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2010-034s.lour documentslordinancesllDldh-2 accepting non annexation agreements,doc oRDINANCENO. ~Q1O-Q34 AN ORDINANCE PROVIDING FOR ACCEPTANCE OF ELIGIBLE NON-ANNEXATION AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE PROPERTIES WITHIN AN AREA OF LAND ADJACENT TO AND ABUTTING THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TExAS, GENERALLY IDENTIFIED AS DH-2 OF APPROXIMATELY 258 ACRES LOCATED ON THE SOUTH SIDE OF UNIVERSITY DRIVE, WEST AND EAST SIDES OF THOMAS J. ELAN ROAD, NORTH OF JIM CHRISTAL ROAD, NEST OF MASCH BRANCH ROAD, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, pursuant to Section 43.061, 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 DH-2, as hereinafter described; and WHEREAS, Section 43,035, Subchapter B, Local Government Code requires the City to male offers of nOn-annexation development agreements to the owners of all properties which have been appraised far 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 eli ible ra ernes have executed such non-annexation g P p agreements; the owners of other properties have executed such non-annexation agreements but there remain defects in the legal description of such properties; and yet others owners to whom notices have been sent have not executed 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 are in the process of correcting defects therein; and ~VHER.EAS, 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; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Endings and recitations contained in the preamble of this ordinance are incorporated herein by reference. s;lour documentslordinancesll0ldh-2 accepting non annexation agreements,doc SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as DH-2, is described in Exhibit "A", attached hereto and incorporated herein, and depicted in Exhibit "B," attached hereto and incorporated herein except that if there is conflict between the Exhibits, "A" shall control}, SECTION 3 , Certain non-annexation agreements relating to eligible properties within that parcel identified as DH-2, 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 DH-2, the City Manager is authorized to rescind the City's action accepting said non-annexation agreements within six months of the effective date of this Ordinance should any property owners subj ect to the agreements sa desire. SECTION 6, Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7. This Ordinance shall take effect immediately on its passage. AND IT IS SO ORDERED. Passed b the Cit Council readin this 9th da of Februar , 2010. Y Y g Y Y e i ~,r MARK BU G ,MAYOR ATTEST: JENNIFER wALTERS, CITY SECRETARY BY: i APPR ED A TO LEGAL FORM: ANITA BURGES S, CITY ATTORNEY BY: Page 2 ExHIBIT "A" Annexation Tract D~IZ ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation ordinances as follows; Ordinance 1969-40 Tract 7}, Ordinance 197436 Tract V}, Ordinance 1982W52, Ordinance 198390, Ordinance 198648, Ordinance 1986-102, and Ordinance ZOO2-29; and being more specifically described as follows; i DH2 BEGINNING at the northwest corner of the subject property, this point being the northeast corner of property described in Ordinance $6-48; THENCE South 00° 1 D' 27" West, 1$86.11 feet to a point for a corner; THENCE South 59° 59' 47"East 1174.5 feet to a point in Egan Road; THENCE South 09° D3' 21" East with said Eagan Road 1400 feet to a point steel pin} at the intersection of Egan Road and Jim Christal Road, being on the South side of the E.A. Orr Survey; THENCE along the centerline of Jim Christal Road in a series of metes and bounds, more completely described in Ordinance 83 -90; THENCE to a point in Jim Christal Road described as the southeast corner of the property described in Ordinance 56-102; THENCE North 00° 11' 4D" West, 3031.04 feet to a point called the northwest corner of the property described in Ordinance 56102; THENCE South 89° 28' 45" East, 1486,$0 feet to a point described in Ordinance 56- 102and called the northeast corner of the property described in said Ordinance, also being the northwest corner of the property described in ordinance 2002-029; THENCE South 89° 49' 15"East, 3 94.07 feet to a point; THENCE South 55° 25' S4"East, 59.94 feet to a point; THENCE South 89° 37' 36" east, 659.22 feet to a point for a corner; THENCE South 00° OS' 23" East, 169$,40 feet to point for a corner; THENCE South 59° 03' 32" West, 143.14 feet to a point for a corner; THENCE South 00° 33' DO"East 16.57 feet to a point for a corner; THENCE South OD° 3 3' 00" East 992.15 feet to a point for a corner; THENCE North 89° 50' 43" west 792.69 feet to a point for a corner; THENCE South OD° 25' ZD" East, 452 feet to a point in the centerline of Jim Chrisal Road, also known as the southeast corner of the property described in Ordinance 2002- 209,saidpoint also being on the north line of property described in Ordinance 69-40 ~I~; THENCE easterly along the northern line of the property described in ordinance ~9~40 ~I} to a point described in Ordinance 82-52 as the southwest corner of said property; THENCE northerly along the west property line of the property described in ordinance 82y52 to the northwest corner of said property at which point the property intersects with the south property line described in ordinance 74-36, Tract THENCE following the south property Tine of the property described in ordinance 74-3 6, Tract ~ to the Point of Beginning. ~ ~ f ~ ~ ~ EXH [BST B ~ ~ c~ ~ I n ~ a r n ~ 1 1 1 ~ n j -1. 1f 'w~. 3 1 b JI M~ a 3 ~ ~ -~--.w~_ l i ~ } 5 t ~ ! q } S I i ~ _ • - • ' i ~ ..a 3 : •`r,~ ~ ~S V~ I7 ~i1~ ~ ~ ~`~r i ti ~ r ~t 1 / Ali 4. ~ ~ r, ~ i ~ ~ I ~ fr 1 ~ v f F~ ~ ~ ~ ' ~EE ' i f/ t F i f ~ .3 1 . : Ji Christ~~1 ~ ~ i ~ f I ~j ~ ..~J..-~...--~ r. 'ti E ~ i 1 ~ ~ Ir ~ I ~ ~ ~ ~ ~ ~ ~ 'i ~ \ I i i 'r 3 ~ FREESE Cat of Denton, Texas 1 <NICH~LS Y D F~ ~ - Z~~ Acres N E S ~~~t 0 400 800 x,600 2,400 I ~ er rec or ding return. to s:lour documentslmiscellaneousllOlannexatianslmark & linda tale non-annexation 1.~1 ac.doc Je~.1lfer Waltez's City Secretary 215 E, Mcl~.inney Denton, Tx 76201 CHAPTER 212 TExAS LOCAL GOVERNMENT CODE NON-ANNE~A.TION 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 Mark E. Cole and Linda J. Cole ~"Gwners"~, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being a called 1.21 acre tract of land, more or Tess, situated in the G. Barb Survey, Abstract No. 208, Denton County, Texas, and being part of a 19,109 acre tract of land, more or less, described in that certain Warranty Deed with Vendor's Lien dated January 5, 200,1 from Donald G. Cole Family Limited Partnership to Mark E, Cole and wife, Linda J. Cole, ftled for record on January 9, 2001 and recorded in Volume 4750, Page 737 of the Real Property Records of Denton County, Texas. Said 1.21 acre tract, more or less, is commonly known as DCAD Property ID 1 b1448. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch, 43; and WHEREAS, Gwners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; W13EREAS, Gwners and the City acknowledge that this Agreement between them is binding upon the City and the Gwners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WI~EREAS, 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; ~~1T 1 UL s;lour documentslmiscellaneous1101annexationslmark & linda cote non-annexation 1.21 ac.doc NOw, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ET1 Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Deve o~ment ,,,,,,,,,,,,Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five ~5~ acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex, Loc. Gov't Code section 212.172~b}. Section 3, Governin Re ulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the Land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the tune the Agreement is executed: ~l} 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 ~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, 200 Edition with Appendix G and local amendments; c. The international Fire Code, 200 Edition with local amendments; 2 s.laur documentslmiscelIaneausllQlannexationslmark & linda cafe nan-annexation 1.21 ac,dac d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Grdinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i, National Electric Cade, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k, Minimum housing and building standards, Denton Cade §~2$-383 - 43 7 and § § 17-141 210, as amended and as applicable; 1, Irrigation Standards, Denton Code §§28-441- 457; and m, Moving Buildings, Denton Code ~§288326 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 Cade, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, ~ and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, as contained in §35.16.1 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4, 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 daeumentslmiscellaneousll0lannexationslmark & linda tale nan-annexation 1,21 ac,doc permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application ar plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application, The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 1 SO-day period during which the Development Plan is in effect. Section 5, A regiment Deemed Void in Part volunt 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 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 43.452, or successor statute. Section b. Notice of Sale, Any person who sells or conveys any pardon of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, Tx 7201 Section 7. Recordd ng, This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section S. SeverabilitY. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full farce and effect, Section 9. Remedies. This Agreement maybe enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter, Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. 4 s;lour documcntslmiscelianeousll0lannexationslmark & linda colenon-annexation 1,21 ac,doc Section 10, Chan e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue far this Agreement shall be in Denton County, Texas, Section 12, Execution in Multiple. Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension, The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"}. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties, Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. . The Parties hereto have executed this agreement as of ~ , 2010. 0 e Mark E. e ~ s Li da J. Cole THE CITY OF DENTC}N, TExAS y~ City Manager, Deputy City Manager, or Designated Representative 5 s:lour dacumentslmiscellaneousll0lannexationslmark & linda cafe non-annexation 1,21 ac,dac THE STATE OF TEXAS } COUNTY OF DENTON } , This instrument was acknowled ed before me on the da of g y 2010, by Mark E. Cole, ~ ~ ~ y a~~ , b ~ N°t~ry public Sta#~ ~f T®~ -}r~ eQ~M~~a~o~ Notary Public, State of Texas ' aot~ { .~r .1 THE STATE OF TEXAS } w,~~ COUNTY OF DENTON } This instrument was acknowledged before me an the day of ~ , 2010, by Linda J. Cole, 1 ~ r a~~Y ~U~, C~ t~t~ ~ Notary Public, State of Texas Not~r1~ public S ~~tiss3t~~ ~x~~~ CoM~~ a. ~a~ s ~~r ~~4 3 1 THE STATE OF TEXAS } COUNTY OF DENTON } ' his rostrum t was ac owledge - efore m a~i~the~~~,~ day of ,20~~ by ,City Manager eputy City Manage (Designated Representative, n behalf of he City of Denton, Texas, ~ f~,,, N t ry Publl Late of Texas 4,~4,4~YFy~'~~ J~NNI~~~ K~ W~~1~~~ ~ NQt~ry ~uf~lic, t~4~ Af ~~x~s My Camrr~is~l~a ~xp~r~s APPROVED AS TG LEGAL FORM; ANNA BURGESS;-~CIT~Y--ATTORNEY BY=~ ,F 6 After recording return to ; s;lour documcntslmiscellaneousllDlannexationslmark & linda tole non-annexation 6.~7 ac.doc Jennifer wafters City S ecretary 215 E, Mc~inney Denton, T~ 7201 CHAPTER 212 TEAS LQCAL GGVERNMENT CODE N4N-ANNEXATI(]N AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and Mark E. Cale and Linda J. Cole ~"Uwners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" ar "Parties"; Being a called 6.07 acre tract of land, more or less, situated in the J.F. Meyers Survey, Abstract No. l X99, Denton County, Texas, and being part of a 19.109 acre tract of land, more or less, described in that certain warranty Deed with Vendor's Lien dated January 5, 2001 from Donald G. Cole Family Limited Partnership to Mark E, Cole and wife, Linda J. Cole, filed for record on January 9, 2001 and recorded in Volume 4750, Page 737 of the Real Property Records of Denton County, Texas. Said x.07 acre tract, more or less, is commonly known as DCAD Property ID 3G611. wHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex, Loc. Gov't Code ch. 43; and wHEREAS, Gwners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Gwners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised far ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and wHEREAS, GwNERS represent that it is their intention not to develop the Property during the term of this Agreement; and wHER.EAS, 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, f 72 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; ~~H~~r 1 ~ g ~eiu _ s;lour daeamentslmiscellaneausll0lannexatianslmark & linda colenon-annexation b.07 ac,doc NOw, THEREFGRE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status, The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, ~subj ect, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and 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, far the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Property in satisfaction of Tex, Loc. Gov't Code section 212.172~b}. Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~ 1 }Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan,1999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards ` incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, ~ solid waste, transportation, tree protection standards, and 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 works Construction, North Central Texas, 3rd Ed.199S ~NCTCGG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 2S and 29, and DDC Subchapter 24, adopting: a. International Building Cade, 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 dacumentslmisceIlaneaus1141annexatianslmark & Iinda case non-annexation b,07 ac,doc d. International Plumbing Code, 2006 Edition with local amendments; e, International Fuel Gas Code, 2006 Edition with local amendments; f, International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h, Internatianal Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code ~§25-383 437 and ~~17-141- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code ~§2SW441- 457; and m. Moving Buildings, Denton Code §§2$326 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and an~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 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 1 S0 calendar days thereafter, or until the effective date of the annexation and 3 I s:laur dacumentslmisceilaneous1101annexationslmark & Linda tole non-annexation b.07 ac.doc permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established ar in existence prior to the expiration of the 1$4~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 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 43.52, 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 22i N. Elm Street Denton, Tx 7621 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section S. Seyerabilit~, invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect, Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. 