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2010-036 s;lour documentslordinancesll Oldh-~ accepting non annexation agreements,dnc ORDINANCE NO, ~o l o-o ~ ~ 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, TEAS, GENERALLY IDENTIFIED AS DH-4 OF APPROxIMATELY 347 ACRES LOCATED ON THE EAST SIDE OF BONNIE BRAE STREET, WEST OF FORT waRTH DRIVE, EAST AND WEST OF VINTAGE BOULEVARD, AND MARE 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-4, as hereinafter described; and ~VHERFAS, 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 wIIEREAS, the owners of some eligible properties have executed such nonWannexation 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. s:lour documentslordinancesll01dh.4 accepting non annexation agreements,doc SECTION 2, The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as DH-4, is described in Exhibit "A", attached hereto and incorporated herein, and depicted in Exhibit "B," attached hereto and incorporated herein except that if there is conflict between the Exhibits, "A" shall control}, SECTION 3. Certain non-annexation agreements relating to eligible properties within that parcel identified as DH-4, as described and depicted in Exhibits A and B, which have been properly executed by the owners of those properties and which have legally sufficient property descriptions, are hereby approved by the City of Denton and are attached hereto and Incorporated herein 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 "Cy~" for and on behalf of the City of Denton as a ministerial act, but with an effective date of this Council's action on same. The City Manager shall further arrange forthwith for the recordation of non-annexation agreements in the real property records of Denton County, Texas. SECTION 5. In the event the City Council does not annex that parcel identified as DH-4, the City Manager is authorized to rescind the City's action accepting said non-annexation agreements within six months of the effective date of this Ordinance should any property owners subject to the agreements so desire. SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby, SECTION 7. This Ordinance shall take effect immediately on its passage. AND IT IS S0 ORDERED, Passed b the Cit Council readin this 9th da of Februar ZOIO, Y Y g Y Ys M RK RR UG AY R ATTEST: JENNIFER wALTERS, CITY SECRETARY ~4 BY• , ~ APP VED AS TO LEGAL FARM; ANITA BURGESS, CITY ATTORNEY BY: ~ Page 2 ~x~IIBIT "A" Annexation Tract DH4 ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation and disannexation ordinances as follows; ordinance 19G9-4o Tract ordinance 1979$2, Qrdinance 9SOy 1, ordinance 199133 Tracts 1 & 3}, and ordinance ZOO 1 ~92; and being more specifically described as follows: DH~4 BEGINNING at a point at the southeast corner of the property described in Ordinance 91-033, Tract I, being a paint at the intersection of Allred Road and Bonnie Brae Road; THENCE North 00° 39' 53" west, 3265.02 feet along Bonnie Brae Road to a point, said point being the northeast corner of the property described in Crdinance 91-033, Tract and also being the southeast corner of the property described in Crdinance 91-033, Tract 111; THENCE northerly along Bonnie Brae Road to appoint, said point being the southwest corner of the property described in ordinance 2001-092; THENCE South 89° 29' OS" East, 1740,62 feet along the south line of the property described in Grdinance 2001-092 to a point; THENCE North 8S° 46' 32" East, 1502.66 feet along the south line of the property described in Grdinance 2001-092 to a point for a corner; THENCE North 00° 47' 19" west, 2294.14 feet to a point for a corer; THENCE southerly along and near the median of Hickory Creek, a series of meanders totaling approximately 2411.54 feet to a point; THENCE South 20° 31' 17" East, 21,90 feet to a point for a corner, said point being the northwest corner of disannexation tract described in Ordinance 80-1, Tract 11I; THENCE southwesterly along the north boundary line of the property described in Ordinance 80w 1, Tract 1II, same being the center of the channel of Hickory Creek to a point for a corner at the intersection of the north boundary line and the west right-of way line of the Texas and Pacific Railroad; THENCE southwesterly along the right-of-way line of the Texas and Pacif c Railroad to a point for a corner, said point being the southeast corner of the property described in ordinance SO-1, Tract 111 and the northeast corner of the property described in ordinance 79-OS2; THENCE continuing southwesterly along the right-Qf-way Iine of the Texas and Pacif c Railroad as described in ordinance 79-082, to a point for a corner, said corner being the southeast corner of said ordinance and the also being the northeast corner of the property described in Grdinance 69-40, Tract I11; Thence northerly to the Paint of Beginning, containing 347 acres, more or less. f; ~ ~ ' r'' E~hIBIT B ~ ~ ~ ; ~ ~ ~ / f / I J~ r ~ ~ , 11 / ` ~ ~ I ,n ~ E 377 ~.1, i I { ~ r ~ ~ ~ . r L + Uinta e Blvd. ~ • g i F \ y? / I i i ~ M ~ ? l ~ \ h f f~ 1, f • i f• l~ ~ t ~I f "~'~1 ! i . f I ~ . r..._m.