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2010-035
i s;lour documentslordinancesll0ldh-3 accenting non annexation agreements,doc ORDINANCE NO. ZD ~ D-D35 AN ORDINANCE PROVIDING FOR ACCEPTANCE OF ELIGIBLE NON-ANNEXATION AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEIVIENT 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-3 OF APPROXIMATELY 421 ACRES LOCATED ON THE SOUTH SIDE OF SPRING SIDE ROAD, NORTH, SOUTH AND WEST OF CORBIN ROAD, WEST OF I-35, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, pursuant to Section 43.061, Subchapter C-1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan, and the City desires to pursue annexation of DH-3, as hereinafter described; and WHEREAS, Section 43.035, Subchapter B, Local Government Code requires the City to make offers of non-annexation development agreements to the owners of all properties which have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland within the area to be annexed; and WHEREAS, under anon-annexation agreement between an eligible property owner and the City, the land subject to the agreement retains its extraterritorial status and the owners of such land must abide by the City's development regulations as if such land were within the City limits, as provided further in such agreement; and WHEREAS, the city has offered said non-annexation agreements for a five year term in light of the rapid growth of the Denton area, the need to assure orderly growth; and the inadequate land area currently within the Denton city limits; and WHEREAS, the owners of some eli ible ro 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 WHEREAS, the Denton City Council deems it to be in the best interests of the citizens of the City of Denton to enter into such non-annexation agreements with eligible property owners; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. dour dacumentslordinanees1101dh_3 accepting non annexation agreements.dac 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-3, is described in Exhibit "A", attached hereto and incorporated herein, and depicted in Exhibit "B," attached hereto and incorporated herein except that if there is conflict between the Exhibits, "A" shall control}. SECTION 3. Certain non-annexation agreements relating to eligible properties within that parcel identif ed as DH-3, as described and depicted in Exhibits A and B, which have been properly executed by the owners of those properties and which have legally sufllcient 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 ofnon-annexation agreements in the real property records of Denton County, Texas. SECTION 5. In the event the City Council does not annex that parcel identified as DH-3, the City Manager is authorized to rescind the City's action accepting sand non~annexation agreements within six months of the effective date of this Ordinance should any property owners sub j ect to the agreements so desire. SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional ar 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, i Passed b the Cit Council readin this 9th da of Februar ~o I o, Y Y g Y Y~ MARK U OU ,MAYOR ATTEST: JENNIFER wALTERS, CITY SECRETARY BY: APPR ED AS O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY t ~ Page 2 ExIiIBIT "A" Annexation Tract D~I3 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 b the . y Denton city l~m~t boundaries of record and established by the annexation ordinances as follows; ordinance 1969-40 Tracts ~ ~ Z~}, C}rdinance 1980-67, ordinance 198463, ordinance X001 ~45 and ordinance 2DO6~~05 North Tract}; and being more specificall Y described as follows; DH~3 BEGINNING at a point at the intersection of Underwood and Springside Road as defined in Ordinance 2046-205, North Tract; THENCE in a southerly direction, along the east right-of way of Underwood as mare completely described in Ordinance 2006-205, North Tract, to a point of intersection with the north line of the property described in Ordinance 2001-451; THENCE in a easterly and southeasterly direction, along the north line of the property described in Ordinance 2001-451 to a point of intersection with the westerly line of the property described in Ordinance 6940, Tract II; THENCE northeasterly along the westerly Iine of the property described in Ordinance 6940, Tract 1~ to a point of intersection with the southerly line of the property described in Ordinance 84-63; THENCE in a west and north direction along the south and west line of the property described in Ordinance $4-63 to a point of intersection with the property described in Ordinance 80-67; THENCE northerly along the west Iine of the property described in Ordinance SO-67 to a point of intersection with the property described in Ordinance 6940, Tract being the existing City Limit line; THENCE along the existing City Limit line as described by ordinance 69-40, Tract 1 to the Paint of Beginning, t~ EXHIBIT B ;1', I J•+ f 1 ~.........1-~ IL~ f Sri / ' i F.M. 1515 ' 1 I I ' I I :`i ' ~ t 1 ~ E ,j ~ ~ f 1 ~ ' • , r ~1h~~JpC1 _ t ~ ; ~ f ~ ~ , j m..~~.~wr' r _ ~ ~ i .......i i ~ j ~ 1' ~ f Ir ~ ~ ! 1 ~ I I i ~ r ~ ff ~1f I r c ; S rin side Road f r ' ~ '.j i t f {/1~] ' W 1`` ' I I' rL 4. / I f i 1 i ri f ~ I` 1 / (/Jf ~ ; , ~ ~ ~ ! f V ~ ~ ~ Co rb i r~ I _ ww ~ ,r j ~I f,. t ' r~ ~ j rrr' ~I ~ i r I ~ ~ 1 ~ 1 i r ' rr J r i 's ~ = I /i i~ r'"f ~ ~ i . ~ f ~ ..r I Ir r ' ~ / r fr rr ~.r rr' ~ ~•ti rr r ~ I ~h. ` l~ I` I 4. ~ j /I ~ If ~ r` l I 1 ~ I I ~ rf ~ 'w f ~ ( i f ~ ` ' ~ I` ; / ~ 1 0 ~ f~. ~ . I r ~ f r ~ ,f -----7. r rr r w,~~ ; r i f,. ~ ~w~ ~ ~ ~I ~ )lI I ~ T ~ r tier ~ I j~, j ~ ~ ~ ~ ~ ~E~ FREESE City of Denton, Texas '1 <N~CH4LS D H 3 ~ 436 Acres N Fee# a 4aa saa ~,~aa 2,~aa i ~ After recording return to : Jennifer Walters City Secretary 215 E. Mcl~inney Denton, TX 76201 CHAPTER 212 TEAS LUCAL GOVERNMENT C(]DE N4N-ANNE~.ATIGN 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 ~ h~ ~ a ~ a ~ ~ ~u "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". That ro ert described in a deed to ~a Chg~a~a~bo ~~rhich is recorded at ~ ~ Y „ , , . , vol. page ~ ~ ~ of the Deed Records of Denton County, Texas, and commonly known as Tax Parcel No. ,which is attached hereto as Exhibit A, consisting of approximately acres of land. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"~ for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land far agricultural or wildlife management use, 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 developnaent regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: ]~~1T 1 t 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 te~•rn. of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Develo ment Plan. The Uwners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary 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 subject to this Agreement into parcels, each of which is at least five ~5} acres in size, far the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212,172~b}. Section 3. Governing Re .inns. 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 warps Construction, North Central Texas, 3rd Ed, 1998 ~NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; 2 e. International Fuel Gas Code, 206 Edition with local amendments; f. International Mechanical Code, 2~~6 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h, International Energy Conservation Code, 20x6 Edition with regional amendments; i. National Electric Code, 205 Edition with local amendments. j.. National Electric Safety Cade, 203 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 _ 437 and §~17-141 21~, as amended and as applicable; 1. Irrigation Standards, Denton Code § §2$-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 Qrdinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 3 ~ 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 tl~e 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 Nell 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. 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 1 SO calendar days thereafter, or until the effective date of the annexation and. permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Gwners expressly waive any vested rights that might otherwise arise under local or state law, ar 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 18~Mday period during which the Development Plan is in effect. Section 5. A eeri~ent Deemed Void in Part Voluntar Annexation, ~A} ~f 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 sl~all 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. Gwners expressly and irrevocably consent to annexation of the Property under such circumstances. Gwners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures fob an annexation plan, as required by Tex. Loc. Gov't Code section 43.52, or successor statute. Section G. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 34 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the fallowing address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, T~ 7G2~ 1 Section 7. Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section S. Severability. havalidation 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. 4 Section 9, Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or inequity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan e~n~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 eve ~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 Owners ~ ~ ~ THE CITY OF DENTON, TEAS By; City Manag r, Deputy City Manager, or Designated Representative THE STATE OF TEAS ~ COUNTY OF DENTON ~ 5 ~ This instrument was acknowledged before me on the ~ ~ day of a ~ ~ ~ , Zo fib, by a ~a~v~l ~ ~ ~a~ ~~9~a~a ~*`'°Y P~ ~'~N~f~y ~i~ii~p tt~ ~f ~~~~s ~ ~ i~ ~~r~~i~~~i~~~ ~pi~~ Notar ublic State of Texas - _ . _ . THE STATE CF TEAS } COUNTY ~F DENTaN ~ This instrument was acl~nowledged before me on the day of , 20 , by Notary Public, State of Texas THE STATE CAF TEXAS ~ CQUNTY ~F DENTIN } This instrument was ackno 1 dged before eon the day, f ,ZO~~ by , Cit Manager eputy City ManagerDesignated epresentative, on behalf of the City of Denton, `Te~xa , ~~~~~AYPU~4 ~~~,'N~~~i~ i~~ +'~4t~'' ~r%'f~ WAI~'~~S r~ ~ Notary pt~bllc Mate at texas ~r;~~i ~ ~ '~w"~~ ~Y ~~~ril~~~~fQf1 expires ~ 0 ar Publ' State of Texas Y a APP~C~VED AS TD ~E~ALwFC~~ M AN~TA BU~:GES~S, CITY ATTO EY . ,r ~ N= f,: 6 r 1 4, ~ . ..~,,,r • .w« ` 1 4' ' Hµ42~p~~3334L~ MGIcb i' i. L l ~ rr.r~iil,ti;r~t' t?l~;El) ~rr•~rl~ r~~af~r~ l.iru) ~E~D I~ECpRU~ S ~3~IJ ~~a~ 1~ ~iL~ J AJ~• F~ r r hl~aW ALA, ~4iEN 13Y THF~SE P1tF~EtirTS c ~ . C~U~T~' U~' i~k~J(~ 4LH1'Q~' x~r~~r cuAU~r~Moc 1'lfi v~~,~,~sA~A, i 4a ~ ~ a5 00 thv County a~ t • , Starte of T~XdS , thoninafter' called Ctt~1~'r"Ulir uhrtl•,er one ar morn ` ~ ~Q ~ ~ 1 a~ ~~~.LA~~ ~ fat xrrd In ~aruidcratinn of tirr rum of i• ~ an other gai,d and valuable Considerations in hand lrriid and eccure~t la bt paid to GR~1~Ti0R ltereip, &y , ~~~~A~,I~~~P~~~,~s, . (hereinaftrr ctillyd C~A~'~'~;>;, whathrr one ar mare tiro r~it~ipl S,f ~'lrich i~ hercl~}~ nrknawird~r~! and tani'~~,rxt`il, . SUEiJ~CT ~4Y t1~ t~U DISC A5S1114ihG the unpaid balani:e owin on a,re ce . note in the nri anal rind al sum of $1p0, ~ main promrssory ~ p p 40A.4q dated April 24, 191, executed by Cuauhtemnt Yil~ Villasana, payable to A, L, Hand'1ey and wife, kub llandie a prav~dedy secured by a deed of trust of even date therewith to Millar 4avidye ~stlterein l~rustee, filed far rel:ord an lay 4~ 1941 and recorded in VQlul~le 613, pa a S96} Deed' . ' 9 ~ of Trust Petards of Denton county, Texas; additional ly secured by the vendors 1 iert r retained in a dead of even data therewith do the raker of said Hate recorded ' . ' 104, Page Aced Rucvrd5 of Denton County, Texas; to Volume . I And the further cansideratityn of the execution acrd delivery by the Grantee herein ` i Hate of even date hertewitit in the principal s~rrn of $186,400,04 payable to Grantor herein~• ~ E as therein provided bearin ~ interest as t~rereirl~specified, secured by a second and inferior vendorys lien retar"rted herein and add7tronally secured b a deed of tru even date herewith to C► C. Seal iZ, 1'ru$tee; Y st of It is understood and agreed that the said note for $18S,00p.4D above described is a "wraparounds' nnte and includes witi~in its principal balance khe indebtodness evidenced • ~ by said $lp4,UU0.U4 Hate first above deSC~'ibed, Anil Grantor herein agrees to use the proceeds received from Grantee herein as payments an said ~185,Q44.40 Hate to pay promptly the rnonthiy installments due an said $1AO,pflo,40 note as the become d y ut~, as ~ sched~rled therein, pr~~ur to delinquency, so that Grantee i~erein shall rtat~ be required i tv pa,yt said ~14p~Up4,00 mate except as therein set outr Grantee h~reift reserves the ~ see❑be`+lotwl~yy t~ ~+r~~ t~ leas GR~ti'rFril, ~U1,1? and ~a~~Y~~'~i~, rrnd l,y thcze pr'e~rcrilsE doerr G~~~~~`, S~r~l, ~.~1J C0~'Y r ~ F.y unto the hcrcrn. OeritQn ~ al~ovr nnmrrl G Ft,~;~`T F: all Thal rrrtairi lwnd, lying, r'iluatcd s,nd brink in thr Counly a! ~X~l~~ Statc of '~cxrszt rnrrre ~anirulrrly dr~ribcd n~ tallows, to~tirit: f ` See lxhibit "A" attached hereto and made a art hereof f r a purpt~se5 r P q 11 ~ right t4 pay fully and finally the entire bala~tire due 41t said ~lOQ,4p0,0A note at any time, l n the event arty indebtedness due and awinr~ an said $1 Q0,4g4, 00 note shall ~ become delinquent, Grantee herein sha11 have the right, but not the abligatiotr, to make monthly payments directly to the owner and balder of said S10U,4AO,a4 note, and apply such payr~ent5 made to the interest and unpaid prifitipal balance due on safii 5145,480,00 ' note, such ri~ilt to continue at any given time untfil all past due paymeftts owing to the holder cf said ~140,4p4,gp note shall have been paid and said $~00,40A,40 Hate 4 placed firs current conditton, remitting the bal~lnce of the r~ntltiy instalirnertts dire an said $14~,UOD.Oq Hate, ~ l+he warranty of t~lis deed is subjei;t to the foilawin ; 9 ~ 1 ~ lasement Pram M, 4. Powell acrd wife, Mr paNell, tq texas Power & light Gampany, dated August 1, 1944, recot~ded in Volume 28~ Pa a 442 Geed Retards df 4enton• Countyb ~exas~ r g r , 2~ Rights in and to water well located on sub,je~t property as reserrrcd by H► l,, i Handley and wife, Ruby H, ttandley, in warranty deed dated Ma 1 1941 f le 1941, and reGVrded fin Voilrme 1474, page X92, Deed Retards oFyDentan Count d~eaY 4, yf xas, Rights of the Pubs ic, the State, and the Municipalities in and to that orGi n ~t' subject property ~yirlg within the boundaries aF any publ i~ roadway, p o ~rantQr herein warrants that the property hereby conveyod ~onstltutes na part of his residence ar btrsines~ homestead, ~ Yp~~,~~;PC~~ ~I~~~ r ~ ~ ~ ~ r~_..~i... rrr•hrrrnr►r r►...,. nnnnnCL+G'tI hK~~►. ne►~'r~nQ~ 11,r1~ nnn~t►t~~ Dann nn~zK panP'i f]~d VVUIItyr UC+IV I VIu UU4- VVVVLVVV,L VQLCr V.71GLL1 1*7VG YVIr VVV 1 IVV 1 GL,Gr 1IVi+vv r .r.y~ r .+r x 4 r ~«.r. ...-..vim- w.w.. ~..--..r>-~v•r-..*...~r.. r h i E~ ' ! s I .I 4 ~~.~If 1 . ~i„f/ i 1 i r i ~H►r.ar+«,r,.;nmwy~,a~k~mNtrrr~rM~~risjrrlt-Mrsw~•ur~~rrEf-~+~tir~nns+~th~~~nrrh~tr~rltal:nrti+•M•Ir~rrr[e+t~,~~#rr~w~~~ri~~ i I' ~ ~ 'I'li lli,ti' h; r~ ~ II 'f tl 11 II I.1+ 11rr• ;,I~1,~•r +Ir•~rrills1~rl prrnitas•a, llrt;►~tlr~•r KilJl u1i rind kirtkuln r the ril;lllx ; , r~ti 11 .111 I1~~~~r lr :{IiC IrY (II l'r~•~f7 ttr AEI ~N•I~t, hCl ull . r r } ti 1, unlu Iktf xuisl lill.~►~'l l:l~, lrrr.~ill ~J~l` hcir~, yr ua,rt;ila furrrr~•r. ►ttr~l iilir~ ~~"I'Cll( IlsKa ha'rcl,y t+i+ltj • ~ ~ ~1~Sel ~i heirx, sr~xt:ruts,ra itnil ~~Jtntrrr++lr~ts,fs, l•►1~'.il►l~r~t1'I' ,tills 6't~lih:1'l:ll 11E:t~~:11> ~JI uml aint;ul~r llie bail lirclrtisr~ wile tiro ~uirl i;IIA~'t'l•~1•:, { ~MBI" I'rClrf rtnJ >tisai~na, i it;~su~t r~•rrp ptr~uir r+riu;tr~caCr•er. lav~iuq~~ cl~iaunl,~ yr to rl;iin► lhr ~an►e, ar trtt} p~r~ thcrcafr III"I' I~` Jti !•:;11'l.f:S51+1' AGIi~>•;II Atip STihl:(.,~T~11 tl,~i ih~ 1'c~nrlcir'x 1.irn i~ rtit~itl~il 1i~~rlinkt tll4 x4~~c r ~ ds•Srrrim( ~r,ll►rrt}-. Jfr~:llilsea ~nr! in►I}raii:rrretrls, until tltc~ aa~,ve drstifilxrl rratu ur natty, artsl a1L inlrrrsl ihrr~wtt, ti E'¢ i I (ull,}• prll+L acrurliltrl: l~ its I'nrc arrti trttvt', rlrcrL and riasltl+;; +,r lift: stole or r<alcx, 'whrn Ehix slc~►rl hail Irccatrlo al►salltla~ , ! ~ r ~ t;ll~~'1"~;r; I,>:r~in;i~+rr>rit•~ lk~c Jr~}•IUrnO +rr;,ll laac~ fc~r la r ~ ~?I ~t,LTkrit lJti~ lift S slay of , 1 ~eptsm~r , .A.i?,,1~ . ~ ~ . / ~ Cudunfemo~ 1'tm Vil ~as~Jta I • 7'li~: s~'AT~. ~`~:~;r~S IIi;E`UEtfi alt: ihs: un>lar~iixntd aul}+urii}•, ~ \r~ury 1 ul,lic in and ~'Ul;ti~k'; E,~~'. ~sl~~~$ i~rr utid Jaunty and si~tr, art prix day )~nrswnully u,i(,rurtd w~' : , `~~~a,uhtel~nc Tim Vtllasana, _ i A~,t<•n l~ ntr• In hr ~hs;~~c;sun titi~lts►xc nuntc f ~ :tub~cril+rd lv the farr~ain~ in~trumetrt, urtid arkna~~lyd~~d l4 mt` tJttrt ~1~ ~,~xc~s~rd the snmC tat ih>.~ purposr~ tsnd co ~idar~lipnr lhrrein cxrrr~rrrd, r ~ ~ ~ r I•~~' urldrr rind end u~~ of als~re ihix lrie ~ aa} ~r ~ptell~b~r , l~ r i~ ~ } ~ { ~ ~ +~I~t ~ ~5 Cnrlnl}•, Trxn~ ' ~'lll'~ S~'ATr► off' TI~:~LAS II1•:N`()Itl•; dlF:r the ttnrle iri{lArll ifuiharil}~, a tis,i~r}' l`ul~lic in and ~ 40G1~'1' ~Ir ~nr ~nJd Caunty hltsl 5irttC, nn ihix rlny Jtery~nnll}~ ttPlrrarril vri(r aE' ' • knnw~n llr nrs to Ilr the nrrxnn whatca non+t~ is xukr><rrihrd to ti►r jnre~~iitK J►►~trumeni, nrirl httvin~ brrn rz~rnrinrd Iri• ISIE? Irri~il~• gnd npari frs)nt hrr hu~4dud, unrl h.l~rin~ tl►e riun►r full}~ exlllnii►esl to her, ahe ti~~ staid rickn~wlcrl~;td ~►Ir~l inxlfnntenl ts+ lit hrr Acl and slcrtii, and rleclnrskl thin Khe hn+l u~iliin~!