4 s:laur documentslmiscellaneous1101annexationslmark & linda colenon-annexation b,a7 ac.doc Section 10. Chan e in Law, No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11, Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12, Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension, The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"}, The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreement as of , 2010. D rs ark E, le r -Lin a J. Cole THE CITY ~F DENTIN, TExAS ~y: City Manag r, Deputy City Manager, or Designated Representative 5 s:laur documentslmisceilaneousll~lannexatianslmark ~Linda cote non-annexation 6.~7 ac,doc THE STATE OF TEXAS ~ } COUNTY ~F DENTON ~ . This instrument was acknowled ed before me on the d f g ay o ~ , ZO10, by Mark E. Cole, f o~*~ Lis CI THE A. C k * Notary Public State a#'~~~ W ICY CC1~tMIS81~N SXPiI~~` ~ Notary Public, State of Texas ` 5, THE STATE OF TEXAS ~ COUNTY OF DENTIN ~ This instrument was acknowled ed before me on the da of ~ + g Y 20l o, by Linda J. Cole, ~~*~Y-°~~{, C~R~ TINE A~ CSC ~ ~ Notary Pa~lic 5tats a# Teu ~r~ MY GQ~i4t4tIS510N ~XPIRS ~ ~ .,tQ ~4 ~ Notary Public, State of Texas THE STATE ~F TEXAS ~ COUNTY OF DENTON ~ his instru ~ent was a knowled d before - e....or.tte-.~.,-~~ da o y by ~ ~ Ma ag rCDeputy City Mana erlDesignated Representativ on behalf o the City of Denton, Texas, - ~~~3111iIr~E~ I A+~ CC A ~g ~ ~ y~~~ot~,RYA~~~Pr~ d~l'~iM~r~~ W~~TR~ Notary ~~blio St~~~ Qf ~'~~ca~ tart' P ~:'c, State of Texas My Camm~s~lan ~c~lr~~ r~~+ r 1 ~ I N`'~~ ~ i ~ D~CpfI1b~C ~ ~ APPROVED AS TD LEGAL FARM; ANITA BURGES S;~W CITY TTGRNEY . ~ f~, ,s BY: ~ After recording return to: s:lour dacumentslmiscellaneaus1101annexationslmark & lincla Bole non-annexation 11.829 ac.dac Jennifer Walters City S ecretary 215 E, Mcl~inney Denton, TX 76201 CI~APTER Z12 TEXAS LOCAL GOVERNMENT CURE 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 Mark E. Cole and Linda J. Cole ~"Owners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties"; Being a called 11,829 acre tract of land, more or less, situated in the J.F, Meyers Survey, Abstract No, 1699, Denton County, Texas, and being part of a 19.109 acre tract of land, more or less, described in that certain warranty Deed with Vendor's Lien dated January 5, 2001 from Donald G, Cole Family Limited Partnership to Mark E, Cole and wife, Linda J, Cole, filed for record on January 9, 2001 and recorded in Volume 4750, Page 737 of the Real Property Records of Denton County, Texas. Said 11, 829 acre tract, more or less, is commonly known as DCAD Property ID 36G05. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch, 43; and WHEREAS, Gwners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Gwners and their respective successors and assigns far 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; x~~~T 1 ~ i~ i s;lour doeumentslmiscellaneaus1101annexationslmark & Linda tale non-annexation 11.89 ac.dac 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 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 singleWfamily 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 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. Governin Re ulatians, 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 ~ } g g not limited to the RD-5 Zonin District re ulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public 'Works Construction, North Central Texas, 3rd Ed, 1998 ~NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting; a. International Building Code, 2006 Edition with local amendments; b, International Residential Code, 2406 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; 2 s:lour documentslmiscellaneousll~lannexationslmark & linda tole non-annexation 11,829 ac,doc d. International Plumbing Code, 2006 Edition with local amendments; e, International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments, j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code ~§28383 43 7 and § ~ 17-141-- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441-~ 457; and m. Moving Buildings, Denton Code §§28-326 - 375; ~4~ Sign regulations, as contained within Subchapter 1 S of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and onWsite operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6~ Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission 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 I~ 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 documentslmiscellaneous1101annexationslmark & linda cote non-annexation 11,829 ac.doc permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the 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. 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-, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances, Owners further agree that such annexation by the City shall be deemed voluntary, and not sub j ect to the requirements and procedures for an annexation plan, as 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 2Z1 N. Elm Street Denton, Tx 76201 Section 7. Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas, Section S, Severabili . invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law ar 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. 4 s:laur documentslmiscellaneausll0lannexationslma~k & linda calenon-annexation 1 I .$29 ac.doe Section 10. Change In L,aw. No subsequent change In the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4, Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple, , Copies, This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument, Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"}. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants, The covenants in Sections Z, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreement as of ~ , 2010. owners Mark E. Co 7 ' ~ nda J. C THE CITY ~F DENTIN, TEAS City Manager, Deputy City Manager, or Designated Representative 5 s:lour documentslmiscellaneausll0lannexationslmark & linda cote non-annexation 1 I,829 ac.doc THE STATE OF TEXAS ~ COUNTY OF DENTON ~ This instrument was acknowledged before me on the day of . ~ c.~~ , 2010, by Mark E, Cole. R k , Al ` r~~ ~ A 1 1 ~ ~ ~ f t+~~~s ~ ~ ~ ~ c y ~~r gy'p' ~n ~ Notary Public, State of Texas ~ i4ta,~f1 i, Ltl~,i - ` ~ ~ ' , ` ~'`~p,Y,~``°~~ CHAT TI THE STATE OF TEXAS ~ Nat~ry P~abIIC St~t~ 00 T~ - #Pa ~V CMIfO~ " ~ ~r t~ COUNTY OF DENTON ~ This instrument was acknowled ed before me on the da of g y s 2010, by Linda J. Cole. f o~'~" p~~~ CHpIYI A. DICE ~ ~ { ~ . ° Notary Public State nt Text ~ ~ ~ kAV Cp~MISSIQI~ pxPI~E$ , t~r~ ~a+~ ~ Notary Public, State of Texas THE STATE OF TEXAS ~ COUNTY OF DENTON ~ , _ - This instru ent was cknowled ed before ~ • e on the day o ,20 , by City Mana erlDe uty City Mana erlDesignated Representatz , on behalf of the City of Denton, Texas. A ~ V R,i~4,~~,~Y PU~~'~: JENl~I~~R K. WALT~RS No ry Publi , tote of Texas ~ , - Notary Public, Stata of Texas My Commission expires ~~,,;,,,.E~;,`~ Dece~tber ~9, 2U~~ APPROVED AS TO LEGAL FORM: ANITA BURGESS,-CITY-ATT. RNEY ~ } BY- ~ f_~..