~: ~ Y r~ i , ~ , ~ rr~nna ~ r ~ ~ ~ j ~ f W ~ ~ ~ 1 ~,~1 ~ f ~ 'I ~ I ~ rr~f r ~ I r 1'` ~ f f E ' r ` fr Jj . r ~ , M ` , I I i. ....--....~„.w: ~ ~ ,.r r I •~lk I Allred Rd. ~:T ~ ~ ~ l ~ ~ ~ i f ~ ~ ~ I ~ ,r ~ ~ r ~ 1 1 J ' l~ ~ ~ M- ~ J V , ~ `+1 ~ ~ S ~ r ~,~Cr ek Rd~}f ~ . W_._._..~._....._...~.. .W..~. ~ , . ~ F~EESE City of Demon, Texas 1 ~NICH4LS DH 4 ~ 34~' Acres .N. W E ~B~t 0 400 800 1,600 2,400 I I After recording retu~~. to: Je~~nifer wafters City Secretary 215 E, McK.in~ley Denton, T~ 76201 CHAPTER 21Z TExAS LDCAL GOVERNMENT CaDE NON~ANNE~A.T~GN AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex, Local Gov't Code by and between tl~e City of Denton, Texas the "City"} and Barlow Revocable T~.~ust ~"Owners"}, the prope~•ty owners of the hereinafter described property the "Prope~•ty"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Pa~~ties"; That property described in a deed to Barlow Revocable Trust, which is recorded at Instrument Number 200955359 of the Real Property Records of Denton County, Texas, and commonly 1~1own as Tax Parcel No. 16655, which is attached hereto as Exhibit A, consisting of approximately 5.356 acres of land. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Prope~•ty in accordance with Tex. Loc. Gov't Cade 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 Owne~•s and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property cun•ently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber farad pu~•suant to Tex, Tax Code chapter 23,C, D, or E; and WHEREAS, OWNERS ~•epresent 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 p~•operty and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: 1 ~ ~~~1T 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 l~ereinafte~• defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to tlae provisions of this Agreement. Section 2, Development Plan. The ~wne~•s covenant and agree that use of the Property for the term of this Ag~•eement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling maybe located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land 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. Govern~n Re llatlons, 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, transpo~•tation, tree protection standards, and watex•Iwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Gove~~ments Standard Specifications for Public worl~s Construction, North Central Texas, 3rd Ed,1998 ~NCTCaG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 2 S and 29, and DDC Sub chapter 24, adopting; a. International Building Code, 2046 Edition with local amendments; b. Inte~•national 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, I1ternational 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 Ed1t1o11 wlth regl0nal alnelldmellts; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendnents; l~, Minimum housing and building standards, Denton Code §§28-383 - 437 and §§17-141 - 210, as amended and as applicable; 1. Irrigation Standards, Denton Code § §28-441- 457; and m. Maving 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, constl•uction and on-site operation 1'equ1re111ents, contained within Chapter 26 of the Denton Code of Grdinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amellded, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on E1lviranmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and 1•elated standards, as contained within Chapter 30 of the Denton Code, as amended, a11d 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 Commmission on Environmental duality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, as contained in §35.16,19 and subchapter 22 of tl~e Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Cominissioll and Texas Commission on Environmental Quality, as amended. 3 Section 4. Develo ment Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of ISO 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 fu~"tl~er agree that no use commenced az• completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180~day period during which the Development Plan is in effect, Section 5. A reement Deemed Void in Part Volunta~• Annexation, ~A} 1f an Owner files any application or plan of development for or otherwise connnences development of any pol•tion 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 Cµ1, or other such other provisions governing voluntary annexation of land as may then exist. Gwners exp~•essly and i~•revocably 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 an~lexation 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 ox• 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 add~.