpaa4 accepting non annexation agreements,dac SECTION 2. The area of land which abuts and is adj acent to the existing corporate limits of the City of Denton, Texas, l~nown as PAA4, 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 prope~~ties within that parcel identified as PAA4, as described and depicted in Exhibits A and B, which have been properly executed by the owners of those properties and which have legally sufficient property descriptions, are hereby approved by the City of Denton and are attached hereto and incorporated herein by reference as Exhibits "C-1"through "C-„"~ SECTION 4. The City Manager is authorized and directed to sign the non-annexation agreements contained within Exhibits "C-1"through "C- for and on behalf of the City of Denton as a ministerial act, but with an effective date of this Council's action on same, The City Manager shall further arrange forthwith for the recordation of non-annexation agreements in the real property records of Denton County, Texas, SECTION 5, In the event the City Council does not annex that parcel identified as PAA4, the City Manager is authorized to rescind the City's action accepting said non-annexation agreements within six months of the effective date of this Ordinance should any property owners sub j ect to the agreements so desire, SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid far any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7, This Ordinance shall take effect immediately on its passage. AND IT IS SO ORDERED, Passed b the City Council reading this 2n~ day of ar , 20I o.. Y M RK A~;-B HS, MAYOR ATTEST; JENNIFER wALTERS, CITY SECRETARY BY. APPRO ED AS O LEGAL FORM: ANITA SURGES S, CITY ATTORNEY a Page 2 ExN~gi~TA .~nne~at~on T~r~c~ ~'A~4 ~a ~ . Qf 4 ~ g } EE~INNINO at point in the present Denton city Iirnlt line as established byOrdinance . 2008-137a said point being the northwest canner ofthe annexation tract described therein and also lying on the south right-af~way line of E.M, 3 ~ ~3 ~Il~ilan~ )~.oad~ 200$-137 TIYENCE South 01 ° 08' 35" hest cantinui~a along the present Denton city li~ntt Iine established by Ordinance 2048-137 a distance of 2,99~.OS feet to point for corner, said paint being the southwest conger ofthe annexation tract described therein; THENCE South $~°,10' 00'' East continuing along tine present I~entan city Iin~it line established by Ordinance 2008137 a distance of 2,457,42 feet to a point far carnera said point being the most northerly southwest carnex of a City of >~entan annexation tract established and described by Ordinance 2007-07'7 Tract 1}; THENCE South 88° 54' 44"East continuing along the present Denton city lirn.it Iine established by Ordinance 2~07~077 Tract 1} a distance of 197.47 feet to a point for a corner; THENCE South 024 28' S5" bast continuing along the present Denton city Iirnit lfne established by ordinance 2007-077 Tract 1} a distance Qf 9~5~89 feet to a point for corner; THENCE South 41 ° ~0' 33" East continuing along the present Denton city Ilmit line established by Ordinance 2047-077 ~'~ract l~ a distance of 539.43 feet to a point for canner; THENCE South OQ° 04' 12" west continuing along the present Denton city limit line established by Ordinance 2007'-077 Tract 1} a distance af2,~49.34 feet to a Dint for p Carne; THENCE South 00° Z6' 12" west continuing along the present Denton city limit line . established by Ordinance 20x7-077 Tract 1 } a distance of X68.18 feet to a Dint for p corner, said paint being a southwest corner of said ordinance 2007-077 Tract 1} annexation tract and lying on the north line of a City of Denton a~anexation tract established by Ordinance 1985151; THENCE North ~9° 11' 35" west continuing along the present Denton city limit line established by Ordinance 1985-151 a distance of 575 feet to a point far corner, said Dint bein the nortla~ves c A g t orner of said t~rdinance 1985151 annexation tract and also being the nar~east corner of a City of Denton annexation tract established b Ordinance 2007 D7 Tr y 7 ~ act z~. i Anne~at~on Trait ~'AA4 tPage 2 of 4~ THENCE North 89° 3~' 45" west continuing along the present Dentin city limit line established by Ordinance 2047-07? Tract 2} a distance of ~,128.41 feet to a point for comer; THENCE Saud. 00° 03' 28" 'Vest car~tinuing along the present Denton city limit Tine established by Ordinance 2x47-077 Tract a distance of26,47 feet to a point far a corner; THENCE North. ~9a 32' 32" west continuing along the present Denton city limit line established by Ordinance 207-~?? Tract 2} a distance of 972.02 feet to a point far a carnet; THENCE South 01 ° 35' 23'~ west continuing along the present Det~tan city limit Ixne established by Ordinance 2047-477 Tract 2} a distance of 1,~43f38 feet to a point far canner; THENCE South 41 ° 34' west continuing along the present Denton city limit ~i~.e established by Ordinance 2p~7-07? Tract 2} a distance of 932.20 feet to a point for carnet; THENCE South 88° 29' 12" East continuing along the present Denton city limit line establis~ied by Ordinance 2007w077 Tract a distance of 1,541,64 feet to a. paint for a earner, THENCE South 00° ~56' 25" Vest continuing along the present Denton city limit line established by Ordinance 2007-077 Tract 2} a distance of l 55.34 feet to a paint far a coiner; THENCE Sautl~ 88° 49' 02"East continuing along the present Dentin city limit line established by Ordinance 2407-477 Tract 2} a distance of 498.78 feet to a point for a cornea, said point being a southeast corner of said Ordinance 24o7M477 Tract 2} annexation tract and also lying an awest line of a City ofDentQn annexation tract established by Ordinance 2442»257# THENCE South 04~ 5~' 33'} west continuing along the present Denton city limit line established by Ordinance 2U02-257 a distance of 6 feet to a paint far corner; THENCE South Ol ~ 0~'~ 3~" west continuing along the present Denton city limit line established by Ordinance 2442M257 a distance of I y7~4,22 feet to a point for earner; THENCE North $S° 31' 42" west C4nt~nuing along the present Denton city lirntt llne established by Ordinance 2002257 a distance o,f X24.97 feet to a point for corner; I Anne~atiun ~~ract ~A.A~ gage 3 oaf 4~ T~NCE South 0~° 2S" west continuing along the present Denton city limit line established by Ordinance ~U02•~57 a distance of 40 feet to a point for corner, said point being the northwest corner of a City of Denton annexation tract established b~ Ordinance ~~~7y0?? Tract 3}; T~ENGE South 00° ~3' 04" west continuing along the present Benton city limit line established by Ordinance 207-~?? Tract 3} a distance of ~,?dS.?0 feet to a pohat far carver, said paint bung the southwest corner said ~007~0?7 ~Tzact 3~ annexation tract and also being on the east right-of way line of Eonnie brae ~aad and being the northwest corner of a City of Benton annexation tract established by Ordinance 1980-2~; 'p~NCE South 00a I2' 13" west co~atinuing along the present Denton city limit line established by Crdinartce 19$~w~d a distance of X50 feet to a point fox corner, said paint being the northeast corner of a City of Denton annexation tract established by Ordinance 19824; THENCE Nash 89a 04' 2~" west continuing along the present Denton city limit line established by Ordinance 198-4 a distance of x,79 .93 feet to a point for corner; 'f~IENCE North 58° Z I' 24" west continuing along the present Denton city limit line established by Ordinance 198~~4 a distance of 9~~ feet to a paint far carnet, said paint being the southeast corner of a City of Denton annexation tract established by Ordinance 198-6; THENCE North U0° 2~' S9"East continuing slang the present Denton city limit line established by Ordinance 198~w~ a distance of l,S4S.~4 feet to a point for corner; THENCE North 00° 2~' 28"East continuing along the present Denton city limit line established. by Ordinance I98~w~ a. distance of 50~,~ feet to a point for Garner; THENCE South 89~ ~7' 40" Lust continuing along the present Denton city limit line established by Ordinance l 98~-5 a distance of 1,03.4 feet to a point for corner; THENCE North 00~ 2~' ~?"East continuing along the present Denton city limit line established by Ordinance 198-6 a distance of 5G4.1 l feet to a point for corner; THENCE North 89° ~ 39" west continuing along the present Denton city limit Brie established by Ordinance 198-6 a distance of x,485.31 feet to a point far cornet, said point being the northwest corner of said Ordinance 198-~ annexation tract and also being the northeast corner afa City afDentan annexation tract established by ordinance 1998-~24; 1 EXHIBIT B ~ ~ _..w~..~..~.. .r.....__._. ~.....~....r..w~~_... 1 ~ ' F, , 303 Miiam E ~ _ p ~'ri'!G:, ':!~r:i o..l..;i'::i'~F : 'T;:~;;:~?ri°l:'•:tiil r.'.'«tili,~,t~,~};'~ •.5,, •~ir', i•rr; .i-;~~i:' -.:':1.:', ii r, ~i'.j:.'i•':.:1':{':'."•'„ , ~IYI~CJI I I :rtr<rrl•r ,.'N.~}~u :•.3;:i';::''1-~'''~~;'~;~~~; .I •~7•• t:i. 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(11,i );:r r, r;,ir, i<~:!i2:(!'i ~ .r•«' .r_Ii.t,l!'1'2 ~ "tl}~17~iE..,~i;{ti):!`r i'w'P~ ~ '~'.i'rii' !i'I~li~;:t .,.~':•S!J'rtd",ir.i:,! ! ~ Ii'!ti!?:kfl;,i'!~'':S!?ii'r: ~:''.(l1=J~vi;~ 1 r, ` W....~......,~..~„ ~.I~ /FI ~ ~~~y of ~er~tar~, Teas # ~ ~Cl~0~5 ~'AA4 ~ ~ ~,~D ~IC~"~ ~ . w ~ s Feet ~ ~aa t,~aa ~,4aa ~1eao t After recording return to; s:lour doc~aments~miscelianeous1141annexatianslrub finch non-anneYatian a reement.doc Je~lnlfer Walters Y g Clty Secretary 215 E, Mcl~.inney Denton, TX 76201 CHAPTER 212 TEX.A,S LOCAL GGVERNMENT CGDE NON-ANNEXATIQN AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex, Local Gov't Code by and between the City of Denton, Texas the "City"} and Mrs, Ruby Finch ~"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 44.823 acres of land, more or less, situated in the Morris Nlay Survey, Abstract No, 807, Denton County, Texas, and being more fully described in that certain Correction warranty Deed dated June 15,1963 from Emil M. Schertz, alkla E. M. Schertz, and wife, Lydia Schertz to Mrs, Ruby Finch Bled for record on August 12, 1963 and recorded in Volume 497, Page 547 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 10.050 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain warranty Deed dated August 7, 2002 from Ruby Elizabeth Finch and husband, Henry Tyler Finch, Jr, to Michael Joe Schertz and wife, Amy Beth Schertz, filed for record on August 7, 2002 and recorded in Volume 5144, Page 4597 of the Real Property Records of Denton County, Texas. Said 10,050 acres of land, more or less, is commonly known as DCAD Property ID .~0, 244900, Additionally SAVE & EXCEPT; 5.000 acres of land, more or less, situated in the Morris May Survey, Abstract No, 507, Denton County, Texas, and being more fully described in that certain 'L~arranty Deed dated October 28, 2004 from Mrs, Ruby Finch to Danny M. Schertz and wife, Sandra J. Schertz, filed for record on November 1, 2004 and recorded in Instrument Number 2004141689 of the Real Property Records of Denton County, Texas. Said 5.000 acres of land, more or less, is commonly known as DCAD Property ID No. 273044, The remaining 29.772 acres, more or less, is commonly known as DC~4D Proper tY ID .~o, 3 7729. ' WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property ~n accordance with Tex. Loc. Gov t Code ch. 43; and f WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23 , C, D, or E; and EXHIBIT 1 %6m=mmwm=wj s;lour documentslmiscel~aneous1101anncxationstruby finc~i non-anne~cation agreemcnt.doc WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43 , 03 5 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex, Loc. Gov't Code section 212,172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex, Loc. Gov't Code section 43,035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows; Section 1, Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement, Section 2. 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 Iimited to farm-related and ranch~related uses and customary accessory uses, and single~family detached farm or ranch dwellings, provided that no single-family dwelling maybe located or constructed on a lot smaller than five ~5}acres. The property owner may apply to the City for division of the land subject to this Agreement 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 develo ment lan for the Pro ert in satisfaction of Tex, Loc. Gov't ~ p p p Y Code section 212.172~b}, . i Section 3. Governln~ Re~ulat~ons. 