}• }iltrlcrl Ihr rtlrn4~ :nr thr }►ur~+rx ttnr! rMxidrr,~lial~ thrrein exprc~~l, Itnd that trltr did not wixh la rrirarl it, E~(1'1•.,w uncJs~r rn}~ hnttd Izfid ~exl olepf~cc, triin lhfi rlnp of , l~ \~l~r+ 4'ui,lfr, Cs~lrnl~•, 1'rxn~ 7'll}•: STA1'f; tll•''I'r:~,~ti IIF:F'lll{~~ 11},, lhr unsls•t~il;nrll nulhnrily, n \'s•Irrry 1'rtlllrr in t:il1',1'"lr1' l)~' ;t►irl frlr i~iisl t'nunl}' Hurl ~R~1rF still thtr sl;sy' IK•t~t►ISnll}' xl'Jtrantil krtn~i•n In lrtp (rs !+r llri+ Ilrr<I►rt tliill ~+IEir,•r llllr,rN tl:llrlt~ iv MU(+.rri11c11 l+1 Ih+~ ~tlrl•I'r~t~ll; Ifl~lrtm►1'lll ntl,l Irrl;nrrll•Ir*I{?ivl lil p4r iltut illy irllrtc 1ti:t!r flit nr't td ihsy mill i :r r+~tlua_rrj+rrl, ;thrl tIIrN h+• r•~~•rlil+•+I lli+• xau;+• ti. ll,~ ,5rf r+f ~rrrtt rut(►++rtrlinu ~,Ip llil• prrrlul~r•~ rt,ul r+,Ixxills•rrriintt llrl•rrin +•,p,~" r~(.,7n~1 in 41sn r;ll+,+tl} Iliririn ~1ri11~1, t;(1'l.~ ul,+b r rrry 6rrrid riu+I rr;sl rr! srlllrr ll,it slat~• saf t~ .ti++l~rrj' lhlhlsr+ I`rglltlFr'I'r~~x. .r- . . r....~.~... Inc~l~rn~l rtin..~ nnnn~ccc~ 1'1~~~• nolh~l~lOQ7 llnl~ nnn~~~r~ panc~ nn~~~ Paf1P_ ~ []~l~ %.+VUIIty~ VCIV I VIV LJVI.. uVUVLVVUG vuty. varLAs/ 1 4.0 v4, v vI~ ~~v w., ~y~.~ -u- H ~►...~...~~,...~..,.,,..a r! I ~~CHIBIf "A~ ~ All that certain tract ar parcel of land situated in the JCitC~IAH DAI.TON SII~Y~Y, Abstract Na, 353, in aentan G~unty, ~'exas, and being the $auth ~ part of a 150.9 alts tract described in a deed from R, Guy fry to H, ~,andley an dune z3, 1951, recorded in 1lalume 371, Page 47b, Deed Retards of gerrton County, ~CxaS, and tieing the same 7~,64D acre tract described in a deed dram i~, L. Handley and wife, to CuauhtemdC Yim Villasana an day 1, 1981, recorded in Valame 1074, Page ]'9z, Deed hecords of Denton County, Yexas, and being more fully described as follows; C4~L~;i~rCING at the 'Hest-Southwest corner of said J. oaltor~ Survey in the middle of ~ public road and the 5outltwest carnet of said 150.9 acre tract; ~t~Et~CE North 4 degrees 21 minutes 4~ seconds Cast t~ith the 1~est boundary line ~ of said ~altan Survey in said public road a distance of 329,30 feet to a ~ steel pir~ at the place of beginni~l9r which is also the horthwest carnet of a certain Galled} 2,x08 acre tract as described ire a deed from H, 1,,, Handley et ux to keen th k e , I~argan et crx an April 1980, recorded in Valu~ne 141 D, f Page GAS, Deed hecards of Der~tan County, Texas; ~ I + I YH~i~C~ f;vrth ~ degrees 27 minutes 44 seconds fast with t1~e Nest line of said 1 Qdltan Survey in and near said pUbl3c read a distance of 12~~,32 feet to a. ' i steel pin ~C,U feet Nest of d fence an the west line vi said public road; `fH~~ICu South Eg degrees 15 minutes SO Seconds fast crossing said rand a distance o~ 125.D feet to a steel pin at the Southeast canner of a strip of land described in a deed to ~'f, l'. Cale and recorded in ~lalume 24~, Page 572, ae~d Recarda ~i: oentnn County, Texas; ' ~H~~C~ ;Korth q degrees ~5 minutes l0 seconds fast with the fast line of said ~ ~ strip of land a distance of 344,0 feet to a steel pin at the SaUth~rest earner of a certain 3.0 acre tract; 1'N~~~C~ South 86 degrees 34 minutes 5Q seconds fast a~nng and near a fence part of the way a distance of 1~4g,0 feet to a fence carver and steel pin = ~ on the bast boundary line of said Dal tpn Survey and the West boundary l ins ' of the Sajvis Survey, Abstract 117; 1'H~~~C~ South 1 degree 16 minutes 22 $ecgrids ~~est with said fence pass the Southwest career of said 5a jvis Survey and the horthwest, canner of the Pritthett Survey, Abstract 1404, a distance of 183x.82 feet to a steel pin .at a fence carner~; 1 i fHfNCC ~tarth 89 degrees 47 minutes 34 seconds nest with laid fence 49Z,9~ ~ feet to a fence corr►er and steel pitly I_ 1'N~~~C~ north 88 d~greeS 09 minute$ 13 seconds Nest pass an inner ell corner s,f said ~altan Survey which is an inner Hor~theast corner 4f the 1, Dyerly Survey, ~~StraCt 1454, and continuing with sold survey liae a distance of 9G3,01 feet to a steel in at p the Southeast corner of the af'ere~nentioned ~.~4~ acre ~iat~gan traCt~ i 1'H~t~C~ ~ic~rti~ 1 de tee 13 minutes 40 seconds fast a distance of 204,0 feet to a steel pir~ at the ~ortheast Corner 4f S~ id x,408 dens t~`dCt' ~ ~ 1'HChIC~ north 70 degrees 45 minutes 20 seconds !Test a distance of 41fi,73 feet to the place of beginning; and contai~►~ng in all 7G.]68 acres of land, vo~,~~,~~pac ~ ~ ~ ~ ~ , _ „w .w....~..1 ~n..~~.r. t~Ch~Ynht h.,n. nnnn~acc~ h~+n~ nalool~QQ~ Vnl~ nnn~~~~ Qana~ nn~~~ Panp 3 of d Vuullty. LJL:IM I WIY VVL►r VVVV,(wVVV& VC4%Us Vd1A6A61 IdVLr V V16 vWV 1 1VV 1 uyv. WwAkdv%/ 1 ~ " . ~v ~ , , . ~ 1 1 ~ ~ ' ~ i ~ ! # ~ Sex~j `5e~1~~ p~~~~ ~b~~ s~ ssa~ppe ~u~l~~uu s,a~~u~,~~ I ' v~~ ~ w~ r x F ! ~ ~ ~ ~ ~ . cv , f, , _ 'I i ~~~~t se~a~ ; set ~ue7 ~~~~~0 so~~a~aq~~~~.~ey~ : o~ u.~n~a~ i r fy + ~y FKKF'' rFrF ~~ff~~ ~~~c~ak~~~~~ ~ Y ar ,1~~~iY J41~1~~' SAY 0~' A,a, ~ ~g~, ~t...~1~, ,T~x~s. a~P~'Y. !s ~ ~ County: ❑En~ran~ nnc: 000026662 I]ate: 09/2211982 Vol. 0001166 paae: 00235 page 4 0~ 4 After recording return tc~+ Jennifer wafters City Secretary 215 E. Mc~inney Denton, Tx 76201 CHAPTER 212 TExAS LOCAL GOVERNMENT CODE NON-ANNExATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex, Local Gov't Cade by and between the City of Denton, Texas the "City"} and . ~ "Owners" the ro ert owners of the hereinafter described ~ P p y property the `Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": s~~a~d ~~d , ~ That property described in a deed to a ~ which is recorded at vol,'~ GGp page ~ of the Deed Records of en on County, Texas, and commonly known as Tax Parcel No. ~ ,which is attached hereto as Exhibit A, consisting of approximately ~ acres of land, WHEREAS, the Lity has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23,C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex, Loc, Gov't Code section 43,035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex, Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ET1 in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement autl~orized 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~T 1 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 maybe agreed upon by the Parties, subject, however, to the provisions of this Agreement. . Section 2. Develo ment Plan. The Owners covenant and agree--that-~ rise off` she Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessary uses, and single-family detached faun or ran~cl~ dwellings, provided that no single-family dwelling maybe located or constricted on6~a l~t~ ~s~aller than five ~5} acres, The property owner ma a 1 to the Cit for division of the land subject to this Agreement i~~'o parcels, each y pp Y Y w~ of which is at least five ~5} ac~es~in si~~;.~ 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 fallowing City regulations shall apply to any development of floe 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, ~ 999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed.199S (NCTCCG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; d, International Plumbing Code, 2006 Edition with local amendments; 2 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, Dentan 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 Code ~ §28-3 S3 437 and § § 17-141 - 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28441- 457; and m. Moving Buildings, Dentan 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 Dentan 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 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 Dentan Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of tl~e 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. 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 1 Sa calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 1 SO-day period during which the Development Plan is in effect. Section 5. A Bement Deemed Void in Part Voluntar Annexation. ~A} If an Owner files any application or plan of development for or otherwise . commences development of 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 CM1, 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 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, T~ 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. Seyerability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. 