•ess: City of Denton, Texas ATTN: Director of Plan~aing and Development 22I N. Elm Street Denton, TX 76201 Section 7. Reco~"d111 ,This Agreement is to run with the Prope~•ty and be ~•ecorded 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. Chan e in Law. No subsequent change in the law regarding a~~lexation 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 Ag~•eement shall be in Denton County, Texas, Section 1Z. Execution in Multi le Co ies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instn~nlent, Section 13, Tenn and Extension, The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Tenn"}. The Effective Date of the Agreement shall be the date the Agreement is executed by the City, The Tenn may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants, The covenants in Sections 2, and 4 shall suz•vive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties he~•eto la.ave executed this ag~•eement as of , 2010, BARL~~V REVOCABLE TRUST, QwNERS By, Donald A, Ballow, CowTrustee, who represents and wanants to the City that he has the power and authority to execute this agreement on behalf of Barlow Revocable Trust ~"T~•ust"} as Co-Trustee, and to bind the Trust thereto 5 THE CITY 4F DENTIN, TEAS By' City anager, eputy City Manager, or Designated Representative THE STATE 4F TEXAS } COUNTY OF DENTON } This instrument was acl~nowledged before 1ne on the day of January, 2010, by Donald A, Barlow, Co~Trustee, on behalf of Barlow Revocable Trust, ~1i...r M~~-,~.~,.,, 1~t~ti~i~Nrf~ JNNf~~iC ~~~~fi ~~~Y~A~'af`'f~ d,~°~~' Nat~ry P~~l~iic, ~~~t~ of Texas , 1 ~ k 'r~n~,~ ~ ,~~ti My cor~~~~~,~;o~-, ry Pub 'c, State of exas NdV~~1~r ~ I ~ i .`i3:1 THE STATE ~F TEXAS } COUNTY OF DENTON } This instrument was acl~.o dged before eon the day of , 1 . ,20~ by ~ty eager eputy City ManagerlDesignated epresentative, n behalf of the City of Denton, Texas. a ri ~ i ~,`'~~"Y~G~',~ JINN! ;w " h ~ Notary Pubiic, s#ata of Texas " N ry Pub , State of Texas +,,,~~T,~,, My Commission expires °~t December 14, 201 ~ APPR~V ' ANNA BURCES-S; ~.C~'TY f ATT EY 1~~~ ~ BY 6 ` Denton County Cynthia Mitchell County Clerk Denton, Tx 76202 ~o~ao~~a~~~~~~ instrument Number: 204955359 As Recorded fin: May Os, 200 'Warranty Deed Parties: BARLOW DDNALD A Killable Pages: 5 T° Number of Pages: 5 Comment: ~ Parties listed above are far Clerks reference only } Examined and Charged as Follows: Warranty Deed 27',00 Total Recording: 27,p0 ..,Y~., . . DG NC~T REMOVEw THIS PAGE IS PART GF THE INSTRUMENT Any provision herein which restricts the Safe, Rental or use of the described REAL, PROPERTY because of color ar race is invalid and unenforceable under federal law. File Information: ~ Record and Return To: Document Number: 2009-55359 Receipt Number: 587 670 BARL4W REVOCABLE TRUST Recorded DatelTime; lulay os, 2009 09:~ 8:10A 4365 BONNIE BRAE ST ARGYLE TX 76226 User I Station; H Dunn ~ Cash Station 4 ~ _ TH E STATE aF TEXAS } } COUNTY 4F DENTIN [ hereby certify that this instrument was FI~,Ep in the File Number sequence on the dateltlme ` printed heron, and was duly RECORi~i~D in the Official Records of ~entan County, Texas, ~ . ~e~~ ~ . County Clerk Denton County, Texas ~.,w.~, . . ~ . NgTIC~ qF CgNFID~NTIALITY RIGHTS ~ IF YqU ARE A NATURAL ~ PERSgN . ~ YOU MAY REMgVE ~ qR STRIKE ANY qR ALL qF THE FOLL~wING [ ~ ~INF~RMATIC~N FRgM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN : ,REAL PRQPERTY BEFORE IT IS FILED FqR RECgRD IN THE PUBLIC RECgRDS~ . ~ :YOUR SOCIAL SECURITY NUMBER [lR YgUR DRIVER'S LICENSE NUMBER. _ S~cA~c~ aF TEXAS ~ . CUUNTY qF DENTIN . . ~ wARRAl'~TY DEED . ~ ~ Gr~ai~tor; ~~NALD.A, B,~P:L~'~J sU~ANNE BARLOw - . 4365 bonnie Brae Street . ~ Argyle, Texas 76226 : ~ ~ Called "Grantor",.whether one or mare - . . ~ : ~ grantee; - BARLq'W RE~VGCABLE TRUST . 4365 Bonnie Brae Street ~ . - ' : : Argyle, Teas 76226 ~ . ~ Called "Grantee", whether one or more . - :Conveyance; . FGR VALUE RECENED Grantor has conve ed anted transferred and . Y s ~ assigned, and here ants conve s transfers and. assi s to Grantee all and no less h ~ ~ Y ~ ~ ~ ~ tan all, of ~ _ grantor's interest, irk the fallowin described real . roe the "Sub' ect Pro e " ; . ~ ~ ~ P p ~Y ~ J ~ rtY } I :.The Sub'eet Pro e ,is ~denti~.ed in Exhibit "A"attached hereto to which exhibi .J p ~ t : reference is here made and is inco orated herein as if ewritten in this location ~ ~ verbatim. - ~ . :l . ~ ~ ~ ~ RE~ER~ATIq ~F N HgMESTEAD INTEREST. :The ~ro er herein conve ed is the .homestead of Grantor. Grantor i p p tY y s also the Trustee of tie ,Trust and ~so~c beneficia of the Trust dui~in the remainder of their ry g lives aid .retains-the power to revoke the Trust, Grantor does nat b this conve anc Y y e of the , legal title. to the ro er intend to waive or relin uish an of their hom' p ~ tY q y estead ~ . rights ~m the' property aid Grantor who retains a uitable title to the ~o er intends . q ~ptY to continue to reside on, use, claim, and desi Hate the ro er herein conve ed as . ~ ~p~ y .their homestead ea~empt from forced sale under the Constitution and laws of Texas. ' 3 ~ 0 ~ ' i ~ ~ ~ ~ - ~ffect~ve Date: , . This transfer and conve ance is effective as of the date of this instrument, ~f this instrument . Y is not immediately recorded, I~usband and Wife will hold title in trust and as nominee for and on behalf of the BARLgW R.