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 Iand 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 Iawful at the time the Agreement is executed: ~l} Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton PIan,1999~2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein 2 s;lour dacumentslrnisceIlaneousll0lannexationslruby finch non-annexation agreemen~.doc ~2} The subdivision and development regulations contained within the Denton Development Cade, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public 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; d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Grdinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k, Minimum housing and building standards, Denton Code ~§28-383 437 and §~17-141-~ 210, as amended and as applicable; 1. Irrigation Standards, Denton Cade § §28-441-~ 457; and m. Moving Buildings, Denton Code ~§28-326 - 375; i ~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 3 s;lour dacumentslmiscellaneous1101annexationslrt~by finch non-annexation agreement,dac 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 §3 5. 6,19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Develo meat Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for 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 far the Property during such period if such application ar 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 incansistent development application. The Owners further agree that no use commenced or completed on the Property that is incansistent with the development plan shall be considered established or in existence prior to the expiration of the 1 SO-day period during which the Development Plan is in effect, Section 5. 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 4 s:lour documentslmiscellaneous1i01annexationslruby finch non-annexation agreement,doc 1 N. Eim Street Denton, Tx ?6201 Section 7. Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas, Section Severability. Invalidation of any provision of this Agree:~ent by judgment or court order shall nat invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement maybe enforced by either Dwner 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. i Section 1 Z. 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 b the Cit . The Term ma be extended u on I'~ y Y Y p mutual agreement of the Parties. t Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. i The Parties hereto have executed this agreement as of , ZO10. Owners Mrs. by ' nch 5 s.lour documentslmiscellaneot~sll0lannexationslruby f nch non-annexation agreement,doc THE CITY OF DENTON, TEAS B; y City Manager, Deputy City Manager, or Designated Representative TAE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowled ed before me on the ~ da of , g Y 2410, by Mrs, Ruby Finch. } Notary ~ ~c 5t~te a1 T~l1 . q ~ ~ c ~ ~ MY C DN ~1~lAE~ r.. W~ Notary Public, State of Texas T~ STATE OF TEXAS } COUNTY CAF DENTON } Thls instru ent was ac wledg before min -th day of ,24by ,City Manager putt' ity ManagerlDesignated ti Representati , on behalf o the City of Denton, Texa . d ,,~~~~~r~,, N t ry Publi State of Texas ,~~~~;p~Y r~~+~~~A N~$~~► ~~1l~II~ ~~~t~ A~ ~ 9P~~ ~y ~~~ir~i ~~~~r~ r~iHin+`` - APPROVED AS TO LEG~.~:n-FARM: ANNA BURGES S CITY ATTORNEY . ,r.mW - s~ ~f~ After recording return to: k;ldal civi1163~120181non-annexation agreements1100217 myers tact agreement.doc Jennifer Walters City Secretary 215 E, McKinney Denton, T~ 76201 CHAPTER Z12 TE~A.S LOCAL GOVERNMENT CODE NON~ANNE~ATIGN AGREEMENT This A Bement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and Galatyn Park Corporation flkla Rancho Vista Develo ment Company ("owners"}, the property owners of the hereinafter described property p the "Pro erty") in Denton County, Texas, sometimes ~nd~vidually or collectively referred to as ( p "Party" or "Parties": Being 202.564 acres of land, more or less, situated in the John Ayers Survey, Abstract No, 2 and the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described on Page 483 of that certain Special Warranty Deed dated December S, 1989 from J & L Partners, acting by and through its manager, L & J Management Corporation, and its partners Josephine Hughes Sterling and Lewis R. Cauble to Rancho Vista Development Company, filed for record on December 11,19$9 and recorded in Volume 2695, Page 465 of the Real Property Records of Denton County, Texas. Said 202,564 acre tract, is commonly known as .DCAD Property ID 37075 and 17CAD Property ID 37718, respectively. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is bindin u on the City and the owners and their respective successors and assigns for the term of gp the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currentl is appraised for ad valorem tax purposes as land for agricultural or wildlife y management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, GWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a munici ality to enter into an agreement pursuant to Tex. Loc, Gov't Code section 212.172 for p purposes of reta~nxng land ~n the mun~c~pality s ETJ ~n exchange for the property owner s covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and EXHIBIT ,ri ` x, m a: k:ldal civi11b301 ~Q 1$Inon-annexation agreernents110Q217 mye~s tract agreement.doc 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 A reement as hereinafter defined, and any subsequent renewals as maybe agreed upon by the g 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 A Bement and any extensions agreed to by the Parties shall be limited to ~ , farm~related and ranch~related uses and customary accessory uses, and s~ngle~fam~ly detached farm or ranch dwellin s, provided that no single-family dwelling maybe located or constructed g on a lot smaller than five (5} acres. The property owner may apply to the City far div1sion of the land sub' ect to this A Bement into parcels, each of which is at least five ~5} acres in size, for the ~ ~ . u ores set forth ~n this section without being zn violat~an of this Agreement, Such uses and p~ 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 fallowing City regulations shall apply to any develo ment of the Pro erty, as may be amended from time to time, provided that the p p, . a lication of such regulations does not result in interference with the use of the land for pp a ricultural wildlife management or forestry purposes and does not prevent the continuation of a g use established rior to the effective date of this Agreement and which remains lawful at the time P the Agreement is executed: 1 Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, 1999-202U, as amended, ~ncludxng but not limited to the ~RD-5) Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications far Public works Construction, North Central Texas, 3rd Ed. 1998 ~NCTCOG Manual}; 3 Denton building codes, as contained within Denton Code Chapters 17, 28 and Z9, and DDC Subchapter 24, adopting: a, International Building Code, 2006 Edition with local amendments; 2 ~:Idal civi1163a12~ 1$Inon-annexation agreeinents11~Q217 ~nyers 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 g, Code of Ordinances Chapter 17, Denton Property Maintenance 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 amendments; k. Minimum housing and building standards, Denton Code §§28W383 43 7 and § § 17-141 210, as amended and as applicable; 1. Irrigation Standards, Denton Code § §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 Grdinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton ,'Dater and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended and a licable administrative standards of the Federal pp i Emergency Management Administration, as amended; and ~7) Gas well platting, dnll~ng and product~an standards, as contained ~n 35,16.19 and subchapter 22 of the Denton Development Code, as amended § and as applicable, and as supplemented by requirements of the Texas Ut~hties Code, the Texas Natural Resources Code, the Texas water Cade, and applicable administrative standards of the Texas Railroad Commission and Texas Commission an Environmental Quality, as amended. 3 k:ldal civi11b3012~181non-annexation agreements1100217 myers tract agreement.doc Section 4. Develo ment Plan to Remain in Effect, Following termination of this A reement for an reason, the Development Plan set forth in Section 2 shall remain in effect for g Y . a eriod of 1 SO calendar days thereafter, or until the effective date of the annexation and P ennanent zoning of the Property, whichever first occurs. The Parties covenant and agree that p the Cit ma deny any development applxcat~on or plan of development that is submitted to the y y Cit for the Pro erty during such period ~f such application or plan ~s inconsistent with the y p Develo ment Plan. The owners expressly waive any vested rights that might otherwise arise p under local or state law, or by common law, from the submittal of such inconsistent development a lication, The Owners 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 expiration of the 1 SO~day period during which the Development Plan is in effect. Section 5, A reement Deemed Void in Part Voluntar Annexation. A If an Owner f les any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan rovided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. p B} Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C~1, or other such other provisions governing voluntary annexation of land as may then exist. Gwners expressly and irrevocably consent to annexation of the Property 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 rior to such sale or conveyance, give 3 0 days written notice of this Agreement to the ~p ros ective urchaser or grantee. 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 221 N. Elm Street Denton, T~ 76201 Section 7. Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas, Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate an of the remaining provisions which shall remain in full force Y and effect, Section 9. Remedies, This Agreement maybe enforced by either Cwner or the City by an roceedin at law or in equity. Failure to do so shall not be deemed a waiver to enforce the Yp g rovisions of this Agreement thereafter. Entry into this Agreement by owner warves no rights as p to matters not addressed in this Agreement. 4 k:ldal civillb3012U I81nan-annexation agreementsll00~ 17 myers tract agreement.dac Section 10. Chan e 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 ~ 1. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multi le Co ies. This Agreement maybe separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five 5 ears from the Effective Date the "Term"}. The Effective Date of the Agreement ~~y shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections and 4 shall survive termination of this A reement, together with any other provisions, as maybe necessary for the g implementation of those sections. The Parties hereto have executed this agreement as of , 201 owners l ~ ~ J , Creecy r ~ THE CITY OF DENTIN, TEXAS B . C~ y Manager, Deputy City Manager, or Designated Representative 5 k:ldal civi11~3012~ 1$Inan-annexation agreements1100217 ~nye~'s tt~aet agreement.dac THE STATE ~F TEXAS } COUNTY OF DALLAS } n the ~ ' da of ~ This instrument was acknowledged before me o y ~o l 0, by John ~V. Creecy. ~ti~iliil~~~ i,,,7(11f~11,~ ~ Nota Publtc State of Texas I r ~ ,s ~ THE STATE 4F TEXAS } COUNTY OF DALLAS } . ~ ~ This ~ , stru eat was ac owled ed before me on the day of 0 2010, by _ ~ ~ < .,1 . ~ 4,, ~ ~ ~:~k.il~ii~., `.71<<~e of ~l~e~t~~ ~q ~ M1, l~,~ ~~L71111i IihJ~Vll 4.~'~, ~~~'~~"~U~ I y r ~ $l~ f~ ~ ~ l~ ~ w t!i /~r r ~ { ' ~ ~~w`, :ry .V~ Notary Public, State of Texas ~~~_ti THE STATE OF TEXAS } COUNTY OF DENTIN } da of 20~ b This ~nst ent was knowl ged before me nn with y ~ y 'City Manager eputy City ManagerlDesignated Represents e, on behal of the City of Denton, Texas. r r ~,~°..~.,~,w~cwA,e. ,...off i ~.*rwWk~ ~t~~~pVA~~~►¢ 4~~b~~~~ tax Pu c State of Texas N~taty ~~II~ t~f T~~~~ Y `►d~ ~y ~~t~fi~i~~~l~~ ~~i~~~ ~r~+r'r i~l~ti +4, ~ APPROVED AS TO I~~ FARM: ANNA BURGESS, CITY ATTO NEY B~ 6 After recording return to ; k:Ida1 civi1163412~181nor~~annexation agreeme«ts110~217 gcnt~y tract agreetnent.doc Je1u11fer Walters City Secretary 215 E. McKinney Denton, T~ 76201 CHAPTER 212 TExAS LaCAL GOVERNMENT CGDE NGN-ANNExATIGN AGREEIVIENT This A •eement is entered into pursuant to Section 212,172 Tex. Local Gov't Cade by and between the Cit of Denton, Texas (the "City"~ and Galatyn Park Corporation flkla 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 individually or collectively referred to as ( p Y~ "Party" or "parties": Beira 87.452 acres of land, more or Tess, situated in the John McNeil Stewart Survey, g Abstract No. 1150, Denton County, Texas, and being more fully described on Page 485 of that certain Special Warranty Deed dated December 8, 1989 from J & L Partners, actin b and through its manager, L & J Management Corporation, and its partners g Y Jose hive Hu es Sterling and Lewis R. Cauble to Rancho Vista Development p ~ Com an ,filed for record on December 11, 1989 and recorded in Volume 2695, Page p Y ~ t is 465 of the Real Property Records of Denton County, Texas, Said 87.452 acre trac , commonly known as DC~D Property ID 37420. 