~.. -WA~~- 6 After recording retu~~. to s;lour documentslmiscellaneousllQlannexatianslmark & Linda tole non•annexation 8.0 ac.dac Jennifer Walters City Secretazy 215 E, Mc1~.in~~ey Denton, TX. 76201 CHAPTER 212 TEXAS LUCAL G[IVERNMENT CODE N4N~ANNEXATI4N 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 Mark E. Cole and Linda J. Cole ~"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 $.000 acres of land, more or less, situated in the J. Fe Myers Survey, Abstract No, 1699, Denton County, Texas, and being more fully described in that certain Cash warranty Deed dated April 18, 2000 from Donald G. Cole Family Limited Partnership to Mark E. Cole and wife, Linda J. Cole, filed for record on April 1 S, 2000 and recorded in Volume 4571, Page 1057 of the Real Property Records of Denton County, Texas. Said 5.000 acres, more or less, is commonly known as DC~4~ Property ID 225537. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex, Loc, Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Owners and the City acl~aowledge 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. Lac. 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; E~~~T 1  s;laur ~ocumentslmiscellaneausll0lannexationslmark & Iinda tole nan~annexatior~ 8,~ 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 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 subj ect to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212,172~b}. Section 3. Governing Re ulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed; ~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 ~R.D-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,199S ~NCTCaG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 2S and 29, and DDC Subchapter 24, adopting; a, International Buildin Code 2006 Edition ith lot 1 m g w a amend ents, 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 documentslmiscellaneousllQlannexationslmark & linda colenon-annexation 8,l} ac.doc 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 §~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 § §28326 375; ~4~ Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Grdinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources 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. 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 3 s:lour dacumentslmiscellaneous1141annexationslmark & Linda tale non-annexation 8.0 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 application, The Gwners 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 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. 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 Pro ert p Y 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. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Seyerability.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 farce and effect. Section 9. Remedies. This Agreement may be enforced by either Gwner or the City by any proceeding at law or inequity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Gwner 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:laur documentslmiscellaneaus1141annexationslmark & linda Bale nan-annexatian 8,4 ac,doc Section 11, Venue. Venue for this Agreement shall be in Denton County, Texas, Section 12, Execution in Multi~I 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 "Terra"~. 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 far the implementation of those sections, The Parties hereto have executed this agreement as of 2010, Owners ar E, Co G, ind .Cole THE CITY OF DENTON, TEXAS By; City Manager, Deputy City Manager, or Designated Representative 5 s,lour documentslmiscellaneousll0lannexationslmark & linda colenon-annexation ~,4 ac.doc THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the day of ~ , 2010, by Mark E, Cole. , ~o~'~"-~--°;~?rn CNRI~iTII~E A~ C ~ t. ~ Natary public State of Tee ~r MY CO~MISSIaM E~~~S , i ~ a, ~ Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This ins r t umcnt was ackn~wlcd~cd bcforc me on ~hc day of , 2Q 14, by Linda J, Cole. ~~~Y CNAI~T.l1~E A. d4Q a t, ~ Notary Pc,b11c State of T®x ~1, e MY G 3t~1~~~ Notary Public, State of Texas r , ~ THE STATE OF TEXAS } COUNTY OF DENTON } p . This inst ment wa ackn w ed before . e~~n the da o 20 b g y ~ ~ y City Manage eputy City Mana erlDesignated Represen ive, on behal of the City of Denton, Texas, ~ c 5 ~•~~4~~+~A~~r1,, JENN~~ER K, WAIT~~S N r Publi State of Texas Y 4 Natary i'ubiic, State of T~~caa Mny~yC~~el,oym,,~~i~jsaion ~xpirq~ ~~'f'~l 1111 1~~`,` iri7V~1i'I~~i ~ ~ APPROVED AS TO LEGAL FORM; ANITA BURGESS, CITY ATTO ~ EY ~:~µ:sBY:~ 6 After recording return to: Jennifer Walters City Sec~.•eta~•y 215 E, Mcl~.inney Denton, T~ 76201 CHAPTER Z12 TEAS L[]CAL GaVERNMENT C[~DE N4N~ANNEXATIGN AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex, Local Gov't Code by and between the City of Denton, Texas the "City"} and Brent J, Knipfer and spouse Shuan I~nipfer ~"Owners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to , as arty or Parties"; That property described in a warranty Deed with Vendor's Lien to Brent J. I~nipfer and spouse Shuan I~nipfer, which is recorded at instrument number 2001- 80002349 of the Real Property Records of Denton County, Texas, attached hereto as Exhibit A, and commonly known as Tax Parcel No. 216450, consisting of approximately 3.00 acres of land. WHEREAS, the City has given notice of its intent to institute annexation proceedings far the Property in accordance with Tex, Loc, Gov't Cade ch, 43; and WHEREAS, Owners desire that the Property ~•emain 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 cu~~•ently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex, Tax Cade chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Px•ope~•ty during the teen 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 pu~•suant to Tex, Loc, Gov't Code section 212,172 for purposes of retaining land in the municipality's ETJ in exchange for the prope~•ty 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 Pa~•ties 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; 1 ~ H~~~~ , V~~wmlm- Section 1. Continuation of ETJ Status, The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Propert~r for the term of this Agreement, as hereinafter deftned, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to the provisions of this Agreement, Section 2, Devela meat Plan, The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch~related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single~family dwelling may be located or constructed an a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc, Gov't Cade 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 far agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed; ~l}Zoning standards contained in the Denton Development Code ("DDC"}, as amended pursuant to The Denton Plan, 19992020, as amended, including but not limited to the ~RD~S} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree p~•atection 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 Standa~•d Speciftcations for Public wanks Construction, North Central Texas, 3rd Ed,99S ~NCTC4G Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 2$ and 29, and DDC Subchapter 24, adopting; a. International Building Code, 2DD6 Edition with local amendments; b. International Residential Code, 2D46 Edition with Appendix G and local amendments; c. The International Fire Code, 2DD6 Edition with local amendments; d. International Plumbing Code, 2DD6 Edition with local amendments; 2 e. International Fuel Gas Code, Zoo6 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g, Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, Zoos Edition with local amendments. National Electric Safety Code, Zo03 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28-3 83 437 and § § 17-14 ~ 210, as amended and as applicable; 1, Irrigation Standards, Denton Code §§25-441-- 457; and m, Moving Buildings, Denton Code §§28-326 - 375; ~4~ Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5~ Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 3D of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7~ Gas well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. 