~V(ICABLE TRTJST~ DATED and EFF~CTI~E: Ma ~ 2009 - Y . ~ Husband. D~1~ALD A; B.A~,~W ,wife: , ~ - x ~ . SUZANNE BARLU~U State, TEAS . County:. DENT4N ~n s~his da of Ma in the ear 2009 before me Jessic ~ ' . Y Y Y ~ a Cannon, a Notary Public of said Sate, ~ ~ersonall a eared DONALD A. BARL~W and SUZANNE BARL4~V . ~ whose; names are ,subscribed to the within instrument and acknowled ed that the g Y executed the same ,and for the purpose and consideration therein ex ressed, p WETNESS. MY BAND AND C?FFICIAL SEAL, ~ ~ . . ' ~~r~~lit``~~411141#liill►~~~~~#~r~~~~ ~ ' ~ ; ~ ~ ~ ± N t Public ~ i w .w . ~ , w , ~ ~ ; ~F . ,ifs ' ~XPIR~~,~''x C~ AFTER ~~ETVRN To. '//1111tE111llllfi4411~ti~,~ .Barlow Revocable Trust 4365 Bonnie Brae Street . Argyle; Texas 7622G S ' SUBJECT TO: (1) any overlapping of improvements or encroachments which a survey would reveal; (2) valid and enforceable land use regulations, restrictions, and conditions; (3)-real property taxes, prorated to date; (4) any recorded right-of-way; easement, or other exception to' title (including liens) which an examination of title to the property would reveal; (5) any loan or encumbrance secured by a vendor's lien or deed of trust upon the property; (6) rights of parties in possession under lease or as an inspection of the property would reveal. FURTHER .RESERVATION AND EXCEPTION. .The transfer of real estate to the BARLOW REVOCABLE TRUST which is encumbered by a mortgage or deed of trust may prohibit ariy transfer thereof without the consent of the lender and may. give the lender the option to call the unpaid portion of an installment note immediately due and payable if a transfer is made without the lender's consent. These restrictions are generally called "due on sale" or "due on transfer" .prohibitions. Any transfer directive or contribution directive specified by this instrument is suliject to any such prohibition or limitation. Grantor reserves and retains such estate and title to the property as will not violate the due on sale or due .on transfers of any mortgage; deed of trust, or other instrument, if any and to the event applicable to a transfer of this property to the BARLOW REVOCABLE TRUST. To the extent a transfer of this property is limited by any applicable due on sale prohibition or due on transfer prohibition, ownership will fully vest in the BARLOW REVOCABLE . p TRUST only upon receipt of lenders consent to the transfer or u on final release of the mortgage. or deed of trust lien by the lender or by the assignee thereof. Consideration: TENAND NO/100 DOLLARS and other valuable consideration paid to Grantor by Grantee, the receipt and sufficiency of.which is hereby acknowledged. Habendum and Warranty: TO HAVE AND TO HOLD the Subject Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, Grantee's successors, personal representatives, and assigns forever; and Grantor does hereby bind Grantor, Grantor's successors, personal representatives and assigns, to warrant and forever defend, all . afid singular, the said premises unto the Grantee and- Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part .thereof. The use of personal pronouns in this instrument shall be construed in conte~, with the masculine to include the feminine, when appropriate, and the singular to include the plural, when appropriate. r} 5 f ~ !i 1' .1 . 11.. .1.:1 ~ • . 1•.y Y ~ • 1~ I~.l'f~V'~►+T~i`/f~~ ~ ti u ~y y . {1.Yr4~1y1~►yY~}.•M~.r.Z~LTL~~;L~ {~i~i!!L ryl~r' ,t 1i::~C1'.y.i C IC7 ;*4 f 1 ~ . 'i , k~~~N~ 1 " ' " alI that cer~aYn lot, t.raot, or parse], Qf land situat severe suxveY Abstract Number in Der~tan Cou~~r Tex ed in the certain tact of land conveyed by deed from ,Tae B,Ypa 4~a~' befng all C~1at ~ ~ Paget tv den f~, i~ocnce and wiFe, Pebecca Ly~in xa4 g and v~f fe, Debbie ~ounCy File Nw~aer ~~-R4~72~3~ Real firaperty Recordsa ~recQxded urtdex <~nd bea.ng r~ore particttlar,ly dzsvribed as fo1~.a~~n; ~ . RNTQN Gaunt Y► Ta:cas , ~3c~FN~1TNG an ixan rid set for corner , laid poinC bung tl~e Sauthwsst corner of that~ie ez~ae~ a publ~ie xcadway, conveyed by deed from finger Rodgers tQ KennethMain tract of land L. Wright xecorded under Clerks Pile Number 9~-Rp~~$~~h~ and wa.fe, Susdn Records, D~NTDN ~auntY, Texas; ~1~, Real Property fiF~ENCE North gg degrees 27 minutes 3~ seconds _ra an iron rod found fvr East I~Ine of said ~vnnie crae pasting dt feet ~.1~1.Q0 feed, with the south line of gaid Wright tract taptaZ distance of . for cornex~at tha inner eIl o€ said Wright tract- ari irpu rod faund r THSNCL ~aUth 00 degrees ~2 minukes~34 seconds Est q3~ line of said W,r,ight txaaC to an iron acod set fc~r ~ ~ Os feet with a test oe that certain tract of land conveyed by deed from t~$rrin the Naxth iins wife, Deborah R. Ash~,$y to Jafies A. Bramm$r and ~ an Ash~,ey and recorded under Ciexk ~ e File Nurnbez 96-RDDa~'9~,8 Read ~ ~y pauYine crammer U~NTaN County, ~'exas; 1 Propexty Records, TH~WCE 3auth B~ degrees minutes eeco r. North line of said Prammer fixact and rlde West, ~~x.