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 bindin u on the Cit and the Owners 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 pp many ement use, or timber land pursuant to Tex. Tax Code chapter 23.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 WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a munici alit to enter into an agreement pursuant to Tex, Loc. Gov't Code section 212.172 for p y u ores of retainin Land in the municipality's ETJ in exchange for the property owner's p~ g covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc, Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; ~ EXHIBIT 17 1 E %LMMMMMMMMMMMJ k:ldal civi116301201$Inan-annexation agreeinents11002I ?gentry tract agreeinent,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 A reement as hereinafter defined, and any subsequent renewals as maybe agreed upon by the g 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 A cement 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 single-family dwelling maybe located or constructed gp on a lot smaller than five t5} acres. The property owner may apply to the City for d~vxsion of the land sub `ect to this A cement into parcels, each of which is at least five ~5} acres in size, for the ~ . u ores set forth in this section without being in v~olat~on of this Agreement. Such uses and p~ 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 ment of the Property, as may be amended from time to time, provided that the p a lication of such regulations does not result in interference with the use of the land for PP a ricultural wildlife management or forestry purposes and does not prevent the continuation of a g use established riar to the effective date of this Agreement and which remains lawful at the time p 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 Cnteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater~, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, 3rd Ed. 1998 ~NCTCOG Manual}; 3 Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting. a. International Building Code, 2006 Edition with local amendments; b, International Residential Code, 2006 Edition with Appendix G and local amendments; 2 k:Idai civi11~3~1~0181non-annexation agreementsll0a217 gentry tract agreement,doc c. The International Fire Code, 2006 Edition with local amendments; d, International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f, International Mechanical Code, 2006 Edition with local amendments g, Code of 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. ' , National Electric Safety Code, 2003 Edition, with regional J amendments; k, Minimum housing and building standards, Denton Code § §28-3 83 437 and § § 17~ 141-- 210, as amended and as applicable; 1, Irrigation Standards, Denton Cade §§28441- 457; and m, Moving Buildings, Denton Code §§28-326 375; 4 Si re lations, as contained within Subchapter 15 of the DDC, as amended; ~ } gn gu 5 A liable water and wastewater connection, construction and on-site pp o eration re uirements, captained within Chapter 26 of the Denton Code of p q 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 by the Texas Water Code, as amended, Texas Natural pP Resources Code, as amended, Texas Utilities Code, as amended, and a liable administrative standards of the Texas Commission on pp Environmental Quality, as amended; 6 A liable Flood Protection, Drainage and related standards, as contained ~ ~ pp within Chapter 30 of the Denton Code, as amended, and subchapters 17 throw h 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as g , 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 fatting, drilling and production standards, as contained in p 35,16.19 and subchapter 22 of the Denton Development Code, as amended § and as a liable, and as supplemented by requirements of the Texas Ut~l~t~es pp Code the Texas Natural Resources Code, the Texas Water Code, and a liable administrative standards of the Texas Railroad Commission and pp Texas Commission on Environmental Quality, as amended. Section 4. Develo ment Plan to Remain in Effect. Following termination of this A r Bement for an reason, the Development Plan set forth in Section 2 shall ~•emain in effect for g y 3 k:ldai civillb3a 120181~1on-annoxation agreements110Q217 gentry t~~ct agreement.doc a eriod of 180 calendar da s thereafter, ar until the effective date of the annexation and ~ y ermanent 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 Burin such period if such application or plan is inconsistent with the Y p y g Develo ment Plan. The Owners expressly waive any vested rights that might otherwise arise P under local or state law, or by common law, from the submittal of such inconsistent development a lication. The Owners 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 180-day period during which the Development Plan is in effect. p Section 5, A reement Deemed Void in Part Voluntar Annexation. A if an Owner files any application or plan of development far or otherwise commences develo meat of any portion of the Property ~ncons~stent with the Development Plan p . rovided in Section 2 sections 1 and 3 of this Agreement shall thereupon become null and void, p B Thereafter the City may initiate annexation of the Property pursuant to Tex, Loc, Gov't Code subcha ter Owl, 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 deemed valuntar and not subject to the requirements and procedures far an annexation plan, as y~ required by Tex. Loc. Gov't Cade section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall rior to such sale or conveyance, give 30 days written notice of this Agreement to the P 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 221 N, Elm Street Denton, TX ?6201 Section Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Seyerabil~. 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 maybe enforced by either owner or the City by an roceedin at law or in e uity. Failure to do so shall not be deemed a waiver to enforce the yp g q . rovisions of this A Bement thereafter. Entry into this Agreement by Owner waives no rights as p ~ to matters not addressed in this Agreement. 4 l~:ldal civil163~ 120181non-annexatian agreements110021'1 gentry ki~act agree~nent.dac Section ~ D. Change ~n Law. No subsequent change in the law regarding annexation shall affect the enforceabilit of this Agreement or the City's ability to annex the prope~~ties covered y herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12, Execution in Multi le Co ies. This Agreement maybe separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Tenn 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 Tenn 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 , 2014. Owners t' ~ I ~~s ~o , Creecy w r r THE CITY nF DENTIN, TE~A.S By. ~ City anager, Deputy City Manager, or Designated Representative 5 k:ldal c~vi11634120181non~annexation agree>nents11a021?gentry tz~act agreeinent.doc THE STATE OF TEXAS } COUNTY OF DALLAS } ~~U This Instrument was acknowledged before me on the day of , 2010, by John w, Creecy. ,1`tiyllll1r Y1~ I [ S' }r~ ry { f f~l _ •.I..j•;~"' ~ 't{•`'~~~;~~1 ~~~l~iiG, ~~1~~~ nl I~,~C~.S ~:.ti~ ' / ~ r ~ otary Public, State of Texas L+, >~..r'..-- tea... y Y ~ THE STATE OF TEXAS } COUNTY OF DALLAS } This I ~t vent was c wl ged before me on the day of ~ , 2010, by Z~ V ~ 3 ~ ~ ~ ~.t ~s;~ c ~^~3^` Oro t \ ti ~ ~ ~ ~ ~ ~ ~f~~~~~<~~~~~ ca ~ a-~e-~a~ ~ Notary Public, State of Texas r THE STATE OF TEXAS } COUNTY OF DENTON } hls last ent was knowle ed before me one the day of ,20~~ by T , ~ City Manager) eputy C ty ManagerlDesxgnated Representat~ e, on~behalf of the Clty of Denton, Texas, r, ..,......,~,.r,,,, A ~ {,i11111ij ~~~~1~11~"I~ ~ II ~rt`~b~~~'Y~~~~~~y'~ wA~.~~~~ N t ry Pubs State Of Texas ~ ~~t~~y ~ll~~i~, ~~~t~ 0~ ~9k~5 My t;~sr~~~i~~ic~r~ ~~pir~s *~~itt ~~~~f flkJ~l I ~ 1~~ 1 W 'r~I~i~1K~ ~ 4.i ~ APPROVED AS., .L. ECG L FORM: ANITA BURGESS, CITY A ORNEY ~r f f . -.BY.._ . 6 After retarding return to Je~~nifer wafters k:ldal_civi11b3p120181non-annexation agreements1i00217 smith tract agreement.d4C Olt Secretar' y Y 215 E. Mcl~inney Denton T~ 76201 CHAPTER Z12 TE~A.S LOCAL GOVERNMENT CODE NON-ANNEXATION AGREEMENT This A eement is entered into ursuant to Section 212,172 Tex. Local Gov't Code by and p between the Cit of Denton, Texas the "City"} and Galatyn Park Corporation flkla Rancho Vista Y Develo meat Com an "owners"}, the property owners of the hereinafter described property p p Y~ the "Pro ert " in Denton County, Texas, sometimes ~nd~vidually or collectively referred to as ~ p y~ "Party" 4r "Parties": Rein that ortion lying outside the city limits, of a 572,029 acre tract of land, more or g P less situated in the John Ayers Survey, Abstract No. 2; the 1. Coy Survey, Abstract No. 212' the Morris Ma Survey, Abstract No. 847; and the S.L. Johnson Survey, Abstract Y No. 683 Denton Count ,Texas, and being more fully described on Page 478 of that Y certain S ecial warrant Deed dated December 8,1989 from J & L Partners, acting by p y and throe its mana er, L & J Management Corporation, and its partners Josephine ~ g Hu es Sterlin and Lewis R, Cauble to Rancho Vista Development Company, filed for ~ g record on December 11, 1989 and recorded in Volume 2695, Page 465 of the Real Pro ert Records of Denton County, Texas. Said portion lying outside the city limits, p y 6 DCAD of the 572,D29 acre tract, is commonly known as DCAD P~o~perty ID 3707 , Pro er ID 3 7354, DCAD Property ID 3 7715 aid DCAD P~o~erty ID 3 7696, p ~Y reS~~CtxVely, 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 Gwners desire that the Property remain in the City's extraterritorial } jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS Owners and the City acknowledge that this Agreement between them is bindin u on the Cit and the Owners 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 pp mana ement use or timber land pursuant to Tex. Tax Code chapter 23,C, D, or E; and g i WHEREAS CwNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS Tex. Loc. Gov't Code section 43.43 5 authorizes a property owner and a munici alit to enter into an a eement pursuant to Tex. Loc. Gov't Code section 212.172 for p y ~ u ores of retaining land in the municipality's ETJ in exchange for the property owner s p~ covenant not to develo the roperty and to authorize the municipality to apply development p p regulations not inconsistent with agricultural use; and EXHL~T a 2 1 m k:ldal ~ivi11b3Q 12a 181nan~annexation agreementsl l X0217 smit~~ tact ag~'eement. doC re desirous of enterin into an a reement authorized under Tex, WHEREAS, the Parties a g g Loc. Gov't Code section 43.03 5; and WHEREAS this A eement is to be recorded in the Real Property Records of Denton s 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 territorial status of the Pro ert and agrees not to annex the Property for the term of this extra P y eement as hereinafter def ned, and any subsequent renewals as maybe agreed upon by the Agr , Parties, subject, however, to the provisions of this Agreement. Section 2. Develo ment Plan. The Owners covenant and agree that use of the Property to he term of this A eement and any extensions agreed to by the Parties shall be limited fort ..related and ranch-related uses and customary accessory uses, and single-family detached farm ranch dwellin s rovided that no single-family dwelling maybe located or constructed farm or g,p smaller than five 5 acres. The property owner may apply to the City for division of the on a lot ~ } sub' ect to this A eement into arcels, each of which is at least five ~5} acres in size, for the land a p es set forth in this section without being in violation of this Agreement. Such uses and , purpas activities constitute the develo ment plan far the Property in satisfaction of Tex, Loc. Gov't p Code section 212.172~b}. Section 3. Governin Re lotions. The following City regulations shall apply to any e elo ment of the Pro ert , as may be amended from time to time, provided that the dv p p Y lication of such re lotions does not result in interference with the use of the land for app gu 'cultural wildlife mono ement or forestry purposes and does not prevent the continuation of a agri g use established rior 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 Development Code ~"DDC"}, as g amended ursuant to The Denton Plan, 1999-2020, as amended, including but p . not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein 2 The subdivision and development regulations contained within the Denton Develo meat Code, as