3 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 8fl 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 Gwners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application, The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 18U-day period during which the Development Plan is in effect, Section S. A reement Deemed Void in Part Volunta Annexation, ~A} 1f an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void, ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex, Loc. Gov't Code subchapter C~1, or other such other provisions governing voluntary annexation of 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 for an annexation plan, as required by Tex. Loc, Gov't Code section 43.452, or successor statute, Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser ar grantee, A copy of the notice shall be forwarded to the City at the following address; City of Denton, Texas ATTN; Director of Planning and Development 221 N. Elm Street Denton, T~ 76241 Section 7, Recordin ,This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect, 4 Section 9. Remedies, This Agreement may be enforced by either owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement, Section 1 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 1 1, venue. Venue far this Agreement shall be in Denton County, Texas. Section ~2. Execution in Multi le Co ies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension, The initial term of this Agreement shall be for a period of five ~S} years from the Effective Date the "Tema"}, The Effective Date of the Agreement shall be the date the Agreement is executed by the City, The Term maybe extended upon mutual agreement of the Parties, Section 14, Survival of Covenants, The cavenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections, The Parties hereto have executed this agreement as of ~ owners ~ THE CITY ~F DENTC~N, TEAS By, , City Manage ,Deputy City anager, or Designated Representative THE STATE 4F TEXAS } COUNTY 4F DENTUN ~ 5  1 This instrument was acknowled ed before me on the ~ da of ~ lr..~~-~ g y 20 by ~ _ ~ 4 , ~~Y 1~U iy Nota blic State of Texas THE STATE OF TEXAS } COUNTY CF DENTON } This i , sn~ument was owledged before me on the day of~~..~ ~ , 20 bye . _ 1~ + ~ ~ No#a~y ~'t,~~~ii~ ~ ~ ~ ~T~iT~ oi~ ~~~A~ _ _ - Notary ubli State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } Tlus instrument was ael~no dged befo me on ,the da of r - by ~ City anager poly City ManagerlDes~gnated epresentative, on behalf of the City of Denton, Texas. r ~ Notary Public, State of Texas • , ~ ' ~ My Commission Expires tary ub State of Texas +Iff''~ i°i Decernb~r 19, 2010 ' APPROVED AS TO LEOAL~~FO~R~~ ANNA BURGES-S CITY ATTORN N.~... .~r..~ r~, ` B~~~ ~ . ~ ~ , G: .i'~1:~~.,~ f Aid r~D, 8367 WA►RI~A~N~`Y D~~ V~~~~"~ ~►~FN O~~~M~~~r or~r~lot~ oT~V~ ~gRlal~~i ANq MICH~~ SGAI~N~ 1 ` orantor'~ I~~Cr~~ ~~fd~s~ ~~n~~udln~ ~pun~r~► I t ~~rEt~; BR~N~ 3~ KNZ~~~R and 5F4U9E ~tiU~N rCN~~~~R ©rent~~'~ ~latllnd Addne~t ~lnctudinD ~au~#y~; ~tQ~s ~QAN I~vM, a~~rn~, T~ ~~4T, q~I~T~iN C~~li+iT'1, ~a1td~~8~t1dn; ~'~N ANQ N~1~0~--~-~~9q.~p~O~I~,A~iB end athar ~aad ~trd v~(~ble aa~sid~r~tf0~, Aid a Note ~tev~n datethet fr' In ~e phnalpa! ernaunt af{ i9~d,8~tGD , erfd la +r~a~tad Dy ~~tc~, payehleta tha ardor of W~I~1~ FAaQG HGME MOR'~dA~~, lNt3„ Thy Netq i~ sevur~d by ~ Vendar+~ Wen r~tal~ad irr favar at` W~~,9 Afi~G4 IQQI~MEJ~MORTQ~AGI, II~C, I~ thia paad aid by d gaga of Tr~~t of evrtn d~k~ n4m Crant~ to Au01~Y ~ ~~~Y, Tl~klS~~E(Sy. ' s Af~~YN~~'uRTH~RCONBIp~I~A'I'fvfVAl~p ~EI.iV~AY bytf~aopAN~&~ hdrei~ otthatan~ar~#nN~aof~varr d~~ herew~h fn ~o G~~Inal ~rlndlpal aum et ~~d,~~~,OQ, ~eyehlcta the ardarot GI~AI~AN'IY ~I~~RAt, oANI~ t~~B,R„ dui ire aaoo~dan+~ wSthtt~etermeand atthelmer~ rotoea iA ae[d Not~pr~vld~i~ ~qIQ Nptabeing 4eaursd ~ythe Ven~r's Ller! it~raln r~l'ned and addf~0l~all~ 08dUf~ by ~ Gaed o! of Oren date h~raw3tt~ to MARK A CRAYII~oRD, 'T~~~T~~@~~ eaid Nate etid ICena eaourirrg payme~ being ~uBGRAIhU'C~ AND tN~~R1Ca t~ tha ~j~~,~D,40 ~ Nate Itrruin~bava daearibad and the Ilena a~Uring ite payment, P~~y ~tr~clydln~ any im~ravamat~~. ~v~ a, ~~ool~,, ~CI71~i`l~ AQ~lt'ICN, AN A~Di~'i~N CITY o~ A~li!'TGf~, ~~Iro>~ C~LfN'IY, T~xa~, ACCCI~~INO'Ci~'t'H~ 1xiA1"~HgR~OF R~CGRG~ IN ~A~If11~'I'`~, PAGE 4~ ~?F'rH~ ~L~4T R~CGRGB 4~ pgM'CN C~LIN`I`Y, T~NA~, s' Rearvetloar ~m and C~~tt~ge t~ Corl~ny~n~ and V~ramrrtty; = ~I~q~Nv~YAHq~i~~3CUT~D,q~IiVER~RA~lgAgC~l~'~geud,i~cTTo~~vAt~a»~1TA~81:D~~~t~~'V~~ RD6f~~►~K?J D~a 7~'CHl9 Cof~11r1~a !ANQ~ O~ d~tAHT~'& U8~ O~ ~iJ~tt~C1' Fi~~A~RZY MAIN"i'~i~IW~~'tlH~ t,l~~, ZCNIf~lG OIRDaNAND~~, t~~IT1tDl4'~Ic~'asB~B~M~N'r+d ~Na ~TAhfldtr I)' ANY,AHy~NpAtJ.UALiD trnWrY ~s~tt~s ~I~~~~a sv a~DlGA1'idr~ a~6D a~ f~L~r ar t~~ au~a~vra~aN IN w~ucli Ala r'~a~~~~r l~ LQC~I't"~D,f~aq~~q~ ~A~fV1~, R~9~RVAngN9~M1N~RALR~6~f ~VAT~ON~ANq L~RB'~&,R~BT~IGTid~19,RQV~NANTS, gONgtNQN$, IiIG1~lY~ D~ WAYlSA9al~~r~T~, I~ ANY, Af~~'~~i'iHQ H~RF~N q~9q~lb~q Ixi~OI~~R~'Y, C~tanta►, t'arth1e0r1ald~tatldn at~d sub~avttatt+araa~rva#Ionafrom~~ai aKaapptldne#a r~nvey~naQ~ndwarrarity, crania, aalia, and oanveya to Ctr~t~taQthe pro arty, togr with ail end ~in~uler ttir righia aid appurte~anct~ ~eNta aay wia4 ~l'art~in~, #a Dave end hall It to arentae, ~r~rrtea'e helm, ~~acutaro, edrnlniatmtvr~, ~uaae~eore, or ~ulg~a tarave~, oranlor her~aby 61~da ~3tarftot eed ©rentefe heirs, ~ceautara, edmfnlQtfnt4ra, and euaceeaar~ to warrant and rtatever detar~d ell and eingularthe property t~ C~rantaa arld ~ronten'e heir, auac~tars, adminlatratgre,;~cceeeare e~ oesf~na, e~~it~et every person whomaaever fdw~uHy claiming ar to olaim the agme at any pertthereaf, exeapt e~ to tlt~ raservatiana from end ~taeptlons to war~.nty. The vandor~a 11cn eguinet sad superior lllla to ti~g pro arty ara retelrlld u~tfl aaoh mate de~~rliud ~e tuliy paid acaardln~ to Ilq tarme, atwhlah ~ma tt~ia dad cfi~fl boaame a~aafute. Then ti+e canlc~t regUir~s, singular ttivurra altd pronnursa Inaluda the plural, fibs did Vendor's ~,len ertd ~ixp~tlor Tftla h~e~n r~talnod ai'd harab trene~ened, e~8l~ned, riald and r~nvd~eQ VY~L~.S FA~QD HaM~ M©i~TVAQ, iNC~, ih ~usao~ end aae~gna, the ~aye~ r~em+~ In Bald t~ata, wlthaut r~crae an o~ntor, ~'T~V~ BDRI~ER d C ~ $ Rid - . . . . ~ . • ~ ' Y GkIi4►W~A~QIi14~1~~ ~ 1 ~ J ..._Cr~LfH'CY GP ' ant waa aa~~dgb Mara mo a~ Iha~d~Y 4f ~y 4 k~ 1.1~A ~A~ H1N~5 f ~ ~fo~N Pub~Ep, ~t~ of Ted t~n~ry ~ ~ too av~ r ~ At~1~Rii~G~R~i1+~A~1Uit~1'0~ 4 ~A~~ J. ~lIF~~ ~ i A~~kfGMA~~I, ~t~Abl ~ t~~ E ~ d r r ,p~ i ~u P ~4 3p~ ;i t 4~ i 4 i ~ar~ p,~ ~ ~ti_. IYti R\'~ t 1 a~ ~ Q~~~ ~~i . , f 1 ~ r 4 i ; ~ ~1 ISS , f,; ~ ~ ~ l ' , . ;i w 7 E 1 1 E I i I 1 i ~wl~}~~~~~ ~;1~ ~'H~A Mt~CHk.i.i ~QUNrV CL~~K ~~A~~~~~~~p~~~ R~~~#p~ ~0~~ p~~ar~ ittg~ 7. ~~~IMg~~ : ane/Nun g ~pO~~R0234g a~c~ry~~ ~ w~ i ~Rp~~y ,..