~~ feet with said with the North ~.ir~e of that oertain . .:tract of .and conveyed by dead from Bxiat~ W. Snell and wife tc James A. Cavia ~7: Snell crammer, Jr., and wife, .~m~ Hoffman crammer recorded in V'o~, ~l~q, pag0 ~169~, Real Property Records, D~TUN um8 found for ea~exr said pvaln~ bez Cvunty, Tahas, to an izan ng the 5outheas~ corner of that cax~taf ri tract of xand conveyed by deed fa~om cr~,ghton Tradix~ Cb. L. wade and She~Lla Lust g CM to Kevin M, Records, D~NT~N Cntu~ ex recoxded ~xri Va1U~e '3~8a r Page X16 r Real Property ~Y~ Texas ~/N ~ r; L•. TKENCc North ep degr~e5 33 mxriutes 08 secgnd5 We Bast lire of said Wade and Luatsx tract tc an irari,xa01.98 feat w~,th the ; ~ti 1 . said point ba~.ng the NarCheast coxnear of paid Wad d found ~Eor cQrxter, e and ,ouster tree; '~~NCR avuth 89 degrees 34 minutes 23 secanda ~ az1 izon xa~ found fvr safd ~a~t lYr~e a est,, pass at 65D.g7 feet to of ~4~ . Q~ feeC wiCh the Naxth dine of ~ ~d~,d car~nie Brae, a total d~.stance xod aft for Garner ire said Bontiie Bxae; a Wade and ~,uBter I:ravt tp d~~ iron 'i THRNGE North ~D degrees z~ mi~111tea z~ secand$ E&s~, 29.G4 1 Fannie Brae to Abe PLACE OF' ~R~S~z1~G and CCNTAxI~NG 5.3~~f~et with said mare ox lei&. ores of xand; ,1 E{4~ / • 11y 1 / r.ro r. w_ ~w rh r ; tiw..,.n«H„ n1z~1/~F11t5'} ~K, p.bn.nr- After recording retu~'n to: s:lour documentslmiscellaneousli Olai~nexationslburcl~ fats}ily farm 140,67 ac.dac Jennifer waltef's City Secretary 215 E. N~cKiniley Denton, TX 76201 C~IAPTER 21Z 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 Bu~•ch Family Farm, Ltd, ~"Owners"}, the property owners of the hereinafter described prope~•ty the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties"; Being 140.607 acres of land, more or less, situated in the ~VLrilliam Roark Survey, Abstract No• 1087, Denton County, Texas, and being more fully described in that certain Special warranty Deed dated September 6, 2007 from Nelda G. Hackett to Burch Family Farm, Ltd., filed for record on September 13, 2007 and recorded in Instrument Number 2007-110041 of the Real Property Records of Denton County, Texas. Said 140.607 acres of land, more ar less, is commonly known as DCAD P~apert~ ID b46&5, 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"} far the term of this Agreement; WHEREAS, Qwners and the City acknowledge that this Agreement between them is binding upon the City and the Qwners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex, Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43,035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering Into an agreement authorized under Tex. Loc. Gov't Code section 43.03 5; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; BHT 1 IL ~i s:lour documentslmiscellarleousl I Olannexatianslbi~rch family farm 140,bD7 ac.doc Now, THEREFGRE, in consideration of the mutual covenants contained herein, the Panties 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 Propet~ty far the teen of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement, Section 2. Development Plan, The Gwners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm:-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling 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, Gav't Code section 212,172~b}, Section 3. Governing u~lations, 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 continuatian of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~I} 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 ~NCTCGG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a, International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; 2 s:lour doc~~m~atslmiscellaneausll0lannexationslburch family farm I~0,607 ac,doc d. International Plumbing Code, 2006 Edition with local amendments; e, lntet~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 Cade, as amended; h, International Energy Conservation Cade, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k, Minimum housing and building standards, Denton Code § §28-3 83 - 43 7 and ~ ~ 17-141-- 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 requi~•ements, 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 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 the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas Well