amended, together with applicable Design Criteria p Manuals including construction, drainage, site design, solid waste, trans ortation, tree protection standards, and waterlwastewater}, Denton p Mobilit Plan and other approved Master Plans of the City of Denton, Texas, Y and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed.1998 ~NCTCOG Manual}; 2 k:ldal civii1b30 i 2d 1 Slnan-annexation agreemenisl ~ 4~z 17 smit~a tract agreement, da C 3 Denton building codes, as contained within Denton Code Chapters ~7, 28 and 29, and DDC Subchapter 24, adapting. a. International Building Code, 2006 Edition with focal 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; £ International Mechanical Code, 2006 Edition with local amendments g. Code of Grdinances 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. ' al Electric Safet Code 2003 Edition, with regional ~ Nation y amendments; k, Minimum housing and building standards, Denton Code § §28-3 83 437 and § § 17-141- 210, as amended and as applicable; 1. Irri anon Standards, Denton Cade §§28.441-~ 457; and g m. Moving Buildings, Denton Code §§28326 375; 4 Si re lations, as contained within Subchapter 15 of the DDC, as amended; ~ ~ onnection construction and on-site ~5~ Applicable water and wastewater c o eration re uirements, contained within Chapter 26 of the Denton Code of ~ K Grdinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, ' 'a Manual as amended and as the Dentan Water and Wastewater Cnten supplemented by the Texas Water Code, as amended, Texas Natura Resources Code, as amended, Texas Utilities Code, as amended, and a licable administrative standards of the Texas Commission on pP Environmental Quality, as amended; 6 A licable Flood Protection, Drainage and related standards, as contained pp 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, amended and a licable administrative standards of the Federal as pp Emer enc Management Administration, as amended; and g Y 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 1c:ldal civi11630120 i 81non-annexation agreementsll OOZ 17 smith t~'act agreement. do C and as a licable, and as supplemented by requirements of the Texas Utilities pP and Code the Texas Natural Resources Code, the Texas water Code, a licable administrative standards of the Texas Railroad Co:mtnission and pp Texas Commission on Environmental Quality, as amended, ection 4. Develo ment Plan to Remain in Effect. Fallowing termination of this S meat for an reason the Develo ment Plan set forth in Section 2 shall remain in effect for Agree y ~ p ' of 180 calendar da s thereafter, or until the effective date of the annexation and a period Y ent zonin of the Pro ert ,whichever first occurs. The Parties covenant and agree that perman g P y , ' ma den an develo meat a Iication or plan of development that is submitted to the the Clty y y y p pp ' the Pro ert Burin such eriod if such application or plan is inconsistent with the City for p y g p ment Plan. The Gwners ex ressly waive any vested rights that might otherwise arise Develop P er local or state law orb common law, from the submittal of such inconsistent development and ~ Y ' tion. The Owners further a ee that no use commenced or completed on the Property that applica ~ ' onsistent with the develo meat Ian shall be considered established or in existence prior to ~s inc P p the ex iration of the 180~day period during which the Development Plan is xn effect, p Section 5. A Bement Deemed Void in Part Voluntar Annexation. A if an Gwner files any application or plan of development for or otherwise noes develo ment of an ortion of the Property inconsistent with the Development Plan comme p Y p in Section 2 sections 1 and 3 of this Agreement shall thereupon become null and void. provided , rylB Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. ~ ~ ~ ~ ' ode subcha ter C~1 or other such other prov~s~ons governing voluntary annexation of Gov t C p s land as ma then exist. Gwners expressly and irrevocably consent to annexation of the Property Y uch circumstances. Gwners further agree that such annexation by the City shall be under s erred voluntar and not sub'ect to the requirements and procedures for an annexation plan, as de y, required by Tex, Loc. 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 rior to such sale or conve ante, give 3o days written notice of this Agreement to the shall, p y , ' e urchaser or antee. A co y of the notice shall be forwarded to the City at the prospect~v p g~` p following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, T~ 76201 Section 7. Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilit .invalidation of any provision of this Agreement by judgment or order shall not invalidate an of the remaining provisions which shall remain in full force court y and effect. 4 ~C:Idal civi116301 1 Slnon-annexation agreementsll OQ217 smith tract agreement,doC Section 9. Remedies. This Agreement maybe enforced by either Owner or the City by 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 rovisions of this A eement thereafter. Entry into this Agreement by Cwner waives no rights as p ~ to matters not addressed in this Agreement. Section I o. Chan e in Law. No subsequent change in the law regarding annexation shall ct the enforceabilit of this A eement or the City's ability to annex the properties covered affe y herein pursuant to Section 4, Section 1 ~ , Venue. Venue for this Agreement shall be in Dentan County, Texas. Section 1Z. Execution in Multi le Co ies, This Agreement maybe separately executed in individual counterparts and, upon execution, shall constitute one and same instrument, Section l3. Term and Extension. The initial term of this Agreement shall be for a period of five 5 ears from the Effective Date (the "Term"}. The Effective Date of the Agreement (~y , sha11 be the date the A eement is executed by the City. The Term may be extended upon mutual ag~~eement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive rmination of this A reement, to ether with any other provisions, as maybe necessary for the to g g implementation of those sections. ' ereto have executed this a eement as of , 20 l The Parties h owners ` l ~~s ~ ~ ~ ~o , Creecy A ~ THE CITY CF DENTCN, TEAS By: City Manager, Deputy City anager, or Designated Representative 5 k:Ida1 civi11G30124]$lnan-annexatia~ agreementsllOp217 smith tract agreement.doC THE STATE OF TEXAS } COUNTY OF DALLAS } This instrument was acknowledged before me 'on the day of ~ ,fir, , 2010, by John w, Creecy. s , ~ 1 ' ` ~.~f7;~~lfsllSti;lOCl ~y,~J. ~0•t~-~~)1~ ~ Notary Public, State of Texas ..;.M. THE STATE OF TEXAS } COUNTY OF DALLAS } ' fore me on the ~ da of ~ , Thas ~ s1 ent was a , wl ed be y 2010, by ~vu ~ FF y ~,y.. r~an7rr~i y~ia~ ~;p,10~~t~-2l)1~1 : 5. ~ Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } r ~ II This instru nt was ac owled ed before m~-on~he~ day of ,2 ~by zCty~~~ Manage eputy ity ManagerlDes~gnated i Representa e, on behalf of the City of Denton, Texas. ~,~~'~Y~~,~'►~, ~~~~I~~ w~~~~~~ N Publz , fate of Texas d i i ~r~f~1~~I~~ ~~~Ir~~ ~rNta ~~.~9 y~,p f~ r:r~~~~ ~ 1~ ~~~~~t~l ~ ~1~ i APPROVED A,~:TO~-~LE~~~L~ ' ANITA I~RGESS, CITY A ORN Y u~~.~ w. y~:~:~:~~=~~y ~ BY;,w ~ - After recording return to: Jennife~• wafters City Secretary 215 E. McKinney Denton, Tx 76201 CHAPTER 21Z TExAS LOCAL GOVERNMENT CODE NUN-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 Gene and Lynn Gumfory ~"Owners"}, the property owne~•s of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being Lot 17, Bloch A, of Milani Creep Ranch, Phase IT, an Addition to Denton County, Texas, according ~to the map or plat thereof recorded in Cabinet 0, Slide 3 85 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that ce~•tain Warranty Deed dated September 24, 2007 from John. Lee Kelley and wife, Mary Kathleen Kelley to Gene Gumfory and wife, Lynn R. Gumfory, filed for record on September 25, 2007 and recorded in Instrument Number 2007-113999 of the Real Property Records of Denton County, Texas, Said Lot 17, Bloch A, Milani. C~•eel~ Ranch, Phase II, is commonly known as DC~4~ P~opet~t~} ID ~o. ~dZ6~ 7. WHEREAS, the City has given notice of its intent to institute annexation proceedings for tlae Property in accordance with Tex, Loc• Gov't Code ch, 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial ~llrisdictxon ~"ETJ"} foz• the te~•~n 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 Cllnently is appraised for ad valorem tax purposes as land for agricultu~°al or wildlife management use, or timber land pursuant to Tex, Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43,035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to autho~•ize 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 wI-IEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; EXHIBIT 1 E m NGw, 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 extraten•itorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hezeinafter defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to tl~e 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 fax•~n-related and ranch~related uses and customary accessory uses, and single-family detached fa~~n or ranch dwellings, provided that no single-family dwelling maybe located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the P~•operty in satisfaction of Tex, Lac. Gov't Code section 212.172~b}, Section 3, Goyernn~Regula~ions, The following City regulations shall apply to any development of the Property, as may be amended from tin~.e 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 prioz• to the effective date of this Agreement and which zemains lawful at the time the Agreement is executed; ~l}Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan,1999-2020, as amended, including but not limited to the tRDWS} 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 constr«ction, 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 Nortll Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed.199S ~NCTC4G- 1Vlanual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; 2 d. h~te~national Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. Inte~•national Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. Inte~•national 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 ~ X28-3 83 - 437 and § ~ 17~ 141- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §~25-441- 457; and m. Moving Buildings, Denton Code ~~28-326 - 375; E ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; k 5 A licable water and was e r I~ ~ } pp t Ovate connection, construction and on-site F operation requirements, contained within Chapter 26 of the Denton Code of ®rdinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Wate~• 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 ap licable administrative standards of the Texas Commission on A k Environmental Quality, as amended; ~6} Applicable Flood Protection, Draina e and related standards as contained ~ g within Chapter 30 of the Denton Code, as amended, and subchapters 17 i through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as su lemented b re uirements of the Texas water Code as Pp Y q 9 ~ amended, Texas Natural Resources Code, as amended, applicable administrative standards of t1~e 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 1 applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Develo meat Plan to Remain in Effect, Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 3 permanent zoning of the Property, whichever 1"zrst occurs. The Parties covenant and agree that the City naay deny any development application or plan of development that is submitted to the city far the Property during such period if such application or plan is inconsistent with the Development Plan, The Owlaers expressly waive any vested rights that might otherwise arise Mader local or state law, or by common law, f~•om the submittal of such inconsistent development application, The owners fu~~ther 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 tlae expiration of the 1 SO~day period during which the Development Plan is i~a effect. Section 5. A reement Deemed Void in Part Voluntar Annexation, ~A} If an owner files any application or plan of development for or otherwise conuaaences development of any portion of floe Property inconsistent with tlae 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 requizements and procedures for an annexation plan, as required by Tex, Lac, Gov't Code section 43,052, or successor statute. Section 6, Notice of Sale. Any persona 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 tlae 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. Recordin .This Agreement is to run with the Property and be recorded in floe real property records, Denton County, Texas. Section S. Severability. Invalidation of any provision of this Agreement by judgment or court orde~• shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agree~aae~at maybe enforced by either Gwner or the City by any proceeding at law or in equity. Failure to do so shall ~aot be deemed a waiver to enforce floe provisions of this Agreement thereafter. Entry into this Agreement by owner waives loo rights as to matters not addressed in this Agreement. 