4 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. Section 10. Change _ in__Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 1 1. Venue. Venue for this Agreement shall be in Denton County, Texas. Section ~ 2, Execution in Multi le Co ies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument, Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five ~5~ years from the Effective Date the "Term"}. The Effective Date of the Agreement shall be the date the Agreement is executed by the City, The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 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 a Bement as of ~ _ ~ ~ ~f ~ . owners THE CITY aF DENTQN, TE~A.S By: City M na r, Deputy City Manager, or Designated Representative TH.E STATE ~F TEXAS } COUNTY QF DENT4N ~ 5 ~ r This instrument was acknowledged before me on the day of , 20~~, by a p ~ KID t' - ~ ~ _ ~ ,alb ~ ~ r I~+ No any Public, State of Texas . THE STATE OF TE~A.S } COUNTY CF DENTIN } This instrument was acl~.owledged before me on the day of , 20 ~ , by ~P~Y ~ K~1S1~ A1~A ~ ~ * Nary ~~bl~~ Not r Public, State of Texas N~ STATE T My Gtimm, ~cp, G~1~~1~~~ ~ THE STATE ~F TEXAS } COUNTY aF DENTON } This instrument was acknow ged before eon the day ,20 by qty anage eputy City ManagerlD s~gnated epresentative, on behalf of the City of Denton, e s. R•~,~o~~~Y~U~~~a J~NNfFER K~ WAtT~RS M ; . ~ ~ Notary Public, State of Texas '~.`~9 ' F`',` MY Commission expires , D~cembe~ }.q, ~o~o ~ otary P lic, State of Texas 9 Y~ e,~m=may APPROV D~AS T~ LEGAL FO AN~T~A BURGES S, CITY ATTQ EY ..r-~. BY 6 WARRANTY DEED Date; January 31, 2001 Grantor; John H. Gandy and Dana P, Gandy Grantor's Mailing Address including county}; 330o S rin Side Road p g Denton, Denton County, Texas 76207 Grantee; John Scott Gandy and Kena R, Gandy Grantee's Mailing Address including county}: 514 Karolyn Round Rock, Williamson County, Texas 75664 Consideration; TEN DGLLARS and NGl 1 Q0 x$10.00} and other good and valuable consideration Property including any improvements}. All that certain lot, tract ar parcel of land situated in Denton County, Texas, more particularly described on the attached Exhibit "A," Reservations from and Exceptions to Conveyance and warranty; None Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Crantee's heirs, executors, administrators, successors, or assigns forever, Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty, when the context requires, singular nouns and pronouns include the plural. r JGHN ANDY i DANA P, CANDY yVARRA~~ITY DEED PAGE 1 STATE ~F TE~A.S ~ ~aUNTY aF ~ § SIGNED before me, the undersigned authority, by the said JUHN GANDY, personally known t me or identified to me by Texas Driver's License No. , ,on this the l day of , 200 ~ . r ~~~~~~U~ BIN RICHARDS ~ ~ NOTARY PUBLIC - ~ STATE OF TEXAS ~~a~~~ My Gomm. ~c~.1 ~-o0-001 Notary Public ~n and fox the State of Texas STATE ~F TEXAS ~ COUNTY OF ~ SIGNED before me, the undersigned authority, by the said DANA P. GANDY, personally known to me or id tified to me by Texas Driver's License No. , ,on this the day of , 200 ~ . ROBIN RICHARDS r ~ ~ NOTARY PUBLIC STATE OF TEXAS r ~~r~~~~~*~ ~ My Gomm, ~c~.11.os.~oo~ Notary Public in and for the State of Texas AFTER RECGRDrNG RETURN TU; Scott Gandy S 14 ~~arolyn Round Rock; TX 78664 WARRANTY DEED pA~~ EXHIBIT "~i'~~. ALL that certain lot, trnci, or parce# of land srtuate~ +n the 353 in the City of Denton Dent n J. OQLrCN SuRvEY, ABSTRACT ~~f~~~ER o County, Texas, and being n part of a called lp acre tr des,;rEhed +n Deed irom H.L, Hvndley and rrrfe, Rub Hondte t act of fond as recorded +n Volume 971, Pa e 51 f y y o John H. Gandy and wrf e, Ovna J. Gandy g 2 a the Qeed Records of Qenton Count ,Texas par~icu#orty descrrbed as follows: Y ,and being more BEGINNING at a 1/~'. capped Cron rod set at the inte~seCti road under npparen t Rub#~c use pasted as Underw on o f the 'East rrgh l -o f -tray fine o i on asphalt oad Road, and the South r~ghl-oi-,ray line of an asphalt road under apparent public use posted as Spr+n s+de Roa Gandy tract for the Northwest corner of th 9 d at the Northrest corner of sold e her ern descr~hed tract; THE,yCE South 88 degrees 46 minutes 41 seconds East Y,t h the South right of -Ypy tine of surd Springs+de Raad a distance ai 3G#,SQ feet Eo a I~/~" ca e + the here+n descr+bed tract; pp d ron rod set for the Northeast earner ai THENCE South QO d~greAS ~l m+nutes 52 seconds west. iron rod set for ~he southeast Corner of the here,n d a dz$tnnce of 30.30 feet to a 1/2' capped escrabed tract; THE~VC` North 98 degrees 45 mrnutes 4f seconds we t iron rod set ~n the East r1 ht-of-era l+ne of s , s a drstonc4 of 363.46 feel to a t/~" capped here+n described tract 9 y a d Vnder~rood Rood for the Southwest corner of t he THENCc. North 00 degrees 5l m+nutes ~l seconds fast rr+~ h the tast right of-xay line of sa+d Underwood Road a distance o f 35G.21 feet to the POINT ~ A land, mare or Less, 0 ~,~~+NN#NG, and enclasrng 3.Q0 acres of Thrs Survey sketch represents the results of an on-th - e ground survey made under my direction ar,d Supervrs~on on QI/25IQI. TherA are no vas+afe ar apparent intrusion r tr as Shown hereon. ► p o usrons or easements except PLOGD S TA T E~MElV T ; I 'gave exam+hed the ,w E;MA r !a 1 ~ { Communrfy Number 480714 ad nsurnno,. Rate ,4(ap ,or Penton County, Texas, ,effective date 4-2-97 and that mop +ndicafes thot thrs r Nan~Shaded ZONE X rrtUCh +s deigned ys rt~reos det~►rm~n p aperty ~s ►n shavrn on Panel x60 ~ ai sa+d mn ,and shorn ed t c be ours+de the 540- eor (food," as p cn Panel 355 ~ , eifect+ve date 3-3 y98. After recording return to: c:ldocnntents and settingsljedrakelloeai settingsltemporary Internet fleslcontent.autlooklirs9pk9Slhavenhill dh3-34 ~1 Jennlfel' V~alters annexation agreement,doc City Secretary 215 E. NIcl~inney CI~APTER 212 TE~.A►.S LaCAL GGVERNNIENT CnDE Denton, T~ 76241 N4N~ANNE~ATION AGREEMENT This Agreement is entered rota pursuant to Section 212.172 Tex, Local Gov't Code by and between the City of Denton, Texas the "City"} and Jessie H, Havenhill, Individually, and as Trustee of the Haverhill Fancily Exempt Trust ~"owner"}, regarding that ce~~tain real property hereinafter described in Denton County, Texas the "Property"}, The parties hereto are sometimes individually or collectively referred to as "Party" or "Parties": Being 51,367 acres of land, more or less, situated in the T.W. Daugherty Survey, Abstract No. 3 57, Denton County, Texas, and being more fully described in that Distribution Deed to Estate Beneficiary dated July 19, 2445 from Jessie H. Haverhill, Independent Executor of the Estate of Ralph C. Haverhill, Deceased to Jessie H, Haverhill, Trustee of the Haverhill Family Exempt Trust, filed for record on July 24, 2445 and recorded in Instrument Number 2445w8S434 of the Real Property Records of Denton County, Texas. Said 51.367 acres of land, more or less, is comrcarly mown as DCAD P~ope~^ty I~ 41547, wHEREAS, the City has given notice of its intent to institute annexation proceedings far the Property in accordance with Tex, Loc. Gov't Code ch, 43; and wHEREAS, Owner desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"~ for the term of this Agreement; WHEREAS, Owner and the City acknowledge that this Agreement between them is binding upon the City and the Gwner 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, ~wNER represents that it is his 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 43.435; and 1Y 1 . . c:ldocuments and settingsljedrakellocal settingsltemporary Internet fileslcontent,autlooklirs~pk951havenhill dh3-34 ~ 1547 non- annexation agreement,doc WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NGw, THEREFQRE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extrater~~itorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to the provisions of this Agreement, Section 2. Develo ment Plan, Owner covenants and agrees 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: ~ 1 }Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, 19~9~2020, as amended, including but not limited to the ~RD~S} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including 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; 2 c:ldocaments and settingsljedrakellocal settingsltemparary Internet fileslconten~.outlaokli~s9pk951havenl~ill dh3-3~ 4157 nan- annexatian agreement.dac b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g, Code of Ordinances Chapter 17, Denton Prope~~ty Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i, Natianal Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 _ 437 and ~§17-141 _ 210, as amended and as applicable; 1. Irrigation Standards, Denton Code ~§2$-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 Cade, 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 3 c:ldocuments and settingsljedrakellacal settingsltemparary Internet ~leslcontent,outlooklirs9pk~511~avenl~ill d1~3-34 ~15~7 nan- annexation agreement,dac ~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 Resou~4ces Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental duality, as amended, Section 4. Develo 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 184 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs, The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. Owner expressly waives any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application, Owner further agrees that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5, A reement Deemed Void in Part' Voluntar Annexation, ~A) If an 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 Ag~•eement shall thereupon become null and void. ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex, Loc, Gov't Cade subchapter C-1, or other such other provisions gove~•ning voluntary annexation of land as may then exist. Owner expressly and irrevocably consents to annexation of the Property under such circumstances. Owner further agrees that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43,052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee, A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76241 4 c.ldocuments and settingsljedra~Cellncal settingsltemparary Internet fileslcontent.outloaklirs9pk951havenhill 4113-3~ 4157 nan- annexatian agreement,dac Section 7. Recordin ,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 force and effect. Section 9. Remedies, This Agreement may be enforced by either owner or the City by any proceeding at law or inequity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement, Section 10. Change _~n 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 he~•eto have executed this agreement as of , 2010. Jessie H. Havenhill, individually and as Trustee of the flavenhill Family Exempt Trust, owner r } ~ ~ By. Jessie H. Havenh~ll I 5 c:ldocuments and settingsljedral~ellocal settingsltemporary Internet fileslcantent,autlaoklirs9pk9SV~avenhill d1~3-3~ 4157 non- annexation agreen~ent.doc THE CITY OF DENTON, TEAS By~ Czty Manage , Deputy City Manager, ar Designated Representative THE STATE OF TEAS } COUNTY OF DENTON ~ This instrument was acknowledged before me on the ~ da of .lama 2414 b Y rY~ ~ Y Bessie H, Haverhill, individually and as Trustee of the Haverhill Family Exempt Trust, ' - ~ ,1 ~ ~~x,. o any Public, State of Texas THE STATE OF TEAS ~ COUNTY OF DENTON ~ This instr ert was ck wedged before me on - - ~d~ay f.~a~ary 2414, by ~ c ' Manager eputy City Manager signated Representative, on behalf of tl~e City of Denton, era , ~`~,tp~YpU,~~~ JiPJNI~~R WA~~~~~ N ~ Notary Public, State of T e~~~ ,~yc My Commission Expire o~ a ry Pub~~ State of Texas r,~~~~ ~cember 19, ~ NJ~h APPROVED AS TO -LEGAL nF~~ ANITA BURGESS, CITY ATTO EY B 6 After recording retu~.1 to: Jennifer Walters City Secretary 215 E. Mcl~inney Denton, TX 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON~ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and William Clinton Lynch and Claudia P. Lynch ~"Owners"}, the property owners of the hereinafter described property the "Property"~ in Denton County, Texas, sometimes individually or collectively re erne to as "Party" or "Parties"; That property described in deeds to ~william Clinton Lynch and Claudia P. Lynch, which are recorded at vol. 2190, page 507 and vol, 2951, page 771, of the Deed Records of Denton County, Texas, and commonly l~nown as Tax Parcel Nos. 37037,162919, and 162917, which are attached hereto as Exhibit A, consisting of app~•oximately 6.51 acres of land, 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 tl~e 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 cux•rently 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 ente~• into an agreement pursuant to Tex, Lac, 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 Pa~.•ties are desi~•ous of entering into an agreement authorized under Tex, Loc. Gov't Code section 43.035; and WHEREAS, this Ag~•eement 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 ~ ~ ~~T Section 1. Continuation of ET1 Status, The City guarantees the continuation of the extraterl•itorial status of the Property and agrees not to annex the Property for the terns of this Agreement, as hereinafter defined, and any subsequent x•enewals as maybe agreed upon by the Parties, subject, however, to tl~e provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-~•elated uses and customary accessory uses, and single-family detached faun or ranch dwellings, provided that no single-family dwelling maybe located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Property in satisfaction of Tex, Loc. Gov't Code section 2I2,172~b}, Section 3, Goyer~~ing Re ulations, The following City regulations shall apply to any development of the Property, as maybe 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 pu~~oses and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~l} Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulatio~as, 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 protectiotl standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public worl~s Construction, North Central Texas, 3rd Ed.1998 ~NCTCUG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters I7, 28 and 29, and DDC Subchapter 24, adopting: a. Inte~•national Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; 2 e, Inte~•national 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 Cade, 2003 Edition, with regional amendments; k, Minimum housing and building standards, Denton Code § §283 83 - 437 and § § 17141 - 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28441-- 457; and m, Moving Buildings, Denton Code §~28-326 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewatex• 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 Con~nissian 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. 3 Section 4. Develo went Plan to Remain in Effect, pooloowing termination of this Agreement for any reason, tl~e 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 pe~.•iad 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 o~• completed on the Property that is inconsistent with the development plan shall be considered established o~• in existence prior to the expiration of the 1 SO-day period during which the Development Plan is in effect, Section 5. Agreement Deemed Void in Part; Voluntary Annexation, ~A} If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall the~•eupon become null and void. ~B} Thereafter tl~e City may initiate al~nexatian 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 an~~exation of the Property under such circumstances. Owners fu~•ther agree that such an~lexation 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, prioz• to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address; City of Denton, Texas ATTN; Director of Planning and Development 221 N, Elm Street Denton, Tx 76201 Section 7. 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 Ag~•eement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect, 4 Section g, 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. Section 10. Change in Law, No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue 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, Te~•m 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 Pa~•ties, Section 14, Survival of Covenants. The covenants in Sections 2, and 4 shall sul•vive 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 i L 1. William Clinton Lynch i Claudia P. Lynch THE CITY OF DENTON, TEXAS By. City Mana er, Deputy City Manager, or Designated Representative 5 THE STATE OF TEXAS } COUNTY OF DENT4N } This instrument was acl~nowled ed before me on the g day of ~ 201 Q, by William Clinton Lynda. ,,,,~~~~l,, ~ a`; pi~'~r, STti:P~lANII: IYI~N Cl1MM0 . Notary Public, State of Texas My Comm~ssian Expires ~ C r~n4 q ~rrifff~F~1,`~ fe~~~~~y ~91 L{JiJ rr,~,~~ Notary P bloc, State of Texas THE STATE OF TEXAS } COUNTY ~F DENTON } This instrument was acknowled e bef g d ore nae on the day off' , 2010, by Claudia P, Lynch. k. ~ N1E GY~~ C~~MMpNS ,~,`"r'r''''4 S~~l'~~ St~tB al ~BY~S Q~ ~ G pins My GQa,msssia ~ 3 ~~uaiY ~0 .`f~f' f ~ ~ y State of Texas ~J P"` e Notar b~l.C THE STATE 4F TEXAS } COUNTY OF DENTIN } This instrument was acl~now ed before ~ on the day_ of ,20 by , ~~~..C1 ~yN.~aiaager eputy City ManagerlDesignated ~ resentative, on behalf of the City of Deny , ~~yy ~~rr i _ QO. 1 4,`o~A1`~t/r~~! f+. J~NNIF~R K. ' , ,d~ ~Y A ~i WA~T~RS ~ ~ ~y~`' Natary !`'ubNc, State of Texas „ ,~~y My Gammi~~ian x~ires tart' P lic, State of Texas r APPRGVED . , ANIT~~~URGESS, CITY AT RNEY . r , . ~w,_.,~~. ,,,~.w.M--• ..,.a•' .r 1 6 ~ W ~~~?4T'Y~~ff~~p f~Tl1~1 $IKJNi?D~ ~ 6tIW ~~Tlklp~® ~Y E Rottto 1, fox ~fiS4A Hent:en, TX 7b~0$ ~ ~P ~fiY RE~4~aS ~ ~OUN'~~ ~fi DPp'i~OH ~~W ALL MEi~ THESE PkESEN~s ~ ~ That ~fillwaad/I~cCute#t~n, Gtd., a Texas li~.t~d ~~rt~~l~shfp, 1~~77 Merit grivei Suite ~ 1~flD, Dallas, ?~xas, 7~~.