platting, drilling and production standards, as contained in X35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4, Develo 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 documentslmiscellaneous1101a~~nexationslburcl~ family farm 1~Q,607 ac,doc permanent zoning of the Prope~~ty, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City far the Property during such period if such application or plan is inconsistent with the Development Plan. The owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Gwners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 184~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 Prope~~ty 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 naay initiate annexation of the Property pursuant to Tex, Loc. Gov't Code subchapter C~l, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc, Gov't Code section 43.452, or successor statute. Section 6. Notice of Sale, Any person who sells or conveys any pot~tion of the Property shall, prior to such sale or conveyance, give 3 o days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 22 i N. Elm Street Denton, Tx 76201 Section 7. Recordin ,This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section S. Severabilit .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 Gwner waives no rights as to matters not addressed in this Agreement, 4 s:laur dac~mentslmiscellaneat~s1101annexatioi~slburch family farm 140.607 ae.~ac Section 10. Chan e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12, Execution in Multi le Co ies, This Agreement 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 , 2010. Burch Family Farm, Ltd,, owners ~ , Richard L, Burch, President ~ ' Ja lie Burch, SecretarylTreasurer THE CITY OF DENTON, TEAS By; City Nlana er, Deputy City Manager, or Designated Representative 5 s:lour ~ocuments~r~iseellaneausll Olannexationslburch family farm 1.40,607 ac.dac THE STATE OF TEXAS ~ COUNTY OF DENTON } R This instrument was acknowledged before me on the day of ~ , , 2014, by Richard L, Burch, as President of Burch Family Farm, Ltd, . ,~~r m~~`I M. ~ r , • N~te'y ' . ~ '~t~' rr~ MlSS~ ~ r Ivlarch 2 G,; a ''~~~uE~~~~„~, , Notary Pub ic, State of Texas T;,,. r~' p ~~~Y "~`~G CHR~STO A. THE TATS Notary Public State o1 Tex S OF TEXAS ~ ~ My co~Missio~ ~~t~i~~~ ~4~p ~,~813 , COUNTY OF DENTON This instrument was acknowledged before me on the day of ~ , 20 0, by Janelle Burch, as SecretarylTreasurer ofBurch Family Farm, Ltd. Ckl~l~~t y Notary F'ul~lic Stete Of Tea MY CO~Mi~510N ~~~IA~ ~ X89 3 ~°1 ~ Notary Public, State of Texas , THE STATE OF TEXAS ~ COUNTY OF DENTON ~ his instrume ~t was ac owled d before -or~...the.~ day o ~ ,24~~by Manager eputy City Manage Designated Representativ on behalf of the City of Denton, Texas, r ,``,~~~~Ypid✓,,,,, J~NNIF~R K, WA~~E~S ~ Notary Public, State of Texas ~ ~y PU C, State of Texas ~+rNj~+ ~i1~ ' " My Commission Expires f~>r~~QFiE~i,, December 14, ~Ola ~~1ir~~titiN~ r ~ APPROVED AS TO . LEGAL~_ F~.RM: ANITA BURGESS, CITY ATTO EY f r .irf'~~ r''J i After recording return to; Jen~~ifer Walters City Secretary 215 E, Mcl~inney Denton, Tx 76201 CHAPTER 212 TEXAS LGCAL GaVERNMENT CODE NaNWANNEXATION 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 Don Logan, Patricia Logan, Paul Tubbs and Tammy Tubbs ~"Owners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": That property described in a deed to Don F. Logan and wife, Patricia Logan, and Paul Tubbs and wife, Tammy Tubbs, which is recorded as Instrument Number 94- R~ o l 0473 of the Real Property Records of Denton County, Texas, which is attached hereto as Exhibit A, consisting of approximately 7.932 acres of land. SAVE AND ExCEPT: That portion thereof conveyed from Don Logan and Patricia Logan, husband and wife, to Paul Tubbs and wife Tammy Tubbs, by instrument dated Qctober 22, 1998, filed December 31, 2009, recorded as Clerks File No. 98-R0096463, Real Property Records, Denton County, Texas, and attached hereto as Exhibit A-1, consisting of approximately 4.390 acres of land, Said parcel, as excepted herein, being commonly known in the records of the Denton Central Appraisal District as Tax Parcel 166553, consisting of approximately 3.542 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 Qwners 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, QWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex, Loc. Gov't Code section 43.03 5 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc, Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and E~~1T 1 i~ i WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.03 5; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NCw, THEREF`GRE, 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 nat to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. . Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single~family dwelling may be located or constructed on a lot smaller than five ~5} acres, The property owner may apply to the City for division of the land 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, Goyerning_Re ulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed; ~ 1 }Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, 3rd Ed.1998 (NCTCGG Manual}; 2 ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c, The International Fire Cade, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Grdinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton ~ Code § §283 83 - 43 7 and § § 17-141 210, as amended and as applicable; 1. Irrigation Standards, Denton Code § ~28~441- 457; and m, Moving Buildings, Denton Code §§28-326 375; 4 Si n re tin in ~ } g gu at o s, as conta ed w~th~n Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on~site operation requirements, contained within Chapter 26 of the Denton Code of Grdinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Dentan water and wastewater Criteria IVlanual, as amended, and as supplemented by the Texas VLrater Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission an Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 3 0 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of , 3 the Texas Commission on Envixonmen#aI duality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, as contained in § 3 5.1 G.19 and subchapter of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4, Development Plan to Remain in, Effect, Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 1 SO calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The owners expressly waive any vested rights that might otherwise arise under local or state law, or by common 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$o~day period during which the Development Plan is in effect. Section 5. A reement Deemed Void in Part Volunta Annexation. tA} If an Gwner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section sections 1 and 3 of this Agreement shall thereupon become null and void, ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex, Loc. Gov't Code subchapter C~1, or other such other provisions governing voluntary annexation of land as may then exist. Gwners expressly and irrevocably consent to annexation of the Property under such circumstances. owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex, Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 4 2~1 N. EIm Street Denton, T~ 76201 Section 7. Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Sevexability, Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either owner or the City by any proceeding at law or in equity, Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter, Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change _in _Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Co~. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument, Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"}. The Effective Date of the Agreement shall be the date the Agreement is executed by the City, The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this a reement as of ~ ~ ~ I g ~ ers Do an C~ Patricia Logan 5 Pa 1 Tubbs Tanury u bs TAE CITY ~F DENTON, TEAS By' City N~anager, Deputy City Manager, or Designated Representative THE STATE ~F TEXAS } CnUNTY ~F DENT4N } This instrument was acknowled ed before me on the da of g y 2~~ by QHAITi~ A. C Nata►y Public State o~ Tex r ~a 1~Y Ct~IMI$~lON ~~PIAE~ ~ Ih ZQi ~ ~ Nota ublic, State of Texas THE STATE QF TEXAS } CQUNTY QF DENTIN } Th's instrument was acknowledged before me on the ~ day o 20~, by ~ ~ ~ i~ ' ~,~A~~4 cHa~sT~~E A, c ~ ~ c Natary I'i~blic State ai Tee , M~ cpl~tMiss~oty trx~t~~g k t rF ~ Nota Public, State of Texas rY . THE STATE OF TEXAS } COUNTY QF DENTIN } This instrument was acknowled ed before me an the ~ da o Y~~V g Y~ 20~ by ~ ~`1~. ~~~s S1~PHA~1~ LYl~~ C~EMMOt~S ~ w ~~~~AY pUA p I 7 c~4~~ Qt~ p~b~lC, r7t~~~ Qt 1Pix~5 , r ' ~ ryC4mmiss~on expires ~vw =y~ M~ ~0~3 Notar P blic State of Texas ~f~' *'~r Feb~uatY 19. y ~ r/~~iti ± r~~ THE STATE DF TEXAS } COUNTY ~F DENTIN } L This instrument was acknowledged before me on the day of 20 , by ~-1~~ . ~p~lirlr *~t5'Afr~~'%,r S~EpHANfE IYNN C~~MMON ;.r~' ' Notary Public, State of Texas ~ ~ .,r; 'Ayy l,~ >+eb1►~~~v ~ ~ ~ Notary Public, State of Texas 11 t ~ ..+r•.--.... T~ STATE 4F TEXAS } COUNTY 4F DENT4N } . This instrument was acknow ed before ~ on the day of ~ ,2~ by pity Manage eputy City ManagerlDesignated R resentative, on behalf of the City of Denton, ~T~~~ . `rtitiiuri~ J~NNII+~R K Notary public, State of texas ~',y,` MY Cnmmissiar~ expires tax Pub Sate Of Texas r/r~r1114 ~ December ~ g, 201 o Y APPRGVED AS T~ LEGAL FARM; ANITA BURCESS;w-CITY ATT~RN~Y~... f~.. B - r r I I ~ ~ t~x~x ~r~~~ ~ ~ ~ ~~~~.~o~~~~ x~~ o~ P~~~~~xs: ~ c~~rX ~ent~~. ~a~~ ~~~,~~~~x~r ~.nq~a pa~a~n of ~'ax~ant ~ta~a ~f ~a~a~ f o~ and v f the ~~t~ ~,{f ~ ~~~~D~~_n'~w,www►eir+~ws~rw.a~nrw~au.