4 Section lo, Change x~~ Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the propertiies covered herein pursuant to Section 4. , Section 11, Venue. Venue for this Agreement shall be in Denton County, Texas, xecutlon 1~~,,Mu tl e C.,_„ Section 12. p opies, This Agreement maybe separately executed in individual counterparts and, upon execution, shall constitute one and same instrument, Sect1011 ~3. Term and Extension, The initial term of this Agreement shall be for a pe~•iod of five ~5} years from the Effective Date the "Term"}, The Effective Date of the Agreement shall be the date tl~e Agreement is executed by the City, The Term may be extended upon mutual agreement of the Parties, Section 14. Survival of Covenants. The covenants in Sections Z, and 4 shall survive termination of this Agreement, together with any other provisions, as maybe necessary for the implementation of those sections, The Parties hereto have executed this agreement as of , 201 Q, ~wl~ers ene umfory L umfory TAE CITY OF DENTIN, TEAS By; ~ City Manage ,Deputy City anager, or Designated Representative , THE STATE OF TEXAS } COUNTY OF DENTQN ~ r This instrument was acknowled ed before g me on the ~ ~ day of ~ ~ , 20 t by Gene Gumfo~y, ~ p~h".~pG~~ H I TI ~ ~ ~ ~ ~ I~ota~y bliC S#ate of Tex ~ 4p My co ~wissiaN ~x~~~~ Notary Pubic, State of Texas ~ a, xo~~ •r 5 x THE STATE OF TEAS ~ COUNTY OF DENTON } This instrument was aclmowledged before me on the day of ~ , 24 t0, by Lynn Gumfoly. ~ f, ~ ~ . ~ ; Notary I~ubllc State of Tex fi d~~~ ~v c~~M,ss~o~ ~~iplA~ Notary Public, State of Texas r ~ ~ i I THE STATE OF TEXAS ~ COUNTY OF DENTON } ~ This ins~ru~ ~ nt was acl owled ed before m~o~ day of ,24 ,by pity Mana erlDeputy City ManagerlDesignated i Representat' e, on ehalf of the City of Denton, Texas, _.~.H~..~.µ..,. N t y Pub , State of exas ,`~oapYP~;ri~~,F J~~~~~~~~f~ ~ YN~1Es~~~~ ti 1 ~ e ~l ~ i~J~~~r~ ~~a~~f f~~r~ , ,rim„ iv1~- ~~~I~~tfi~~~~it~~ ~~it~~ rI/~~~1111 , ~~i~a~~~ I ~f i 4J _ ,r - t a t APPROVED AS TO LEGAL FORM; i ANNA BURGESS, CITY-A'FT. Y 4 ~ %.~---f~ 6 After recording return to; s.lau~• dacumentslmiscellaneous1141annexatianslde~•ek & Cindy ~~oak non-annexation agreement.dac Jen111fer Vlralters City Secretary 215 E. McKin~rey Denton TX 76201 CHAPTER 212 TEAS L(]CAL GOVERNMENT CGDE NUN~ANNEXATIGN AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex, Local Gov't Code by and between the City of Denton, Texas the "City"} and Derek Hoof & Cindy Hoof ~"Owners"}, the px•ope~•ty owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties"; Being 6.43 acres of land, mare or less, situated in the J. Stewart Survey, Abstract No. 1150, Denton County, Texas, and being mo~.•e fully described in that certain General Waz•ranty with Vendor's Lien dated June 29, 2009 from James Dale McKtaight and Donna Joy O'Dell to Derek Hook and wife, Cindy Hook, filed for retard on July 2, 2009 and recorded in Instrument Number 200980411 of the Real Property Records of Denton County, Texas. Said 6,43 acres of land, :more or less, is commonly known as DC~D Property ID 37455 c~~~d DC~iD PrAoperty ID 37466, respectively, WHEREAS, the City leas given notice of its intent to institute annexation proceedings for the Property in accoz•dance with Tex. Loc, Gov't Code ch, 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ET1"} for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and tl~e Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton ,County Appraisal District records show that the Property cuzrently is appraised for ad ~valozem 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 ET1 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 agricultu~•al use; and WHEREAS, the Parties are desirous of entering into an ag~•eement authorized under Tex. Loc, Gov't Code section 43,035; and WHEREAS, this Agreement is to be x•ecor•ded in the Real Property Reco~•ds of Denton County, Texas; EXH1BlT r ;0 Z 1 ~ s:lour dOCU111EI1~SIT111SC~~~at1E01lSI~ O~~t1I1eX~t1~11S~C~~~'e~C ~L Clt1C~y 1100~C 31011~antl~xation agre~ment,dac NQw, THEREFQRE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: ~ Section 1. Continuation of ETJ Status. The Cit uarantees the continuation of the yg extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to the provisions of this Agreement, Section 2. Deyelo meat Plan. The Qwners covenant and a •ee that use of the Pro ert I~'~ p ~ p y far the teen 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 prope~~ty owner may apply to the City for division of the I! land subject to this Agreement rota parcels, each of which is at least five ~5} acres in size, for the purposes set fo~~th in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Propez~ty in satisfaction of Tex. Loc. Gov't Code section 212,172~b}. Section 3. Governin Re ulations, The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forest~•y 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 b~a~ not limited to the ~RD~5} Zoning District regulations, and standards incorporated the~•ein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Desigl~ Criteria Manuals including const~~uction, drainage, site design, solid waste, t~•ansportation, tree protection standards, and waterlwastewater}, Denton 1Vlobility 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, No~~th Cent~•al Texas, 3rd Ed.199~ ~NCTCQG Manual}; t3} Denton building codes, as contained within Denton Code Chapters I7, 2~ and 29, and DDC Subchapter 24, adopting; a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c, ,The International Fire Code, 2006 Edition with local amendments; 2 s.laur doc~imentslmiscellaneousll0lannexatio~~slderek & Cindy hook non-annexation agreement.doc d. 111ternational Plumbing Code, 2006 Edition with local a111endnlents; e, 111ternational Fuel Gas Code, 2006 Edition with local an1e11dments; f. 111ternational N1ecllanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; 11. International Energy Conservation Code, 2006 Edition with regional amendments; i, National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; l~. Minimum housing and building standards, Denton Code §~25-383 - 437 and ~ § 17-141- 210, as amended and as applicable; 1, Il-1•igation Standa~•ds, Denton Code §~28-441 457; and ln. 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, constrl~ction and on-site operation requirelnellts,~ contained within Chapter 26 of the Denton Code of Oldillances, 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 adlninistl•ative standards of the Texas Commission on Environmental Quality, as amended; G A licable Floo Pr i 11 ~ } pp d otect o , Dralnage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subcha tern 17 P through 1 g 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 j administrative standards of the Texas Commission on Environmental Qualit~r, as amended, and applicable ad1111111stratlve standards of the Federal Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, as contained in X35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Con1111issioll on E11vi1•o11n1ental 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 i11 Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 3 s:lour doc~~rnentslmiscellat~eousllQlan~~exationslderek & ci~~dy hook ~~oil~a~~nexatian agt~eeme~~t,doc pe~•~nanent 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 pe~'iod if such application or plan is inconsistent with the Development Plan. The owners expressly waive any vested rights that might otherwise arise under local ar state law, or by common law, from the submittal of such inconsistent development application. The owners fu~•ther' agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180~day period during which the Development Plan is in effect. Section 5. A reement Deemed Void in Part Voluntar Annexation, ~A} If an Qwner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Pla~~ 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 P~'operty pursuant to Tex, Loc. Gov't Code subchapter C-1, or other such other provisions governing volunta~'y an~lexation of land as may then exist. Qwners expressly and irrevocably consent to annexation of the Property under such circumstances. Qwners fut~her 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 43.52, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, p~•ior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or g~'antee. A copy of the notice shall be forwarded to the City at the following address; City of Denton, Texas ATTN: Director of Planning and Development , 221 N. Elm Street Denton, T~ 76201 Section 7. Recordin .This Agreement is to ~~un with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Seyerabilily_. 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 maybe enforced by either Qwner or the City by any proceeding at law or in equity, Failure to do so shall nat be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Qwner waives no rights as to matters not addressed in this Agreement. 4 s:low~ documents'uniscellaneousllQlat~nexatio~lslderek 8c Cindy honk ~~on-annexatio~~ agreement.dac Sectlon 10, Claala eaw, No subsequent change ila the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4, Section 1 venue. Venue for this Agreement shall be in Denton County, Texas. Section 12, Execution in Multi le Co ies, This Agreement maybe separately executed ila individual coulatelparts and, upon executiola, shall constitute one and sanae instl•ument, Section 13, Term and Extensiola, Tlae initial term of this Agreement shall be for a peria~ of five ~5} years from the Effective Date the "Terra"}, The Effective Date of the Agreement shall be the date the Agreemelt is executed by the City, The Term may be extended upon mutual agreement of tlae Parties, Section 14. Survival of Covelaants. Tlae covenants in Sections 2, and 4 shall survive termination of this Agreelnelat, together with any other provisions, as maybe necessary for the ilaa lenaentation of those sectiolas, P The Parties hereto have executed this a reenaent as of ~ 2 g ~wlaers i' I ~ , i ..A+'`~ ~ y,,,., here o ~ r - ~ _ it dy ook k i THE CITY OF DENTIN, TEXAS ~ i By~ , City Manage , eputy City Manager, or Designated Representative F 5 s:lo~~r• docntnentslmiscellaneousll~la~~nexatianslderek & Cindy lloaknon-annexation ag~•eement,doc THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acl~nowledged before me on the day of ~ ~ ~ , 20 ~ 0, by Derel~ Hoof, , ' A.~~, C I T~ ~ A. Notary Public State ~t Te ~ k ~r MY C~~M18 ~4i~ ~ Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acl~nowledged before me on the day of , Zo l o, by Cindy Haol~, ~a ` 4f y.. QtanY p~ " ~HAIT~ A~ Notary i~ubiic State bt T~~ ~ ~ MY Cp~AMIS310N ~K~IR~~ '~a$ M~~c~ X01 ~ ~ Notary Public, State of Texas • .a ~ THE STATE OF TEXAS } COUNTY OF DENTON } ~ d' This instr ent was ac ~0 1 ged before me - rrt~ day of ,2 by lty Manager eputy City ManagerlDesignated Representa ve, on beha of the City of Denton, Tex ~tiy~nrirp ~~NNi~R K. WAIT~~S N ~ y Pu ,State of Texas ~°~~.