~I, ~liereu~after called `'G~ntar," tvtictber ane ar more, mascutiny, temininc or ntuter~ far and an crortsidytapan of the sur~t of TFN std na/l~ Dtr1LL~~S and othtr artd valuably consideration, the rs:cciQt ~d a~leyquacy of ~vhicli is hcteby ackna~vledged and the furthGc ~onsiderattan of the exeeutiart and delivery by . wi~I~iam ~l.int;An [~yncl~ and t~it"e, ~lattdia P, Lyttch, R~~t~ Dax 3t}5~A Denton Texas r (l~ercinaiter ailed "G~ntee~' whether ot~e or mart, maseu~in~, ft~nininc or neuters of any ~t#ain aotc of oven data h~rawith in the principal sum of ~ ~I,~~OkO~ ,payable to the girder of Grarttar as 16cryin provided, ~u#~irh nett is scct~red ay ~ superior vy~tdttr's ficn retained >~ereirt far tine i~enef t ni the itolcler($} thcrea€ and is addltianaily secured by a dyed flf trust of even date h~t'~wit~ to i lion Mite tr~sstcc~s~, upon tho Iiroptrty conveyed hereby, have Granted, aald and Conveyed, and by thrsc ~resent~ do ~rartt, Sc1l acid ~u~ryy, unto thr Said ~rant~ afl tl~t tyt~in real property lacstecl in D~rtt:an Cauitty, Texas and drscribed as fnllaw~: ~~xNG ~.1~Z a~crns of land, morn ar leas, si.t:t~atred in the Dyerly Survey, ~hstract Humber lyCSEi, end the Aalt:an Survey, AbstraGtf Number ~S3i ~entan County, T~xaa, and bc►in~ mare partzeularzy dost~rihact on Pxititrit. „fit'' attached itereto and mado a i~nrt hereof fox alI purpasesq ~t~hject to the easetuents artd other encumbrartcea set foxCir sit ~Khi.b~.t "D" attached hereto and taade a part it~rcaf fur all purpnsea, G~fi~!`i`~R ~ONV~YS AH(l TR~Ii~S~IaRS Tilly ~RO€'~RTY T~ GRAI~~`~~ "AS I5, WNI:~~ ~S, Ai~D '~ZTIi i~I•~ E~[I~Ta", AND ~RANTtiR MMES NAT ~AIZR(II~T 0~ Mtti'g~ A~IY kl~i#ftPS~N~'~`~~~N, l~~Cl~HI:S~~D iMPLI~D, ~S 'pD T€l~ M~RCIiAIITt~BII~xTY, QiIANTITY, C4i~1tlTlU~ly SE~~T,~~i,ITY ~If P'lT~1FSS I~R A~lY PDRPt~S~ 'I~ATSOPVI+R 'I'~ PIi~Pl~1~TY AND SNAt~i~ ICE llRD~R I#D ODC,IGt~TI~H wll~T~~E~~ T~ ~~la~~~~~ A~~ ~~>:~~z>~s, ~~~1~~'~~o~~ o w~~~ R~~P~r ~ ~K~ ~o~~~~H or T~~~ ~IZOl3l~~T~, ~~>c~~~~~~ 'i'll~T ` GRANTEE IIAS liAD S~"Ir~~~~NT o~'P~I~TIINzTY To YNSI'~ AND lI~VTI~ATE Tll~ PROPERTY • T~ ENABIaL~ GRANTEE I~iKE GItAH~`EE'S ~~7+C ~L~RMXNA'1'lDH RPE~ T(l TIIIa 1't~R~HA€ITAD~~I~Y, ~lfAl~l'xTY, ~UAILITY, ~4tiDlTI~N, SH~TAH~I~~'I~ ~>~a ~~'~i:~S ~N hN~ PtIRI~SI TIIC PRCFERTY, INCL#~DING, ~'ITtf4l~ I~~MITAT~ON, lTS ~~LIAIICE WlTlt APPLI~A~I~: ENV~NOI~IE~ITAG I~A1~S, t } k ~~i~~t~~gW ~~l~~i~V~PI ~~~~~R~~I~Y~f ~~1+~ ~~WI ~M~I~F~~~~~(,~~~Or1~~~A~~~~~M'►~l~~i~lf~[~~~~A~~~~~ ~~~~~~~1~~~~t~r~~~~~~~~~~~~~~~~~l~~~I~~~~~~~~~►t~~~~w~~~i~d~~~~1~~1~~~ TO HIVE Al~~ T(? H~I~D the abovy dtscribed prcmi$es, to~cther with all and singular the rights and appurt~na~tces thereto in anywise belongit3g ttr►to the said Grantcy, 1~is, ltsr ax its successara, heirs attd a~slgns, . as tlae p~ may tare~rcr; and ~~tor does hereby bit~cl Cratttar and Grantor's successors, heirs, cx~tttors ar~d adminis#ratars, as the use may l~, fa Warrant and Fntever Defend all anal si~~gular thy said premises tmto the said grantee anci ~~ntee'a successors, lairs attid as~l~ts, as Ihy tale may l~, against rvery person wlru~~n~vtr ia~~ft~ily claiming, or to tJaittt the rime, or arty part thertof~ byr tltrca~t or tmcfear ~ uu~i~d by tit otl~r~~ dot it is ~xpressty aryed ~d stipulated that tha aforesaid Vyndor"s Lien is xetaaaed against the abaxe da scn>~cd prapee#y, prcmisea and imprav~mtnts u~ftil tha abovC ~lescri~d hale attd all ~ttyrrst thereon ~ paid aaurding to its fay and tenor, e~e~ ~d r~xding, when this d~ shall became ab~ilcttc, Crsntee Itereln auumc tha pxymcnt of twee: [at tho curryrtt yoar, ef~trc~ve ExectttW1thia day a~ ~y 91. - ill~~,[~~~1~iC ~i~TCNI~ ~ ~T~, .•~I•,~,•f 1r r1.11~,1••~s.nrllst.fyit~•.i~tU.~..t..r~1.~~.1~IM I~rLill~llh ~/~/•e ~~~•111 u3H~N ~•<.IlI t.IIIA4..~~.1•.~~.A,,......r.,......r.,.~....a..tA••IIH•M•~•••,.w.l/....a~..~♦i}.M~.N ~Y t ll~l~l,~ ~ I~I}D~HG ~R R 4~ t ~ 1.........1..r•r,.....I...,.~•>~,.f1.11~~1H•NeTlaf~l ~l.~i{WM~l~Ii~M1Y.liMi•MP4iWlM~{W NtF.~llfll.l.~.~ fry .l.q i • f . Ma M µN1~~WWll~i ti 4 - ~reaident; r. r F 1 I UN. uvC:.UUUUZ3744~U51ZU« 991. VIP: Z9Ul 771 Page 1 of 5 _ . - . . _ . - ~ - . , , , , 1.. , -w.. ~r,. ~ _ W ..._.r..,....._,.,~ _.....~,,...r..,.,,.~._..... Lrj1 `r I~l.. •i .~~KY••~ DF' ....._.....r i~ and for;~id tac►dnlYr T~xgs, cn this dty pe~onalil apPeued _.....,_i.,.,,~..,~........lri~.I...,w....~t..,.~.......~wA~~...,~41..,.. .....,...r...p ryrrrurli,• I..i..uA••IA I/r, 1.,lff l/A.>r.. r, 1,. • .1 li . r...rr, rlrrr r,,,A •••rrr. rr ,4rir4r, r4ur4H 1411 u1r1,4wM,.tpr,4pq~4.,,a., r.e,Arl r.,.nq.„HU•ra,rt,rrl,y.. •rHrl •r. Ar,K•/x41.41_tl ~ • rrnrn...._..... ~ r-. ,r , - ....r ,1, r.......,..«..-.,,....... r, ....lrrr-. 1...14 1.. v..v - ...r r. r ~o~ !a ma ~ b~ ~e ~ravn r r...w~o$e ntma .r...,........ tv~~c:3b~ to the #aragain~ Ir~#,~um~l, ~ ~kno~ried~+ed ma t~~ . , h11,ll.l,i axtsuted the ~mG for tea ~nrpan~s and Corr~ideratian thRtein eap~r#~d. ~YYEN UND~it ~Y ~iANII AND S~Af, fit;' QFi!fCE, ThEa . , ......day a!. ,............,A...a....4,......4~ A.D. i9.....~. t~~. f 4.....~..._..._.__.........._...~._.n._.....,~......................... Notary ~~lic, ...,1,,,,,,..i r...,,.,,.r.,,,_,..,.,, r,..,.,1.Ml,.~anty. Tex qty ~ommiasiar~ ~:xpir~s A►G~d~~L~DGI~EC~'~ ~ ~'r~TE 0~` the undrrai~m~d ~gthorityf in ar~d for said ~Oanty,'['exar, this dap person$lly eppcated .....4_,..~.~.~...^~..,.n,......,......n...,......_.......,..~ r,+lru lr,r.r.• •r..,r, .rrr •,rl. . /..a.., r.. r...l- fu,r1/T-•rA-f'1./~1•Hf.h ••r•r1/,••a..... ,...r..n. ...4 5~ _ _ • .i._ r~r r.. .r-•r• ~ .-••1... ..•r-.• Hv.l.-+• . H,Irlll, l••f lll,l,r r. fr..... • ..rr•. r4„ 1 Ir,r lurlr ~ itrtG~"n td ~1io ~ ~ the ~E[~orf., . Whop riarrte .411,,,., .,.1 eub~rib~ to tfi~e farcgain$ in~trumtnt f A]1d Rckna~rledged ~ mQ that .he executers the aante far tha purpase~ nt~d conaideratian fhetein expn~eed, ~ 6 GIYEN t~ND~R bsY HAND ANU S~AI► Ol~ UFFiC~,'Fhis.. day v# , ,.r,...rr.4......1, A.D.19..il,lf,r., ~ ~f,.S.~ ~ .....................................1,.........,..,.,_...1., ,..r,..«4~ I Notary l~~iiC, , „ . , -__..~aagtp~ Te~s►at hiy Cnmmi~aion Expire ,,.~~...~..~f~.,...,..~.,.,........4,.,,......._.~. ~ AtJ,~.N~'~I~EdCM~N'~ BE~RE b~E, the urtd~rai~ned ~uthor~ty, ~OU~iTY DF . , A.,,rf,l „ in and fur said Coanty, Texas, ort thix day pcreor~aliy appeared .....r .................................4414..1...,«4.1_.4y4414A4,1,.....,.u., 4 rlf, .1 1 ...1-..r . .n..... _,.,.,.~r H•lh,... r,.,....., . .~.......r ,........rr.f ~ i ktronry t~ me to be ~e person wha~e name evb~cri~ tv the #vregain~- ir~strumetst~ and acknotirlrrtged 1a me that he,... exe~te~ the Mme Cor the parpoaee and can~idr:ratintt tler~ir~ expre~s~i4 ~sVEN I1NL~Nst btY HANi~ AND► S~;A~ D~' OFFi~E, ~'hi~ . day of- --~,.,•rf..n-rrf•ll,~-.. ,..t l~.D« tE~......r,~. • €il~u.~ .-r.rr r,,.rr..r.ir,«4/. r4,wr.r.rrrr.r p,4,4,1.e»•-.., • 1„r•r,i. ri,.-r l,r,.MhrirH e Naiary~{P~.ub~laic, yF,~_.r..{rp.,.~~.y.. . . ....I ....S:outt~, TeR~ .'Ir ~~illl lllO7~a~ {IF~IIi2A 4••auur.u....w.,.r.rrr..ti,rHi H•HII••{u l..e.......~,p ~~y ~ ~ T~~A ~Q~~~RAf~'~~N ,A~i{N~~~GGD~~EN~` ~ ~ ~I;FnR~ l~[~, the tu,~trsl~ncd ~athatt~'f traU~TY Dh'....~.~~GL~~rf.l...,..._I.......... i 4 in er~d fior avid Country, Texan, on this day pereo~tally app~ared....~.~......~` ~ ~ ......~._---r.__..~~,.....,.ithav~n tb me to ~ the peraor~ end e~c~r ~..,1.. r n r. r,. r r ~ ~1;w„'hose ~/~~(ma iNs~A■aub■~(nc~r[Y]il~i(d~J.■■to lJth~~1La fore~g}oing it~atrumcr~! end ackno~v[ed~ed to me that the aam~ tha att of the said 1, ~1~~4lQQf~ KU~d], lEr' ~/M 7,F~M~1R+~~~1,.........1,141uu r,.W• ~ r.l.y .l .A•f•f 1iH.l.if•YM••••~~~••4 Aa ~r'arparation, And that/ he executed the enure as the act of euch~eargoration~tur the pur~s~a r+ad Cgneideeatian therein ' e~eprettsed, and in thQ capacity+ tF~crein statcd~ ~ ~ 2 . GI'~~1~ 1lt~D~~ bs~ HAND ANp S~A~ ~F~~ ` sr u. , ~ , A.U► i~.-1 G~, - ~ ~ A N to y S~~tblic, S~at~ trf ~ty~T E 4: ,h41V~?A.t3T'~~s,~ qty CammieaEon ~~p(rra ...,,._...r.~.~.~....~..~....~...r..,.._.._,. l STATE; "P~KAS f t Comm.Ex~, ICI~~IA~ 4 ~ ~ a W ~ ~ r, ~ ~ u ~ ~ ~ r1 ~ ~ ~ ~ ~ ~ ~ o 1 1 F~ fI~ ~ I T f°i ~ [ 1~► _ _ . !t A A IY A o9 ~ ~ J h ~ IR4 h f J RAJ ■ l l !1 _ A A !i J 04 J rr sa r r ur-Iv Ulm. uOc:.uuuuAI3 144 uDILul'luu NN virN NAual I I 'l rage 1 of b t C~ U-~~~~9Z r r s { F~HiDIT ~~~u }~z ~c~~ ~R~~ tIF~D ~~TCS to sli that certain tract a! 1sr~d situated to the I. gyerlq ' purvey abstract ~lu~ber 148 and the ,l, ~sltor~ Survey abstract Rusher 3~3, Dontan Caunt~r, Te~ces and being a part of `track lIC descr[tred tp the Deed Eros P~erat Investent ~~xtp~r~, i;td, to itill~oadllicGutchin, t.td. recorded in i~nlu~e ~~4~Q~ Vega ~~8 of the Rawl property Records of Dentoa Gouat~, ~e subject tract being a strl~ off khe North end of the said ~csct IlI and being ~c~re particularly described as f4llo~s; ~~GiHBIR~ Car the Narth~est earner of the tract being daaerib~sd herstn at the , ~orthueat C4.l1~[ the said TrscE III at ~ 1}~ " irp4 tad found i~ ~lnder~rocd ~aad (sppraxi~etel.y 54 feet Bide ae !'encad at this pai~€t~ 23~~ ~faet ~eaterly fray a E~t~ce carnet post oa the hest sfde of the ros,d sad furt~t~e~r heir the called Vest Sauth~resk canner of the said Ualtoa Survey; ~'6~RNGR 5auth 88 Degrees 5~ minutes 09 Seconds asst ~#tit the No~cth line $f the said Tract fIi and the South line of the said Dalkou Suzvcyf st 3~9+~ feet ea irap tad foer~d far the Southeast earner df the celled x.408 sera tract described the fray l~enneth ux to ~il~ia~ Glintac~ Lfnci~ . crx recorded i~ Yalurse 215, gage X07 of the said Real property' Records haste earth 5.43 Ceet, c~attnuia8 aiapg the ss~e coureei !u all, a ~ar~l diatanc$ a~ ii$6.63 to ~ 1!