~r~~t~ After recording retu~~ to; Jennife~• Walters City Secretary 215 E. McKinney Denton, T~ 76201 CHAPTER 212 TEAS LOCAL GOVERNMENT CODE NON-ANNExA.TION 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 Edith Lindley ~"Owner"}, tl~e property owne~• of the hereina~er described property the "Property"} in Denton County, exas, sometimes ~n iv1 lta y or collectively referred to as "Panty" or "Pa~•ties"; Twa parcels of land totaling approximately 22,77 acres, described in the Denton County Appraisal District records as AOZOSA G, BARB, TR 5, 4.3 ACRES and A0514A S. HUIZAR, TR 27, 18,47 ACRES, OLD DCAD TR 4A, commonly refe~•red to in the Denton County Appraisal District records as Property IDs 36622 and 60825, ~ both located within the 29.982 acres of property described in a Quitclaim deed to H.M. Lindley and wife Edith Lindley, recorded at vol. 795 page 446 of the Deed Records of Denton County, Texas, but excludin 7,21 ac~•es described in the Denton County Appraisal District records as A0514a S. Huizar, Tr 27, Old Dcad Tr 4a, which is already located within the City limits, and is not a component of this Agreement, The noted Quitclaim deed and referenced appraisal district records are attached hereto as Exhibit A. WHEREAS, the City has initiated annexation proceedings for the Property in accordance with Tex. Loc, Gov't Code ch, 43; and WHEREAS, Owners desire that tla.e Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Owners and the City acl~~owledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Ag~•eement; WHEREAS, the Denton County Appraisal District records show that the Property cun.•ently is appraised for ad valorem tax purposes as land fo~• agriculture use pu~•suant to Tex, Tax Code chapter 23.C; 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 p~•operty 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 ~W~T 1 WHEREAS, this Ag~•eement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFGRE, in consideration of the mutual covenants contained herein, the Pa~•ties hereto agree as follows: Section 1. Continuation of ET1 Status. The City guarantees the continuation of the extrate~~ritorial status of the Property and agrees not to annex the Property far the term of this Agreement, as hereinafter defined, and any subsequent renewals as maybe ag~•eed upon by the Pa~•ties, subject, however, to the provisions of this Agreement. Section 2, Development Plan. The Uwners covenant and agree that use of the Property for 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 fal~n or ranch dwellings, provided that no single-family dwelling nay be located or constructed on a lot smaller than five ~5} acres, The property owner may apply to the City for division of the laird subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the pu~.•poses set fo~•th 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 212.17Z(b}. Section 3. Govel~ing Relations ~A} Tl~e following City regulations shall apply to any development of tl~e 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 purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawfi~l at the time tl~e Ag~•eement is executed; ~1} Zoning standards contained in the Denton Development Code, as amended pursuant to The Denton Plan, 1999-2020, as amended. For pui~oses of evaluati~ag any proposed development of the Property under these zoning standards, the regulations of the lowest intensity singleWfamily ~•esidential district ~RD-5} shall be used pref. Denton Development Code ~"DDC"} §35.16.8.G.};. ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including const~.~ction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved N~aster Plans of the City of Denton, Texas, and the North Central Texas Council of Gove~.~.~ents Standard Specifications for Public worl~s Construction, North Central Texas, 3rd Ed.1998 ~NCTCGG Manual}. 2 ~3} Denton building codes, as contained within Denton Cade Chapters 17, 2S and 29, and DDC Subchapter 24, adopting; a. lnten~ational Building Cade, 2006 Edition with local amendments; b. lnte~'national Residential Code, 2006 Edition with Appendix G and local amendments; c. The I~1te~~latianal Fire Code, 2006 Edition with local amendments; d. lntez~.~ational Plumbing Code, 2006 Edition with local amendments; e, international Fuel Gas Code, 2006 Edition with local amendments; f, International Mechanical Code, 2006 Edition with local amendments g. Cade of Ordinances Chapter 17, Denton Pxoperty Maintenance Code, as amended; h, international Energy Conservation Cade, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; l~. Minimum housing and building standards, Denton Code ~§28-353 437 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 witl~in Subchapter 15 of the DDC, as amended; ~S} Applicable water and wastewater co~uaection, construction and on-site operation requirements, cantained 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; and ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapte~• 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 3 the Texas Commission on Enviro~~nental 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 §35.1.19 and subchapter 22 of tl~e 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 Enviornmental Quality, as amended. ~B} If, pursuant to this Agreement or following termination of the Agreement, po~•tions of the Prope~•ty are annexed to the City, the Parties further covenant and agree that the use and development of such land tl~e~•eupon shall be subject to the regulations of the lowest intensity single~family residential district or agricultural district ~RD-5} and the subdivision regulations then in effect, In the event any portion of the Prope~•ty following annexation is rezoned consistent with the City's approved Comprehensive Plan, as may be amended fiona tinge to time, the use and development of such land shall be governed by the regulations of the zoning district to which the land is reclassified and the subdivision regulations in effect at the time of approval of such rezoning, Section 4. A reement Deemed Void in Part Voluntar Annexation. ~A} If an Uwner files any application for or otherwise commences development of any poz•tion of the Property inconsistent with the development plan provided in Section 2, sections 1 and 3 of this Agreement shall become null and void, except as herein expressly provided for, ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex, Loc. Gov't Code subchapte~• C~ 1, or other such other provisions governing voluntary annexation of land as may then exist. owners expressly and irrevocably consent to a~ulexation of the Property under such circumstances. The Gwners further agree that such an~~exation by tl~e City shall be deemed voluntary, and not subject to the requirements and px•ocedu~•es for an annexation plan, as required by Tex, Loc. Gov't Code section 43,052, or successor statute, ~C} Any development application that is submitted to the City for the Property duping tl~e term of this Agreement or during any extension, that is inconsiste~at with the development plan and governing regulations, shall be denied based upon such plan and governing regulations, which collectively shall constitute regulations in effect at the time such application is submitted. The owners expressly waive any vested