~p~Y p~~~rr ~a,t '<<~: Natary i~ll~ilG, ~$~t8 T~;(85 ,d~;,, yp My ~ammis~ian expires r'f%A~F ~ ~ t~~```a D~c~r~ber 1 201 ~ ~~r!! 1111~~~ 1 1 APPROVED AS TO LE~AL.FWO,~M: AN~TA BURIES S_~ CITY ATTORNEY ~ ,.r RYA a~-~ Y. 6 ~r f.. After recording return to s:lour doct~mentslmiscellaneausllQlannexatianslcaralyn mallard 2.25 ac,doc Jennifer ~T1lralters City Secretary 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 Carolyn Schertz Mallard ~"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 2,25 acres of land, more or less, situated in the Morris May Survey, Abstract No, 807, Denton County, Texas, and being more fully described in that certain Special Warranty Deed dated June 21, 204 from Homer S. Schertz, alkla Sang Schertz, Individually and as Successor Trustee of the Homer Walter Schertz and, Jessie V. Schertz Revocable Living Trust; Danny M, Schertz, Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust; Ricky David Schertz, Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V, Schertz Revocable Living Trust; and Carolyn Schertz Mallard, as Successor Trustee of the Homer Walter Schertz and Jessie V, Schertz Revocable Living Trust to Carolyn Schertz Mallard, filed for record on July 7, 2004 and recorded in Instrument Number 2004$9327 of the Real Property Records of Denton County, Texas, Said 2.25 acres of land, more or less, is commonly known as DC~4D Property ID 270748, WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance With Tex, Loc. Gov't Code ch, 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term. of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex, Tax Code chapter 23,C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.03 5 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Cade 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 r EXHLBIT N n x 1 w s.laur documentslmiscellaneous1141annexatianslcarolyn mallard 2.25 ac.doc w3ER,,.EAS, 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; NCw, THEREFGRE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1, Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2, Development Plan, The Gwners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed 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 ulations., The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~1} Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Speci#ications for Public works Construction, North Central Texas, 3rd Ed.1998 ~NCTCOG Manual}; 2 s;lour documentslmiscellaneousll0lannexationslcarolyn mallard 2,25 ac.dac ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2DD6 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 Edltlon with local amendments; e, International Fuel Gas Code, 2006 Edition with local amendments; f, International Mechanical Code, 2006 Edition with local amendments g. Code of Grdinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; l~. Minimum housing and building standards, Denton Code §§28383 43 7 and § § 17~ 141 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28441- 457; and m. Moving Buildings, Denton Code §§28-32~ 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Grdinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources, Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission an Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 3 D 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 s:lour documentslmiscellaneousll0lannexationslcarolyn mallard 2,25 ac,doc 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 C~uality, as amended, Section 4. Develo ment Plan to Remain in Effect, Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan, The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect, Section 5. A reement Deemed Void in Part Volunta Annexation, ~A} If an owner files any application or plan of development far or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon became null and void. ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C~ 1, or other such other provisions governing voluntary annexation of land as may then exist. Gwners expressly and irrevocably consent to annexation of the Property under such circumstances, owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc, Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 3 0 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas, Section 8. Severability,lnvalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect, 4 s;lour documentslmiscellaneous1101annexat~onslcarolyn mallard 2,25 ac,doc 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 l0. Change in Law. No subsequent change in the la~v 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 and 4 shall survive termination of this Agreement, together With any other provisions, as may be necessary far the implementation of those sections, The Parties hereto have executed this agreement as of ~ ~ , 2010. Wners r arolyn h rtz Mallard THE CITY 4F DENTON, TExAS By~ City Manager, Deputy City Manager, or Designated Representative 5 s;lour dacumentslmisccllaneaus1101anneYatianslcarolyn mallard 2,25 ac,doc THE STATE CAF TEXAS } COUNTY DF DENTC~N } This instrument was acknowled ed before me on the ~ da of g Y 24~ 0, by Carolyn Schertz Mallard. ~ .Notary Public State of ~e 'p SOY C~~IMI ~ ~ ~ , r _ Notary Public, State of Texas ~f. THE STATE 4F TEXAS } C~tJNTY DF DENT4N } This inst ent was ac nowle ed before me on day of ,2~~, by ity ManagerlD puty City ManagerlDesignated Represent ive, on behal of the City of Denton, Texas, f. ,,~Nillt!!!~~ ~ w w N~~~r ~ ~t~~~l~~, ~y ~ f`~M~yyµ~~t~~y~~y~~"~~ ~p~Xa~ ary u c, State o exas ~~~f~ r . ~ e'~y~ ~a\/f i If 11~~~7~lJl I I~~~~Fryry~~ gi~~6F~~~~° V~~~~~~~ ~ ~E V lNui~~►~ APPROVED AS.: Tn,,.LEG:AE~~`~RM; ANITA B~~GESS CITY ATT~R~N~- y f,. f~~ r, ~,,wa i i I i I f f i E After recording return to s;lour documentslmiscellaneaus1141anne~atianslcaralyn mallard 8,00 ac,doc Jellnlfer Walters City Secretary ~ 15 E, Mcl~inney Denton, Tx 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CGDE NGN-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and Carolyn Schertz Mallard ~"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 8,00 acres of land, more ar less, situated in the Morris N1ay Survey, Abstract No. Sol, Denton County, Texas, and being more fully described in that certain warranty Deed dated October 14, 2002 from Jessie Schertz to Carolyn Schertz Mallard, filed for record on October 15, 2002 and recorded in Volume 5192, Page 3330 of the Real Property Records of Denton County, Texas. Said S.0o acres of land, mare or less, is commonly known as ~CA~ Property ID 247043. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch, 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, owners and the City acknowledge that this Agreement between them is binding upon the City and the owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43,035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: r m ~/11.II~I r IR c t im s~laur documentslmisce(laneous1101annexatianslcarolyn mallard 8.00 ac.doc 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 singleWfamily detached farm or ranch dwellings, provided that no single-family dwelling maybe located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex, Loc. Gov't Code section 212.172~b}. Section 3. Governin Re ulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~ 1 } Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan,1999~2020, as amended, including but not limited to the ~RDWS} Zoning District regulations, and standards incorporated therein (2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed.1998 ~NCTCGG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. international Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; 2 s;lour documentslmiscellaneous1l01annexationslcarolyn mallard 8,~a ac,doc e, International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Qrdinances 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- 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 captained 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 Dentan Code of Qrdinances, 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 'Dater 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 X35,16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4, Develo ment Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application ar plan of development that is submitted to the 3 s;lour documentslmiscel~aneous1101annexationslcarolyn mallard B.OQ ac.doc City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Uwners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application, The Qwners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 1 SO-day period during which the Development Plan is in effect. Section 5. A reement Deemed Void in Part Volunta Annexation. ~A} 1f an Gwner 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. Gwners expressly and irrevocably consent to annexation of the Property under such circumstances. Dwners 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, T~ 76201 Section 7. Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8, Severabili~y.lnvalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies, This Agreement may be enforced by either Owner or the City by any proceeding at law or inequity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Gwner waives no rights as to matters not addressed in this Agreement. Section 10. Chan e in Law. Na subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4, 4 s;lour documentslmiscellaneous1101anncxationslcarolyn mallard 8,00 ac,doc Section 11. Venue, Venue for this Agreement shall be in Denton County, Texas, Section 12. Execution in Multi le Co ies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five (5} years from the Effective Date the "Term"}, The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary far the implementation of those sections. The Parties hereto have executed this agreement as of ' , 2010, 1 Owners 0 r Caroly S ertz Mallard THE CITY DF DENTIN, TEAS By. City Manage ,Deputy City anager, or Designated Representative THE STATE OF TEXAS ~ COUNTY DF DENT4N ~ t This instrument was acknowled ed before me on the da of g Y 2010, by Carolyn Schertz Mallard. G~ ~ ,J ~ r 7 1 P 4~A~ k,R. ~~1 " Notary Public, ..fate of Texas ar ~o1~ry P blic Sfft~~ate ~1``Tex y ~ ~f ~n~~ _..a ~~tt~ GF tip.}P • b'.~ ti • # 5 s:lour doc~tncntslmisce(laneoust101annexatianslcarolyn mallard 5,00 ac,doc THE STATE 4F TEXAS ~ COUNTY ~F DENT4N ~ his instru nt was ac owledged before m~.on~ the day of ,20~~ 1 Manage IDeputy City ManagerlDesignated Representativ ~ on ehalf o the City of Denton, Texas, No ary ublic, to of Texas ''~'n~. Notary ~u~Ei~ t~t~ ~±f ~"~x~s ,~yb My ~~~m~~~~ta~ f~uplr~s APPROVED AS TD. LEGAL FURM:-~~ ANITA BURGESS, CITY ATT~RN . ~ _ ,~.m.,ro ~T~ ,~.,..w - BY, - ~ i 3 f 6 After recording return to s;loar documentslmiscellaneous1101annexatiar~sldanny m, schert~ g.~0 ac.doc Jennifer Walters City Secretary 215 E, Mc7~inney Denton, Tx 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CGDE N4N~ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex, Local Gov't Code by and between the City of Denton, Texas the "City"} and Danny M. Schertz ~"Gwners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 9.00 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain ~Uarranty Deed dated actober 14, 2002 from Jessie Schertz to Danny Schertz, filed for record on October 15, 2002 and recorded in Volume 5192, Page 3333 of the Real Property Records of Denton County, Texas, Said 9.00 acres of land, more or less, is commonly known as DCAD Properly ID No. 2~70~4. 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 t"ETJ"} for the term of this Agreement; WHEREAS, owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex, Tax Code chapter 23,C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and . WHEREAS, Tex, Loc. Gov't Code section 43,035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc, Gov't Code section 43.03 5; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NC'VLI, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: EXH~BlT 1 x ~ ~ m i s;lour documentslmiscellaneo~sll~lannexatiansldanny m. schertz 9.4Q ac.doc Section l , Continuation of ETJ Status, The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling maybe located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 2 ~ 2. ~ 72~b}. Section 3, Governin Re ulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~ 1 }Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications far Public Works Construction, North Central Texas, 3rd Ed.1998 (NCTC~G Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 2~ and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; d, International Plumbing Cade, 2006 Edition with local amendments; 2 s;lour documentslmiscellaneousll Olannexationsldanny m. schertz 9.00 ac.doc 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 ~~28-383 437 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 permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the 3 s;lour documentslmiscellar~eousll Olannexationsldanny m, schertz 9,04 ac,doc 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 applicatian, 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 reement Deemed Void in Part Voluntar Annexation, ~A~ if an Owner files any applicatian ar plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B~ Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property I, 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, ar successor statute. . Section 6. Nonce 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 f Denton, T~ 7201 f i Section 7. Recordin , Th1s Agreement ~s to run with the Property and be recorded ~n the real property records, Denton County, Texas. i Section 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 f 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. 