~ inch iron set et ao eagle Caine to the H~zth L~n@ of `~CBCt Z~~ at, 8 r~~~1t~'~11t cd~'p~r the 9~id I~nlton Su~oYi i T~~RGB South 89 Degrees ~8 `~inutes ~3 Seconds Fist contia~l~ alc~ the general cpurse of the fire said fence pith the North line a[ the said '~rac! CrY a distance of 45y,8t~ feet to the Rorthetn Rortheast ca~ra+ac ~,i~ere~t i~ the nest brae of the S, l~citchett Survey ~b4tC~l~t Rueber ~ 4~ b~ia dre~cc fence earner past in Coacrcte On the South ban's of Rickc~r~ Creeki ~fHC~ South 00 ~gtees Q8 ,llnukea 38 Secanda i~esk generally al~n~ a ~aace ~it~ lira i;e9t 1lae of the ,said Tract lII cad ~e ldest iiae of tixa Prifichett Survey a distance of IODfQO feat tQ a l~~ inch iron red set for the Sot~~tea~t corner of the hereto described tract; . E T~i~#iCS Borth a9 Degrees 15 iiinutes ~S Seconds hest severing 'Greet Ixl and crossing the gash line of ttte Nyerly Survey and the ~e4t 11Aa ~f the i~~Ilna 5urvey~ ~~n~~~~iA~ alou8 t#~s ct~urse, su ~ distance feei: to a 1J~" lraa tad set far the Souti~~est carnet of the herein described A tract oa the fast line of the said act ilk is OAde~road red feet ~estor~y frau the fence on the Est side theRedf$ TRBNGg forth 41 [iegreea 46 ~iautes 48 Seconds Est uith the ~'cet ~f~e 'tract CZI. a distance of X04.00 feet to the PLlICg D~ $g~xht~I~ a~ ~actari~g . i4~ acres of ltnd, s~►r~ aX i~~n. 1 i i ~ i ~ - ' i ; _ f ~ ` r ~ r ~ ~ 1 r . r K ~ 3 r• r~~~~'r'~~t t°t...~, nnnn~7~r~,~ n~r~nlAnnA trio. nnaA ~~A r,____ n r tj"114 , %JIM* uuV..uuuuLJ l 19+14 uurcur i z7z 1. vir:.ez?o I r r i rage a or o P . S 1 ti ; - 1. ~semer~~ anc~ R~~ht a~ ~a~r dram h~r°~ ~r~u~rh~n, et a~ ~a ~entan~ ~~se fiaf ~ ~~d dater cr~n~,~rva~~n~, n~stria~, dates ~e~ nf~~F~ f~.1ec~ ►~anuary ~renardP~ ~,t~ ~nlutne a~~i, ~a~e 7~ to r~~er~ Raar~rds c~~ ~ent~n c,rnt~nty, meccas . 2. ~as~ma ~ anr~ Ai~'b~ day ~rnm ~I~.ma ~r~~r:~~n, aI to Texas ~~+~er ~ T►i~ht ~nmp~ny, dated 1968, fixed Jt1nA ~~~8 rerx~araed in ~'nlume Sig, gage n~ tie deed Rennxd~ of ~~nt~n ~`r~t~~ty, Texas, 3, Tarms and ~nncll t f nns ~est~ri fed ~ n Tt~ mi t~:i Warranty deed ~'~~,m pest alkl'a N, Rays perc~t to f~ers~t ~nvest~en~ partners, f~t~~ , ~l~r~~d J'an~~ar~ ~r~, 197 ~ ~i ] ed ~`ebrr~a:ry ~7, ~ 9g7, rnanrdec~ f n ~n~~~m~ aa~~, P~I~P, 4~ the nP~a ~e~:nrds ila~n~~in ~:af~n~Y~ Texas. ` ~'~rm~ ar~r1 rnnrli c~ri5 as c~nsrri b~t~ n Mimi tad ~iarrant~r ~ra~ P~1'c7t ~~~~'itm~~li; ~8~'tC~~~S~ ~~t~► ~~~1~rsx~JMC~t~:~ttri, ~i~~• r c~at~d a'#ugust 1, 19~~ r ~ i l ed ~tnh~r ~ 198 x recc~rd~c~ 1 n ' Vr~1~imQ ?47~t PaCP 67g tie r~Ped Rernrrls n~ ~entc~n ~:c~~~nt ~'exa s . y 5. c~v'~rhead el~~tr~e dine and buried te]eP~c~t~e table anci t . ap~urt~t~ar~r;es acrt~~s the Wept end of the prr~pert , ,~1~n~l~e~ r {srtrvey prepared by ~c~le~an ~ ~ssnn~,at,~s, dated Fa~r~lartYln~Sn J~ N r t ~ba ~ pnrti nu ~ ~ i gig ~i ~i~i n 11n~~~'~nnd anal a 1 Ong ~b~ ~'~:st prn~rty ~tn~t as ;~bn~rn nit purvey p~~pa~ed by t`a~et~n ~ ~ssoria,te;~ ~ dated Feb~~uary ~ I99i . 7» ~~a ~~a~~~.~ty assumed by reasn~t a~ ~er~re prntru~~,on over aid beyond tt~e Nnrth property ~ ~ ne, as s~nwr~ n~a survey prepared ~y ~`r~ler~at~ ~ ~s~nt~~ates, dated February ~~r ~~9~» 8« Ri+~hts aid ~:~aims, ii ~~ty, nt ari~t~i~~n~ prc~pe~ty t~x~►er i1n a~t~ to t~a~ p~r~tinn nf, ~~p l~~ra~.n de.~r.r~ber~ ~rnp~rty ~n~:ated b~t~~un the fence and the C~nr~t~ prnp~r~y ~~rie~ a~ s~n~n nn su~rua~ prepar~r~ by C:rrlema~t ~ ~~sarlat~s, dated FPhru~,ry ~bt r,. S1~artages in area. l~, Sra~~d~y £~e~ and taxes fir the year I~~1 end subsequent years, aa~ subse~t~en~ r asscs~men~s fr~r prier years due to cbat~ge in land usage oz' a~~tersl~ip. I L.f1~1'M 1 %.01Ya 1orvL. is v%du%dA6%JI't'r IdVI&NJ[ Iijv 1 . V117 : .Awed[) I I I I r-du r'" 4 Ul u } a a i _ . - - . rr 4 ~ r? ~ ~ r ~ ~n ~ ~ ~ ~ r i t ~~.~~.~8~1 ~~111rQp ~yf~G~l bpd ~~.~1I~18 ~~ri~~ ~au~~ ~o~ 3~5~1~ ~~ntor~, '1`~ 7~~05 s ~ ~ rf ~~c~~a ~ ~ ~ c~~ SAY ~ ~~~3Nm~ ~~E ~~NT~~ ~~lt~ ~ ~E~ , ~ .r ~ - r l `4 L 1 F , Il~t~~"T~~1 1~~,.+. nnnn9~~~A n~~~nl~na~ *~no~ ~~a~ R____ ~ LAL-,N, WIM. Lo►vV. .VVVU6.wJI"**t Vijr~Vr laa VII-..14vo 1 1 1 1 rage o oT o After recording return to: s:lonr documents~niscellaneous1141annexatiansljon michacl riley non-annexation agreement,doc Jenlllfer Waltel's City Secretary Z 15 E~ 1VIcl~inney Dentonq T~ 76201 CHAPTER 212 TEXAS L(]CAL GGVERNMENT CUDE 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 Jon Michael Riley ~"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 15.0469 acres of land, more or less, situated in the J. Dalton Survey, Abstract No. 353, Denton County, Texas, and being more fully described in that certain Special warranty Deed dated November 15, 2000 from Nancy Dee Riley to Jon Michael Riley, filed for record on November 22, 2000 and recorded in Volume 4722, Page 474 of the Real Property Records of Denton County, Texas, Said 15,0469 acres of land, more or less, is commonly known as DC~4D Property ID 37012 and DCAD Property ID 37026, respectively. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc, Gov't Code ch, 43; and wHEREAS, 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 Dwners and their respective successors and assigns for the term of the Agreement; wHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and wHEREAS, aWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc, Gov't Code section 43,035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc, Gov't Code section 212,172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex, Loc, Gav't Code section 43.03 5; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; ITT 1 s:laur documentslmiscel~aneous1141anneYa#iansljon michael riley nan-annexation agreement,doc NUw, 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 Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc, Gov't Code section 212,172~b}, Section 3, Governin Re ulations, The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~l} Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan,1999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria 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 ~NCTC~G Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 2S and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; 2 s;laur documentslmiscellaneousllDlannexatiansl~an michael riley nan-annexation agreement,dac d. International Plumbing Code, 2006 Edition with local amendments; e, International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical 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 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, as contained in §35,16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Develo meat Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 3 s:lour documentslmiscellaneousllOlannexationsljon michael rileynon-annexation agreement.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 l 80~day period during which the Development Plan is in effect, Section 5. A reement Deemed Void in Part Voluntar Annexation. ~A} ~f an Owner files any application ar plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void, ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property 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 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. L~lm Street Denton, Tx 76201 Section 7. Recording, This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas, Section 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 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 documentslmiscellaneausl101annexationsljan michael rileynon-annexation a~reement,doc Section 10, Chang_e,,n„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 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 , 2010, Owners T~ e: ~ ' ~~.1 ~r p rC k Jon Michael R:~ley f ~~`~r; THE CITY OF DENTON, TEXAS By: City Manager, Deputy City Manager, or Designated Representative THE STATE OF TEXAS ~ COUNTY OF DENTON ~ Th' ~s mstrument was acknowledged before me on the day of , 201 by Jon Michael Riley. „~,_..,~,,...r......