rights that might otherwise arise under DDC X35.3.8, as amended, Tex. Loc, Gov't Code section 43.002, as amended or Tex, Loc. Gov't Code Chapter 245, as amended, ox• their successor ordinances or statutes, from the submittal of such inconsistent development application. The Gwners further agree that no use con~nenced or completed on the Property that is 4 inconsistent with the development plan shall be considered established or in existence prior to the date that the City annexes the Property pursuant to this section, Section 5, Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or colweyance, 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, Ella Street Denton, T~ 76201 Section 6, Recordin ,This Agl•eelnent is to 1"un with the Property and be recorded in the real property records, Denton County, Texas. Section 7, Seyerab~lit~r, Invalidation of any provision of this Agreement by judgment or court oldel• shall not invalidate any of the remaining provisions which shall remain in full fol•ce and effect, SeCtloll S. Remedies, This Agreement play be enforced by either Owner ol• the City by any proceeding at law or in equity, Failure to do so shall not be deemed a waiver to el~force the provisions of this Agreement thereafter, Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 9, Chan e in Law, No subsequent change in the law regarding an~~exation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4, Section 10 Venue, Venue for this Agreement shall be in Denton County, Texas, Sectloll 11, Execution 1n Multi le Co ies, This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 12. Teln1 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 maybe extended upon mutual agreement of the Parties, Section 13. Zonin Re ulations, Upon annexation, zoning for the Property shall initially be subject to the restrictions applying to the lowest intensity residential or agricultural district ~RDW5~, until an appropriate change in zoning is bade pursuant to Chapter 211, Tex. Local Govt. Code or successor statute, Owners hereby waive any and all vested rights claims that they may have under DDC §35,3.8, as amended, Section 43,002~a}~2}, as amended and Chapter 245 Texas Local Gaverlunent Code, as amended, 5 that would otherwise exist by vi~•tue of any actions Owners inay take between the te~~~~ination of this Ag~~eement and tl~e completion of anl~exation proceedings by the City, Unless the City declines to annex the land, the development plan and gove~~ning regulations shall apply to any proposed development application prior to completion of annexation proceedings and the adoption of permanent zoning regulations for the Prope~~ty, and the development plan and govei~ling regl.~lations shall be Dept in effect for such pu~`poses. Section 14, Survival of Covenants. The covenants in Sections 2, 4, and 13 shall survive ter~llination of this Agreement, together with any other provisions, as may be necessary for the implementatioza of thasesections, The Patties hereto have executed this a Bement as of ~ ~ gr ~ ~ ~ ~ C~ owner r~ ~ Edith Lindley THE CITY ~F DENTC~N, TEAS B . / City onager, Deputy ity Manager, or Designated Representative THE STATE ~F TEXAS ~ COUNTY ~F DENTIN ~ This instrument was acl~nowledged before me on the day of , 20 I , by Edith Lindley. ~ylill lJr s ~,.;F~y~y,'~,,, S1k~NA~i~ IY~dN C~k~MM~~S ~lotary p~bkic, State of Texas ~y Cnmmkssia~ kwxpires ..a 19, ~Q1~ ~~~~rf ni ~ ~ Feb~uatY Notary P blic, State of exa lllliill~ THE STATE ~F TEXAS } COUNTY ~F DENTON } This ~nstlunlent Was acl~naw dged bef •e me an the ~a~ f y~~a by ~ , 'City anager eputy City ManagerlDesignated e~resentati e, on behalf of the Ci of Den Texas, w a ¢1~i,~ .`~,~h~YP~~~r~ JCNNl~~R K. WAI~~RS ~ ~ Nntary Pi~~1ic, State o~ Texas My Commi~sicn expires ~~r~1FOFt~S nary P ~lc, Stake of Texas c~~t~er 1 ~O1 ~ APPROVED AS TD LEGAL F.~RM; AN~TA BURGESS;~~T~ ATTORNEY ~.M f.. y.~ ,_~..w~~ ,r f . . ,a _ . _N ~ ~ W~ BY~. ~ i it I r 1 . I.r.wwW/twiYW►.'~1~.+.. r.Li. Y . . . w .l r ~l r.. .~.~+w..r.• t e o•v: a a ~ . .1X111.."" Pxepared by the State Bar of Tsxa$ fox uee by Lawyers Only, 87'3--SM To safest the proper f orrri, /i!L {n b~nnk spac8a, etn~ke out dorm praviatons ~ er insert apeaiad terms ae~atihttea the praot~ae o/ law. No "standard ' /ot'm" oan meek a~~ requiremenGa, rr~~ r~ THE STATE 4F TEXAS p~'~D R~GQR~Sa KNO'V~ ALL MEN BY THESE PRESENTS sr CO'~NTY OF DENTON That ~ TCNY TCDORA ~.'c~~~~ of the County of.... Denton. ~ State of..... Te ~ for and 1.. ......•.•........r.l.../r.l r, . j ~a .l.fl.l.....ll.\/, 1.///,/./1X1.....1. r........, in consideration of the sum of. 1B ..~EN..AND,..NQ ~,1QW...rr.lXy.rrar.+llyIIF1..,.wXlyrlr~rrillX~ ..11~~ 1.. 1~. ~ 1 ............................../,.................II...,.DOLLARS in hand paid toy the grantee .IS hexein named, the receipt of which is ~ hereb aeknawled ed have UIT- ~ Y g ~ ~ CLAIMED, and-by these presents do QC]ITCLAYM ants ..H.tl.1~l..,.1/.11~A~1SlTT(~,~„r~~.'~IXll.r..~/~Ir.....,11 ...................1.. . ~ rED~TI~„LINDLEY~..r~ of the •./...../r.../lfln•.......••.•r..1.r.1.I.r.1..r .......................•..r,........•..,•...•n.r..l.1...1.n.. r....ll. r...l•. n.•.... a.•1. County uf.,.... Denton Ste hf...... Texas e4t my ~ •.r•/./.....n.r....l•...r...X /1..•1..//1. X..1........•..1..+ ~ V •..rl... r... Ai~ o~r•r.•...•sa. •.........ri~htj r~.~.~. title and interest in and to the following described real property situated inX.rl.....IIentan.•. .11111nn.rrrl.Caunty, ~ Texas, to-wit; All that certain tract or parcel of land situated in the S. Huizar ~ Survey, Abstract 514, and the G. H. Barb Survey, Abstract 208, Denton County, Texas, being part of a certain 210.7 acre tract deeded by Rogers to Marrs recorded in volume 229, page 990, and being the same 34-acre tract deeded by M. C. Shepard to H. M. Lindley an March 20, 1948, recorded in Vo~.ume 394, page 142, Deed Records of said County, and being more particularly de- scra.bed by metes and bounds as fo~.lows; BEG~NNTNG at a fence corner at the Southwest corner of said Marrs Tract; T~,ENCE North 3° l9' l0" East with said fence and the West line of said Marrs Tract across at 116.7 feet~the North boundary line of said Barb 1 ~ .Survey and the South boundary lane of said Huizar Surveyr a total distance of 811.65 feet to a'fence corner on the South xight~-of~way of U. S. Ha.ghway 384; r THENCE South 85° 25' 30" East w~,th said fence and said xa.ghtrofrway 1653.28 feet to a steel pin at a fence corner; ' ' THENCE South 3° 10' l0" West with said fence and recrossing the South boundary line of said Hua.zar Survey and the North boundary line of said r ~ i Barb Survey, a distance of 76$.32 feet to a steel pin at a fence corner; THENCE North 86° 55' 94" West along and near said fence 1653.73 feet to the place of beginning, containing in allr29.982 acres of land. ~ ~ 1 1 1 TO HAVE AND TO HOLn all of..•.mX,..r../......xight, title and interest in and to the above described property . , and premises,unta the said granteels., Iltheaxr...lheixs and assigns forever, sa ~ that neither ,.~lY..,.n.,...,•,.nor .~.Y.......//.n..,... heirs, legal xepr~entatives ar assigns shall have, claim 8r demand any xight Or title tQ the aforesaid propsxty; premises ox appuxtenances ox any part thexeaf. ~ EXECUTED this,........ y`l~■l ~ ./1.11.1 l...day a~l..f///..11.1..1..11,! X111./:/::~......•~..f•1•.... /...1 L•.. . V/ ~8. 1.,, wrr . 1 r f ~r~ ~ r w.+r ..r... ~ /.1.