4 s:lour documentslmiscellaneousll0lanncxationsldanny m, schertz 9.00 ac.doc Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multi le Co ies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13, Term and Extension. The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"}, The Effective Date of the Agreement shall be the date the Agreement is executed by the City, The Term may be extended upon mutual agreement of the Parties. Section 14, Survival of Covenants, The covenants in Sections 2, and 4 shall survive termination of this Agreement, together With any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this a ree ent s of 2010, g 4 ers y M. Sc rtz THE CITY OF DENTIN, TEAS By. City Manager, Deputy City Manager, or Designated Representative i 5 s;lour docume~tslmiscellaneous1101anne~ationsldanny m, sc~ertz x,00 ac,doc THE STATE ~F TEXAS ~ COUNTY OF DENTC~N ~ This instrument was acknowledged before me on the day of ~ ~ ~ , 2414, by Danny M, Schertz, REf DY ~ N~A~Y ~U9lIC &TAT~ pF TpfAg ~ ~ ~~f Notary Public, State o xas THE STATE OF TEXAS ~ COUNTY OF DENTON ~ ~ ~ , This inst ent was a knowledged before me n~-t~ day of ,20 by City Manag rlDeputy City ManagerlDeslgnated Representati , on behal of the City of Denton, Texas, ,~~t~~r l AA °~o ~ Not~rv N t ry Pub~i State of Texas W ~ ~ ~ ~y ~~1, ~y~w ~r~~i~tFpFS~i~wM L~~~►~~~~~ ~ ~i~ltl1t11~1 ! APPROVED AS T~ LEC,AL.F.~RM: ANITA BURGES S, ~ CITY ATT~RN~Y , f,,, s~f M I i- II i I i 6 After recording return to. s;lour documentslmiscellaneaus1101annexationsldanny m, schertz 0,79 ac,doc Jennlfel' waters City Secletal~y 215 E, Mcl~inney Denton, T~ 7201 CHAPTER 21Z TEAS LOCAL GGVERNMENT CODE NGN~ANNE.YATIGN AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Cade by and between the City of Denton, Texas the "City"} and Danny M. Schertz ~"Gwners"}, the property owners of the hereinafter described property the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties"; Being 0,79 acres of land, more or less, situated in the Morris 1VIay Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Special warranty Deed dated June 21, 2004 from Homer S. Schertz, alkla Sam Schertz, Individually and as Successor Trustee of the Homer wafter Schertz and Jessie V. Schertz Revocable Living Trust; Danny M, Schertz, Individually and as Successor Trustee of the Homer wafter Schertz and Jessie V. Schertz Revocable Living Trust; Ricky David Schertz, Individually and as Successor Trustee of the Homer waiter Schertz and Jessie V. Schertz Revocable Living Trust; and Carolyn Schertz Mallard Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust to Danny M. Schertz, filed for record on July 7, 2004 and recorded in Instrument Number 200489328 of the Real Property Records of Denton County, Texas. Said 4.79 acres of land, more or less, is commonly known as DC~4D Property ID No, 37731. 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 ~Jurlsd1ct10n ~"ETJ"} for the term of this Agreement; wHEREAS, Dwners 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, awNERS represent that it is their intention not to develop the Property during the term of this Agreement; and wHEREAS, Tex. Loc. Gov't Code section 43.035 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 EXHLBIT p 1 ~ ~ - - - s;lour dacumentslmiscellaneousll0lan~exationsldanny m, schert~ 0,'19 ac,doc WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.03 5; and '~i3EREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; Now, THEREFGRE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Praperty 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 Uwners 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 accessary 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 fve ~5} acres. The property owner may apply to the City for division of the land subj ect to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc, Gov't Code section 212,172~b}. Section 3. Governing Re ulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the a lication of such re ulations does not result in interference with the use of the land far pp g agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: i ~l} Zoning standards contained in the Denton Development Code ~"DDC"}, as amended ursuant to The Denton Plan i 999-202 as amended includin but p ~ ~ ~ g not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed, i 998 ~NCTCUG Manual}; 2 s.laur dacumentslmisceilaneousll0lannexationsldanny m. schertz 0,79 ac,dac ~3~ Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; d, International Plumbing Code, 2006 Edition with local amendments; e, International Fuel Gas Cade, 2006 Edition with local amendments; f, International Mechanical Code, 2006 Edition with local amendments g, Code of Grdinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k, Minimum housing and building standards, Denton Code §§28-353 43 7 and § § 17-141- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§25-441- 457; and m. Moving Buildings, Denton Code §§28326 - 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton V~ater 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 duality, 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 Cade, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental duality, 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 s:laur dacumentslmiscellaneousll0lannexationsldanny m, schertz 0,79 ac.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 an 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 ~ 8o calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever f rst 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 ar completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 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-l, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances, Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex, Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale. An erson who sells or conve s an ortion of the Pro ert Yp Y Yp p Y shall, prior to such sale or conveyance, give 3o 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, T~ 76201 Section 7. Recordin ,This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas,, Section 8. Seyerabi~. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect, 4 s;lour documentslmisce(laneousll0lannexationsl~anny m, schcr~~ 0,79 ac,doc Section 9. Remedies. This Agreement may be enforced by either owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section lo. Chan eg 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 l 1. Venue, Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multi le Co ies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"}. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section l4. Survival of Covenants. The covenants in Sections Z, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this afire ent s of , 2010, ~ ers D y M. S ch rt2 THE CITY 4F DENTIN, TEAS ~y. City Manager, Deputy City Manager, or Designated Representative 5 s;lour documentslmiscellaneous1101annexationsldanny m, sc~ertz x,79 ac.doc THE STATE 4F TEXAS ~ ' COUNTY ~F DENTIN ~ This instrument was acknowledged before me on the day of ZO10, by Danny Me Schertz. ~ ~ Notary Public, State of Texas THE STATE ~F TEXAS ~ COUNTY ~F DENTUN ~ This inst nt was ac wled ed before e da of Zo ~~b y ~ , y City Manager eputy qty ManagerlDesignated epresenta e, on behalf of the City of Denton, Texa . Y ~..~n k`~{~A4r~rUa ~ J~PJNI~~~ K, WA~~~(~5 e~ Y P 4 ~ Notary Public, State of Texas f' N t y Pub~~ , fate of Texas ; ~ . Mly Cammissian expires a e ~ ~yti APPROVED AS TC~:. LEGAL-F~RM~ ANITA BU , .~GE ,..5 .R S , CITY ATT~RNE . . ~~~~s Y, BY. f.. f i r II i I After recording return to s:laur dacumentslmiscellaneausll0lannexatiansldanny & sands schertz 5.~4 ac.dac Jennifer waiters City Secretary 215 E. McKinney Denton, T~ 76201 CHAPTER Z1Z TEXAS LOCAL GOVERNMENT CODE NON-ANNEXATION AGREEIVIENT 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 Danny M. Schertz & Sandra J, Schertz ~"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 5.000 acres of land, more or less, situated in the Morris May Survey, Abstract No. $07, Denton County, Texas, and being more fully described in that certain warranty Deed dated October 28, 2004 from Mrs. Ruby Finch to Danny M. Schertz and wife, Sandra J. Schertz, filed for record on November 1, 2004 and recorded in Instrument Number 2004W 1416$9 of the Real Property Records of Denton County, Texas. Said 5.000 acres of land, more or less, is commonly known as DC.~D Praperty ID ~o, ~ 73 044. WHEREAS, the City has given notice of its intent t0 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, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43,035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43,035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; EXHIBIT 0 m s:lour documentslmiscellaneo~as1101annexatiansldanny sandra schert~ 5,00 ac,doc NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section L Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement, Section 2, Development ..Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single~family detached farm or ranch dwellings, provided that no single-family dwelling 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 Re ulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~ 1 } Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan,1999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals includin construction drama e site desi n solid waste ~ g ~ g~ g~ } transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed.1998 ~NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting; a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c, The International Fire Code, 2006 Edition with local amendments; 2 s;lour documentslmiscellaneous1~01annexatiansldanny & Sandra sc~iertz 5.~4 ac.doc d. International Plumbing Code, 2006 Edltlon with local an~.endments; 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 §§28-383 - 43 7 and ~ ~ 17~ 141- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code ~§28441- 457; and m, Moving Buildings, Denton Code §§28-326 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Grdinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources 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 Cade, 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 s;lour documentslmiscellaneausllOlannexationsldanny & Sandra schertz 5,00 ac.dac permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 1 SO-day period during which the Development Plan is in effect. Section 5. 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 3 0 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, T~ 76201 Section 7. Recardin ,This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8, SeyerabilitX, Invalidation of any provision of this Agreement by judgment or I', court order shall not invalidate any of the remaining provisions which shall remain in full force and effect, 'i Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement, 4 s;laur documentslmiscellaneausll Olannexationsldanny & Sandra schertz 5.40 ac.doc Section 1 D. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue, Venue for this Agreement shall be in Denton County, Texas. Section 12, Execution in Multi~l~pies. 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 agr m t as of , 20 I D. ers Schert ~ San ra J. Schertz THE CITY QF DENTaN, TEAS By: City Manager, Deputy City Manager, or Designated Representative 5 s;lour documentslmiscelIaneousll0lannexationsldanny & Sandra sc~ertz S,aO ac,doc THE STATE OF TEAS } COUNTY OF DENTON } x This instrument was acknowledged before ~.e on the day of ~ j , 2414, by Danny M. Schertz. ~ ~ No ary Public, State~o- exas THE STATE OF TEAS } COUNTY OF DENTON } N ~ This instrument was acknowledged before one on the day of , 2410, by Sandra J. Schertz. tpY ~~lY ~U~lf~ 44tClfgl~# G~' Notary Public, State of Texas THE STATE OF TEAS } COUNTY OF DENTON } d- v This ins ment was ac owled ed before m - ~th i~~~/--- da of 2Q~ ~ b Y ~ y ity Manager eputy qty Manager~Designated Represent t e, on behalf of the City of Denton, Texas, WA~~~~S w Notary ~u~~i~, t~~~ a~ ~'~~as N t y Publi State of Texas N~, My ~~~~ttii~~i~r~ ~cpite~ APPROVED AS TO, LEGAL- FORM; ,.ww ANNA BURGESS CITY ATTORNEY ~ ' ~~T_ _ . . ~ ~ . ~ N.. N~. ti BY: 6 After recording return to: s;lour documentslmisceilaneousll0lannexatianslricky sc~ertz non-annexation agrcement,dac Jennifer Walters City Secretary 215 E, McKinney Denton, Tx 76201 C~IAPTER 212 TEXAS LOCAL GOVERNMENT CODE NUN-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 Ricky Schertz ~"Owners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties"; Being 11.00 acres of land, more or less, situated in the Morris May Survey, Abstract No. 507, Denton County, Texas, and being more fully described in that certain Warranty Deed dated October 14, ZDD2 from Jessie Schertz to Ricky Schertz, filed for record an October 15, 2402 and recorded in Volume 5192, Page 3327 of the Real Property Records of Denton County, Texas. Said 11.DD acres of land, more or less, is commonly known as DC~4D Properly ID ~To. ~4704~. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of ' the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex, Loc. Gov't Code section 43.D35 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex, Loc. Gov't Code section 212,172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex Loc, Gov't Code section 43.03 5; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: EXHIBIT w m ~ a m . s:bur documentslmiscellaneousll4lannexationslricky schertznon-annexation agreement,dac 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 maybe located or constructed on a lot smaller than five (5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5} acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b}. Section 3. Governin~Re ulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the tinge the Agreement is executed; (1} Zoning standards contained in the Denton Development Code ("DDC"}, as amended pursuant to The Denton Plan, ~ 999-2020, as amended, including but not limited to the (RD-5} Zoning District regulations, and standards incorporated therein (2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed. 1998 (NCTCnG Manual}; (3} Denton building codes, as contained within Denton Code Chapters 17, 2S and 29, and DDC Subchapter 24, adopting; a. International Building Code, 2006 Edition with lacal amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2406 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; 2 s,lour documentslmiscellaneous1l41annexationslricky schertz non-anne;~ation agreement,doc e. International Fuel Gas Code, 2406 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, 2046 Edition with regional amendments; i. National Electric Code, 2045 Edition with local amendments. j. National Electric Safety Code, 2403 Edition, with regional amendments; k, Minimum housing and building standards, Denton Code §~ZS-3S3 43 7 and ~ ~ 17-141- 214, as amended and as applicable; 1. Irrigation Standards, Denton Code § §25441- 457; and m. Moving Buildings, Denton Code ~§2$-326 - 375; ~4} Sign regulations, as cantained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on~site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Cade, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Cade, 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 184 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Prope~.y, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the 3 s:lour documentslmiscellaneousll0lannexatianslricky scherkz non-anneYatian agreement.doc 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 18o-day period during which the Development Plan is in effect. Section 5. A regiment Deemed Void in Part Volunta Annexation. ~A} If an Uwner files any application or plan of development for or otherwise carnmences development of any 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. ~B~ Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-l, or other such other provisions governing voluntary annexation of land as may then exist. Uwners expressly and irrevocably consent to annexation of the Property under such circumstances, Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures far an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, 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 22I 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 inequity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law, No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. 4 s,lo~r documentslmiscellaneousllOlannexationslriclry schertz non-annexation agreement.doc 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 Z, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreement as of , 2010. owners Ricky chertz THE CITY DF DENTIN, TEXAS B Y' City Manager, eputy City Manager, or Designated Representative THE STATE ~F TEXAS ~ COUNTY OF DENTIN ~ This instrument was acknowledged before me on the i day of , ZOID, by Ricky ScherCz, 4 5 } ,ti I ~ . ~ ~ ~ Notary Public, State of Texas ~ - . ~ : l~ot~ry ~ . 'gt~ta ~ y ~ ~ ;:;~iR k 5 s;lour documentslmiscellaneousllalannexationslrieky schert~ non-annexation agreement.doc THE STATE OF TEXAS } COUNTY OF DENTON } This instru ent was ac owledged before me the day of ,2~~, by ~ ity Manager eputy City Manager/Designated Representati on behalf o the City of Denton, Texas. r f ti ,~a~r ~~9 ~~~J~~~~~ w~~~~r~s N ry Publi State of Texas ,~yy~ My ~~m1~1~~si~~ ~~~~r~~ r ti 1 ~~~ii ~ ~~1~ r~~f~~ 11 fl ~~C8~1~~ ,.w APPROVED AS TO LEGAL FORM; ANITA BURGESS, CITY-ATTaRNEY a BY' ~ ~~p~ J~ I ,r j r' i 3 i i i I ~I s 6 After recording return to s:I0111• documentslnuscellaneousllOlannexationslsmitll ag~•eement.doc Jennifel• Walters City Secretary 215 E. McKi~~ney Denton, Tx 76201 CHAPTER Z1~ TExAS LC]CAL GaVERN1VIENT CGDE N~N~ANNExATIUN AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex, Local Gov't Code by and between the City of Denton, Texas the "City'} and Randal E, and Nancy L, Smith ~"Gwners"~, the prope~•ty owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 7.287 acres of land, more or less, situated in the J. McNeil Survey, Abstract No, 1150, Denton County, Texas, and being more fully described in that ce~~tain General War~•anty Deed with Vendor's Lien dated August 1, 2005 from Layne Brewer a~l~la Layne J. Brewer and wife, Laura Brewer a11~1 a Laura J. Brewer to Randal E. Smith and wife, Nancy L, Smith, filed for record on Aug~lst 8, 2005 and recorded in Instrument Number 2005-97613 of the Real Property Records of Denton County, Texas. Said 7,287 acres of land, more o~.• less, is commonly l~n.own as DCAD .P~operty ID loo. 173437 aid DCAD P~oper~,~ ID No. 37426, respectively. WHEREAS, the City has given notice of its intent to institute annexation proceedings fo~• the Property in accordance with. Tex. Loc. Gov't Code ch. 43; and WHEREAS, Gwners desire that the Property remain in the City's extrate~.•itorial ~llrisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Gwners and the City acl~nowledge that this Ag~•eement 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 cu~•rently is appraised fo~• 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 p~lrposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an ag~•eement authorized under TexP Loc. Gov't Code section 43,035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; ~XNI~1T p 1 ~ s:lnut• dacumentslmiscellaneous1141am~exatiansl~tnith agt•eement•dac NOW, THEREFGRE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the cantinuation of the extrate~~ritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Gwners covenant and agree that use of the Property for the tern of this Agreement and any extensions agreed to by the Parties shall be limited to fal~n.-related and ranch~related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no singlewfamily dwelling maybe located ar const~~ucted on a lot smaller than five ~5} acres, The property owner play apply to the City for division of the land subj ect to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Property in satisfaction of Tex, Loc. Gov't Code section 212.172~b}, Section 3. Governing Re ulat~ons. 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 ag~•icultuxal, wildlife management or forestry put~oses and does not prevent the cantinuation a~' 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 PIan,1999~2020, as amended, including but not limited to the ~RD~S} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including const~.~ction, d~•ainage, site design, solid waste, transpoz~tation, 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.199S ~NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. I~~ternational Building Code, 2~U6 Edition with local amendments; b. I~lternational Residential Code, 200 Edition with Appendix G and local amendments; c, The international Fire Code, 206 Edition with local amendments; 2 s.lau~~ documentslmiscella~~~ouslldlannexatiansls~nitll agreeme~~t,doc d, Inten~ational Pllllnbing 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, Intel~ational Energy Consel•vation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j . National Electric Safety Code, 2003 Edition, with regional amendments; l~, Minimum housing and building standards, Denton Code §~28~383 437 and ~ § 17~ 141 210, as amended and as applicable; 1, Irrigation Standards, Denton Code §§28441- 457; and m. Moving Buildings, Denton Code § §28326 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on~site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Watel• 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 an EnVI1'o1ll11e11tal Quality, as amended; ~6} Applicable Flood PI•otection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 thI•ough 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by i°equirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of tl~e 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 adlninistlative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Deye opment P an to Remain , Vin, , ,E, , Section 4, fect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 3 s.la~~r documentslmiscellai~eous1101a~lnexatio~islsmit~~ agreeme~~t,~oc permanent zoning of the Prope~~.y, 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 pe1-iod if such application or plan is inconsistent with the Development Plan. The Gwners expressly waive any vested rights that might otherwise arise under local or state law, 01' by co111mon law, from the submittal of such inconsistent development application. The Gwners further agree that 11o use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence priol• to the expiration of the 1 SO-day period during which the Development Plan is in effect. Section 5. A reenlent Deemed Void i11 Part' Volulltar Annexation. ~A} If all Gwner files any application or plan of development far or athel~wisc conullences 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 allnexatioll 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. Gw11e1,s expressly and i1.1•evocably consent to annexation of the Property under such circumstances. Gwners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc, Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells ox• conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser ar grantee. A copy of the notice shall be forwarded to the City at the following address; City of Denton, Texas ATTN: Director of Planning and Development 22 N. Elm Street Denton, T~ 76201 Section 7. Recordin ,This Agreement is to I~un with the Property and be recorded in the real prope~~ty records, Denton County, Texas. ect1o118. eve,, rab~iity. Invalidation of any provision of this Agreement by judgment or coul•t order shall not invalidate any of the re111aining provisions which shall remain in full force a11d effect. Section 9. Remedies, This Agreement Inay be 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 tl~e provisions of this Agreement thereafter. E11try into this Agreement by Gwner waives no rights as to matters not addressed in this Agreement. 4 Section ~ o, Chan e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 1 Venue, Venue fo~.• this Agreement shall be in Denton County, Texas. Section 12, Executio~l 111 Multi le Co ies, This Ag~•eement maybe separately executed in individual counterpa~•ts and, upon execution, shall constitute one and same instrument. Section 13, Tenn and Extension, The initial term of this Agreement shall be for a periGd of five ~5} years from the Effective Date Mlle "Term"}, The Effective Date of the Agreeme_F~t shall be the date the Agreement is executed by the City, The Term may be extended upon mutual agreement of the Parties, Sectio~l 14, Survival of Covenants, The covenants in Sections 2, and 4 shall su~~vive termination of this Agreement, together with any otlle~• provisions, as maybe necessary for the imple~.nentatiozl of those sections, The Parties he~•eto have executed this agreement as of ~ , 200, Qw Randal E, S111Ith Nancy L, S th THE CITY OF DENTIN, TEXAS By~ . City IUI nag r, Deputy City ana.ger, or Designated Representative THE STATE OF TEXAS ~ C~UNT~ OF DENTIN } This Instrument was acl~~owledged before me on the day of ~ ~ 2010, by Randal E, Smith, ~ _ t Nota Pu lic St ry ate o Tea 5 s,lour dacu~nentslmiscellalieo~~sll0la~~~lexatiai~slsinitl~ agr~emeut.doc THE STATE QF TEXAS ~ COUNTY ~F DENTON ~ This inst~ ument was acl~nowledged befox e nee on the day of ~ ~ j , 2D 10, by Nancy L, Smith. T pY F ~ _ _ Notary P blic, State, f exas THE STATE OF TEXAS } COUNTY OF DENT4N ~ This ins ent was aci wiedged before me,~ . ~th day of b ~ ~ Y ity Manage IDe ut Ci Mana erlDesi ated 3 P Y tY g gn epresentat' , on behalf o the City of Denton, Texas. ~,'`'Y"~'`,, J~~~NI~~~ k, WAI,T~~~ ~ ary Puv , State of Texas .a`~1a~~ ~~~r'~r 4~0,. Nc~t~ry ~U~iiiG, ~t~t~ p~~r~xas N ~ A i ~y ~~i`r~r~i~~l~~ ~~ir~~ r 1h 1 ~ Gl ~ py ~y ~y - ti~ '~~!llilt~~~ - APPROVED AS TD LEGAL,F~I~M:K..._ ANITA BUR~Ess, ~C~T~ ATTaRN - 3