_....,..... ~ - 10 REEDY , Notary Public, State of Texas 5 s:lour documentslmiscellaneousll OlanneYationsljon michael rileyaon-annexation agreement,doc THE STATE ~F TEXAS ~ COUNTY ~F DENTON ~ This instru ~ eat was a knowedged before me o,~ day of ,24~, by ' Mana IDepnty City Manage ~IDesignated Representat' , on behalf o the City of Denton, Texas. No r Public, ate o Texas ~~NNI~~~ WA~~~~~ t~t~ of `~°~~~Y ~v~~~~~'~ Nr~t~rll ~~~li~, ~y ~~~,~I~~Ic~~ . ~r~. ~ d ri'o iti APPROVED AS T~ LEGAL..~F~RM: ANITA BUR~rES S, CITY ATTORNEY ~ - ~ fir. i /7~ I i V After recording retuz•~1 to; s.lou~• documentslmiscella~leousll Dlamlexatio~~sVlelen ann stults non-at~nexatian agreement,doc Jeru~ifer Walters City Secretary 21 S E, NIcl~inney Denton, TX 76201 CHAPTER 212 TEXAS LOCAL G4VERNNIENT CGDE NGN-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 Helen .Ann Stults ~"Owners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively refer~•ed to as "Party" or "Pa~•ties"; Being a 3.349 acre tract of land, more or less, situated in the Jeremiah Dalton Survey, Abstract No. 353, Denton County, Texas, and being more fully described in that certain wa~.•anty Deed dated September 5, 1974 from H,L, Handley and wife, Ruby H, Handley to Helen Ann Stults, filed for record on October 2, 1974 and recorded in Volume 723, Page 383 of the Real Property Records of Denton County, Texas; together with an a roximate 9.91 acre tract of land conve ed in that certain warrant Deed pp y Y dated May 15, 1991 f~•om Ruby H, Handley, I~~dividually and as Heir and Independent Executrix of the Estate of H,L, Handley, Deceased to Helen Ann Stults, filed for record on May 16,1991 and recorded in Volume 2950, Page 176 of the Real Property Records i of Denton County, Texas, SAVE & EXCEPT; 3,47 acres of land, more or less, situated in the Jeremiah Dalton Survey, Abstract No. 353, Denton County, Texas, and being more fully described in that certain Cot~ection General Warranty Deed dated April 7, 2003 from Helen Ann Stults to I~elli Aran Holdsclaw, filed far record on September 30, 2003 and recorded in Volume 5425, Page 4716 of the Real Prope~•ty Records of Denton County, Texas. Said 3,47 acres of land, more or less, is connnonly known as DCAD P~^ope~ty ID 254159 anc~ DCAD P~ope~~y ID 254160. The remaining 9.759 acres of land, more or less, is commonly known as DCAD P~oper~y ID 37010 and DCAD P~ope~ty ID 37032, 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 ju~•isdiction ~"ETJ"} for the te~-~n of this Agreement; WHEREAS, owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and tlaei~• ~•espective successors and assigns fo~• 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, ar E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during tl~e te~.~n of this Agreement; and 1 5;`Qlli' docllmQlltS~11115Ctr~~2.l~eous~l~l~nnexatloi~s~htrlen ~►1111 Sttl1t511011-aililexatlQn agi'eemel~t.dnc 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. ~ 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 tl~e Real Property Records of Denton County, Texas; NCW, THEREFGRE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows; Section 1. Continuation of ETJ Status, The City guarantees the continuation of the extraterritorial status of the Property and agrees not to a~uaex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to the provisions of this Agreement, Section 2. Developme~lt Phan, 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 fa~.~rn-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling maybe located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex, Loc. Gov't Code section 212.172~b}, Section 3, Govea.~.in Re ulations, The following City zegulations 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 ti~.e the Agreement is executed; ~1} Zoning standards contained in the Denton Development Cade ~"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, 2 s:lour documentslmiscellai~causllOlan~~exatio~~slllelen anil stcilts no~~-annexation ag~•eement,~oc transportation, tree protection standards, and wate~•Iwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Govern.~ments Standard Specifications for Public Worl~s Construction, North Central Texas, 3rd Ed. 1998 ~TCTCGG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 2S and 29, and DDC Subchapter 24, adopting; a. Inte~•national Building Code, 2006 Edition with local amendments; b, I~~ternational Residential Code, 2006 Edition with Appendix G and local amendments; c, The International Fire Code, 2006 Edition with local amendn~.ents; 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; l~. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. ~ . National Electric Safety Code, 2003 Edition, with regional amendments; l~. Minimum housing and building standards, Denton Code § ~28~3 83 437 and § § 17-141 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28441- 457; and mb 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, constr~~ction 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 supple~~nented by tl~e Texas Wate~° Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental duality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Cade, 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 3 s,la~tr doc~tmetjtslmiscellanent.~sll0lannexatiot~sll~elen at~t~ stults tan-antlexatiar~ agt•eement.dac adminlstratlve standards of the Texas Colnmisslon on Envlronmental Quallty, as amended, and appllcable administrative standards of the Federal Emergency Managemel~t Adn~inistratiol~, as amended; and ~7} Gas Well platting, drilling and production standards, as contained in § 3 5.16,1 ~ 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 Con~lnissioll on Environmental Quality, as amended, Section 4. Develo meat Plan to Remain in Effect, Following termination of this Agreement for any reason, the Development Plan set forth in Section ~ shall remain in effect for a period of 180 calendar days thereaftel•, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Pa1•ties 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 o1• plan is inconsistent with the Development Plan, The ~wne1•s 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 180Wday period during which the Development Plan is in effect, Section 5. A reemellt Deemed Void in Part Voluntar A1~n.exation. ~A} if an Gwner files any application or plan of development for o1• otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Sectiola 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. Loco Govit Code subchapter C~1, or other such othel• provisions governing voluntary annexation of land as may then exist. owners expressly a1~d 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 requilements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43,052, or successor statute, Section 6. Notice of Sale, Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address; City of Denton, Texas ATTN. Director of Planning and Development 221 N, Elm. Street Denton, T~ 76201 4 s:lour documentsll~liscellaneous1101a~ulexationsl~~elen aim st~flts non-a~~nexat~an a~a~eement,doc SeCtl.on 7. IZeCOrdln , This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section S, Seyerability, hwalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect, Section 9, Remedies, This Agreement maybe enforced by either owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waive~• to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement, Section 10. Chan e_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 Mu~t~ple„Copies, This Agreement maybe separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13, Term and Extension, Tlae initial term of this Agreement shall be for a period of five ~5} yea~•s fram 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 tex~.nination of this Agreement, together with any other provisions, as maybe necessary for the implementation of those sections. The Parties hereto have executed this agreement as of ~ , ~Q 10, owners Helen Atll~ Stults THE CITY 4F DENTIN, TEXAS By~ City 1Vlanager, Deputy City Manager, or Designated Representative 5 s:lattr doct~mentslmiscellaneousllQlannexationsV~elen a~~n stints Ilan-annexation agreement.dac THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowled ed before one on the da of ~ Y a 201 Q, by Helen Ann Stints, 1>F ` N©#~ry Pudic St~t~ ~f T~ ~ ~V Ca~4Ml~~i4N E~~IM~ er ~ ~ ~ ~ Notary Public, State of Texas TAE STATE OF TEXAS } COUNTY OF DENTON } s instrume was acl~no ne e before nnmthe , day o ,2 ~ by ,City Mana erlDeputy City Manag rlDesignated Representative, n behalf of e City of Denton, Texas. r ate of Texas JCPJNI~~R K, WA~T~~s aryPub St 4~'`1~~AAY PG~rr~~+ A M ~ ~ Notary Pudic, state of Texas ~ My Ccrt~~ni~ai~n ~~cpires •r i~ Q yp tata (y r~,~~~ fllli1~1~4 ~~JW~~iJ~~ ~ ~V r APPROVED AS TO LEGAL FORM: ANNA BURG~SS;~~~TTY~~ATTORNEY F ~ s y _ }