•.r•.. ~ 1 ' Tony T O"r`•Y .1....... ~ ..........1..,11..,. .,.I.....rl.,,....... . •`rA. , innr//u.r.1.11......1,llrn/n..l•/..Xl.../rllY..rlar/..nr.n.rrnn.r..r/.ranr•..lra.ln/rr ~ r ~ ..r....rn.•.r.r....r.r....an...n..........ni..,/1.1..a.n.....n.n.....r.nn.n/rr/1/.1 r.. ~ f . •1w ay.r.r.~r1n0~'Y~ ri`r'''11JC:'~+..'-+air.r-w 'I'^ ~ 1~'r 'li1 ~ ' ' fj`~(1 _ . s 1~ 1 ~ e~!~ X....11 r , ,~r • It7: ~ , t • ~ ~ ~ R • 1~ i ~ ~ r ~ r•. - ~ N y ~ ~ ~ , 1 ~ . k c ~Ackna~rledgment) THE STATE 4F T~RAS COUNTY OF DALLAS ~ I Before me, the vnderalgned autharity, ors this daq persnually appeared TINY TOA4RA r r.,. known t4 me to be the person,,,.,!„whasa name„rl,rl,t~:~,rtr.eubscribed to the i+oregoing instrument, and acknowledged to me that he,.,,, executed the same for the purposes and eongideratian therein expressed ~ ~ Given under my hand and Beal of attics are tbia the ' day ai , July ~ A, D.1~ 7~ , t~t`11 V J i I'~r~~~ 1 ` . ~ifi~rIfF/CL+l4Y};ttr ,~:rl,.r:Y.,;,~cltau!lnluu/tl,l,Ir,.r,llnnytr,l,,..,nnl.1 ~1`,~,,t Natary ~ubllc in and for Dallas r ~ Conr~ty, Texas 1 1 ~~lr , / 0'' ~ f ~ r + ~ + I l,y~ r . ' ! 1 ► ~ ~ 1 t~ ~ ~ r , ~ ,t' /'4 ~ ~ ti . a l , ! . , , • l;Ackt~owledgment) THE STAVE QF TE~A$ COUNTY Oi'` ~ ' Before me, the undersigned authority, oq this dap perso~►ally appeared known #o me to ba the Aersan.r,l,r„whose name.!„r!r ,,,t,/,rr,nubscribed to the foregoing inatrumet~t, an,d acknowledged to m4 that . t her„r, executed the same far the purpasex and fianaideratlan there[n ezpresgedt , p it Given ur~dor my hand and seal of office on this the • ~ day a! ~ A,, D, x9 , ' , , 5 Iilr,ilsl ,1 rltlr 1lI,1,/1,11.ryMrl,seer!!1,IlNlt11llt/lilllrlil,lll!!1l,/ry11,!,11,11/l.lgl++frlrtrll„rlll r, I ' Notary Pubilc ttt and for County, Texas! _ 4 ~ ; ~ t,~ ~ t - 4 . ~ ~ ~ + ! , 1 ~ Il . A ~ , W , ~ ~ ~ .A ~ ~ ~ ~ ~ o ~ F ' q N~ ~ ~ ~ ~ d ~ ,c~ ~G~~a~9 ~ H i>a p~ c ~ t ~ ~ ~ , ~ CO,C1.~~t~, w ~ ~ ~ . i ~ t . ~ ~ ~ ~v~~ ~~c~ ~ ~ ~ ' R, ,N 1tyA+Mr?•Y• ,.W1Nw• , .--r a.l,s.+•R+.+r^v .w..rw. w,.~'+► .sw xwwwr.wW ..r l••~~••««....~-M+~nw.rF~~~•" ' N. . .'N.l t1w'ik/1'vra -k J't 1. }t ►.!w ~ r , , 7 11 , + .i ~ ~ , ~ ~ , ~l ~ ~ , •~r ~ ~~r~lwlwilW~i.rerkr.~i,a,,a,;a.,~cr„K,,s„as,,A.rl~'W'''` ' A.D~ 19TH, at ; d0 ' ~ ~ F~~ Fd~ Q~ OF ~ GRD DAY QF A.p• ~~6~ ~ ~ pt1NfiY~ TSKAS. I r Y Q H IND. CGZlNTY CLE DENT , • QS~UTY~ • ~ BYs I ~ , !1 ~-w+~+rR.,-~~+y+.~' J^*'dl ~,w wit. {"."i •ti ~ r ~ ' w ~r t..li,~,.! ,rr.~ ~ t • , t ` • ~ , A#~er recording retu~T~ to: F s:lour documentslmiscelIaneous1101annexationsljames & freda Wetzel non-annexation agreement,~ac Jennzfel Walters City Secretary 215 E. McKinney Denton, Tx 7620 CI~APTER 212 TExAS LOCAL G[~VERNMENT CGDE NON~ANNEXATIaN 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 James W. and Freda J. Wetzel ~"owners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being a called 0,82 acre tract of land, situated in the G. Barb Survey, Abstract Na, 208 and,a called 1,57 acre tract of land, situated in the S. Huizar Survey, Abstract No. 514, and being that portion lying outside of the city limits of 5.111 acres, more or less, described in that certain Warranty Deed with Vendor's Lien dated August 15, 1973 from Maries Marie Hampton, Individually and as Independent Executrix of the Estate of ~akleigh Wade Hampton to James W. Wetzel and wife, Freda J. Wetzel, filed for record on August 17,1973 and recorded in Volume 683, Page 12~ of the Real Property Records of Denton County, Texas. Said 4.82 acre tract, more or Tess, and said 1.57 acre tract, mare or less, are commonly known as DC~4D Property ID 36635 and DCAD Property ID 60785, respectivery, 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 43.435 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 i~~~IT 1 ~ W s;lour dacumentslmisce~laneausl101annexationsljames & Freda Wetzel non-annexation agreement.doc WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NSW, TfIEREFQRF, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows, Section 1. Continuation of ET1 Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Develo,~ment Plan. The owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm~related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-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 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, 2S and 29, and DDC Subchapter 24, adopting; a. International Building Code, 2006 Edition with local amendments; 2 s:lour documentslmiscellaneousll~lannexationsljames & freda ~~etzel non-annexation agreement,doc b. International Residential Code, 2046 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; e. International Fuel Gas Code, 2446 Edition with local amendments; f. International Mechanical Code, 2406 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 §§25-353 437 and ~ § 17-141- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§25-441-~ 457; and m. Moving Buildings, Denton Code § §25-326 - 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Ut111t1eS Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission an Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. 3 s;lour documentslmisce~Ianeous11~1annexationsljames & freda ~vetzel non-annexation agreement,doc 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 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 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 S0-day period during which the Development Plan is in effect. Section 5. A reement Deemed Void in Part Volunta Annexation. ~A} If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon became null and void, ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex, Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances, owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex, Loc. Gov't Code section 43.052, 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. EIm Street Denton, Tx 76201 Section 7. Record_ ing. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas, Section 8. Severabl~li~. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in foil force and effect. Section 9, Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter, Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement, 4 s:lour documentslmiscellaneousll0lannexa#iansljames & Erects ~vetzel non-annexation agreement,dac Section l 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 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 agreement as of ~ , 2010, Owners !R r. - ter, V W es W. Wetzel i recta J, Wetzel i i THE CITY OF DENTON, T S By: City Manager, Deputy City Manager, or Designated Representative 5 s:lour dacumentslmiscellaneousll~lannexationsljames & freda wetze( nan-anne~cation agreement,doc THE STATE OF TEXAS } COUNTY OF DENTON } Th1S instrument was acknowledged before me on the day of 2010, by James w. wetzel. }o r pG~'n Cl~Af~Ti A. Q , ~ Natary Public State a# Text MY Cp~AMI~~IDN ~xPIR~B ~o~ ~ ~ Notary Public, State of Texas ~ THE STATE DF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the day of , 2010, by Freda Wetzel, ~r 17 ,w ~ ° Natary P bl9c State of Text .y ~ ~ ~ MY Cp~MIS$IOi~ EXPIAE~ I~~roh Notary Public, State of Texas THE STATE of TEXAS } COUNTY OF DENTON } This i trument was ac owled ed before ~ e.Mo~ ~the~~..."~~ ~ da o 20 b 4 ,City IDeputy Ci Mana erlDesi aced tY ~ Represent tine, on behalf of the City of Denton, Texas, ~~~~''~r aU~~~, " ; ~ Natary ~ubll~► ~t~t~ N ry Pubs ,State of Texas r h~ My ~~rrl~i~~lpn ~x~Ir~~~l~ '~i ~ ~ ~ ~ ~~ti APPROVED ,A~S~TO~•LEGAL F~ ANITA~.~B~RGESS, CITY ATTORN Y - 6