+es~aK*" ~~n~~.d~~at~.~n ~h+~ ~a~d and va~.uah~.~ r b ~a~h and ~~her ~ ~~n~id~~at~~n ~~,d and ~~~u~ed to ~aa pa~,d, by ~~n Lean and Ana ~ r Pare. ar~d w~.fa# xa~ny Tu~b~aa 'i~~,~~r Pad Lv~an and ~~'a: ha~afnafta~ ~ef~~xad t~ ae t~~a~taa~ a~ ~v~.~, ~ fug~~,ar ~~naida~at~.~n of the a~e~uti~n and d~~,~,v~~y~ ~ th r ~ ~'~cam~.~~~ ~a~a ~n tea p~in~.pa~ ~u~ SAD. ~f ~~ant~~ ~v~n dada har~r~~.th, pay~ahl~ ~ant~n U'• 377 ~r~va~t~e~t ~f as ~n aa~d ~.~~e apa~if ~,ad~ ~h~~h aa~,d n~~~ ~ap~a~~~t~ ~~~panys r~ha~~ Cana advan~+~d key` ~a~t~n 5. xx~va~tax~t ~~~npany pu Y' ~~nd~~~ a ~~an a~~n~ ~~th ~~pa~~.ax ~~.t~.~a f~~ ~h~ch the ~d and ~ata~nad ~,n ~av~~ ~f ~~n~~?~A U's ~ n 37 f ~~va~~c~$~t ~a~.d n~~a ba~.n~ ~u~tha~ aaau~ad her ~~ad ~f ~~u~t o~ Evan Co~tpan~ r t~ ~►+~r~~ith ~o ~~.lly ~.1~., # T"x~~xgt~+~, ~~v~~~n~ tha da . h~~~~~ ~~n~ray~d px~pa~~~r~ ~antad, ~~~d and ~t~nvayad, and by ~haaa p~~a~n~a d~ ~~an~, have G and C~nv~yr unto ~h~ ~~i~ ~~n ~~gan axed 1~~,f~, Pad ~~c~an ~v~h~ and rai~a~ ~a~y ~k~ar wY~va~ ~#a~,~~.n~ addx°aa~ ~.a and ~a~~ ~t'pl~a►ni~r F~. ~'a~~r '~~xa~ °~~~~~w the County' C~~ ~~3~t~n ~"e~aa a~i ~ha~ ~er~~.~n ~o~r ~~a~t pa~~~1 hand . ~tat~ ~it~a~ad ~~n~~n ~®unty, '~a~a~, de~~r~.had as ~~~.~.~~ta: ~h~,~ arty ~a ~onvay+ad ~uh~a~t t~ eav~nanta, ~~ndi~~Qn~~ ~ p ~~a~~~~~i~n~r a~~p~i~n~r +aa~aa~ar~t~, ~.~a~ea, and ~~na~a~ ~~g~vat~~x~~ ~~a~,~~~va~ natu~a ~f r+~~~~d~ ~f any', and a~a~ the ~anin ~a~~ and ~tha~ x~~~t~f.~~~.~n~, ~~~u.ati~+~na, ~~d~nan~~~ ~ ~~atut~~a ~f ~un~~~paZ ~th~r ~~v~~~n~a~ au~ho~~t~.~~ p ~o ~ tk~a aht3~ra daa~~~had p~~~~~~~ r ~~~atha~ w.th aid and ~~.n~u1~a~ ~ha r~.~hta and appur~enan~~a~ th~~~t~ in an fay ~aaion ~n~ unto tha ~a~d ~x~an~aea, tha3.g:~~~~~ ~~~d aa~~~'n~ g f ~~avax~ and ~ d~ ~a~~b~ hind ~ya~~.f , m~ h~i~a~,.. ~~~~~u~~x~~~"ar~d ad~n~.ni~~~a~~r~ r tQ '~axrant and Po~av~~ ~af~d~ - and e~.~~.a~ _ . th~~ aa~,d p~a~ia~~ un~~ the ~ai~d ~~ra~at~+~a r ~~~~r~. ~ inn i► e~~~x~ w~~~n~~~v~~x ~~v~~~L~~r ~~.a~i~.mg r to ~i~~~n tY~~ ~~.n~~► ~x any ~ar~ ~h~ x~~d cud st~.pul~~~d th~~ ~h~ ~~~d~x r ~ ~u~ i~ ~~px®~~~.~' ~ ib~d e~x~yr ~r~~~a~~ inn i~ x~~~3.x~~d ~~;air~~~ ~b~ ~b~~~ d~~~a~ ~ ~ ~ ur~ti~. ~~ae ab~v►e ~a~~rib~c~ ~n~+~+~, ~nr~ . aid ~.~px~~~m~~~~, ~.d a~~~~din~ d ~~~C~xr ~b~re~r~ ~~e ~~l~y ~b~~~.u~~ end ~~~.d~~~r wh~~ ~k~i~ d~~d ~h~~~ b~~~ ~I~s~~ ~Y' hand ~u~a~r 'TB~~,~ th~~ 2 ~t~ day ~Ta~~.a~yr .~9~ . Wit~~~~ x~~~~t C~~ar~~ox~ ~ ~ r~.r~k~au a~~.~.~~ ~ddx~~~ ~x~x~~~~p ~'am~ t ~dd~~~~~ ~ ~d~nen t ~ s~°~~°~ a~ a~~n~~i~d~ed b~~~xe ~n ~h~ d~Y '~h~i~ ~f ~ax~uaryr x.994 by ~'~c~~ ~xi~~C~~~ ~T~~~~y' ~ ~~~n~~d ~ ~ ~ r • ~~n F . Logan. and haul ~'ub~~ 35Q`~ ~ol~an~.~ ~3 Pa~~, '~~~a~ 7990 ~ r w ~ ~ 4 ~ 3~ acze tract .and aut of a 9~~1y~ acre tract $EZN~ a . ~ ve ed to Orr as ~reCe~rded in a Trustee Oeed in Va~.vme can, y Texas, 7~~, Page ~S~ of the Ueed records of Wanton ~o~antyr id tract ~.n ~.n the James severe Surrey AbstxecG . sa Y ~ ~ ire ~entan County, Teas and being mare p$r+~~.eularl.y described as fal,].ow~; Eeg~,nning at the ner~:hwest corner of said err tract and sa~.d severe purvey; THENCE N 8~°~~9' ~1,"" E slang the Werth ~.~.ne v~` s®id ~xr tractfax ~C7~.~5 feet to the northeast earner o~ said Orx tract, ssme being the weft .one o~ the Texas and Pacific ~ai~.xoad x~.g~rt~-v~~-way; THENCE S 31.°~~'~~'t W a~.ong sa~.d crest line and the east ~,~.ne of said qtr tract fox ~~0,~8 feet to a pQ~.n~,; THENCE S ~b~S3' GS'' W cant~.r~u~ng along sa~,d i~ne far ~5b. ~5 feet to a paint, THENCE S H9°~~' ~4"r iW for 5~H ~ ~ ~ feet to a point; T1~EhICE N O~°3~"~a"" W f ox 4~~ ~ 2~ feet to a po~.nt THENCE 5 8~°~9 t W for 1~~5,~~ feet to a ~ paint on the said crest line o~ the ~lxr bract ar~d severe Suxvey ~ THENCE N OD"~~'3Q" W a~.ong saa.d pest line fox 30,aD feet to the ~'Q~NT CP EEGINNxNG and C4~#TAiN~I~O 3~~,537.b5 square feet ~ . or 7~~~~ scree of land more or ~,essp i I off" .~~~~~1~~~~ ~ ~ f,..4 f ~ { f~ ._..,.._._.T.... " _ ;~~qir .:1~~~,7 1~.A~R~~i'1"~ ~1~~~ ~ufe; October 1~, l99$ Grarntor► 1~~N F. LOGAN and wife, FA~I'RICIA A. L~GAN ~rantc~r'a l~llailing Address ~lneluding eaunty~: ~~N F. Lt~Alwl ~9~7 Bonnie brae Ar~~yle, T~ 7f~~~~ Benton Caut~t~ PA`CRICIA A. LpGA1~ ~i~G'~ bonnie l~r~ Aargyl~, T~ 7~22b Penton County ~ranteea PA[~G TC~p1~S and wife, TAMMY C~. TU1~~S ~ran~'a l~nlling ~►ddre~ 41nclc~ding eaunty~* ~~AUG A. Tt~1~1~5, G9~5 bonnie brae Axgy~e, T~ 7~22~ l~erctan County TAMhdY TU~~~ ~~G~ Bvnnie ~~e Ar~rle, T~ '~G~~~ 1~entQn t'oc~nty ~'~N AN R Nil l a~ D~l~,I~AC~~ and other food and valuable Consxde~ral~an~ cot~sideratian, ~'rupert~+ ~lnclucling, any Imprave~ents~; All that certain fat, trnct yr parcel o~ land situated in the severe Surrey Abstract Number l l~, lien#on County, Texas, eantait~jng 4, act'esofland, and be~ngmore full set forth and described ire exhibit "A„ which cs attached'hc~ty and rnad+~ a p~ Y hereof far atil purposes. ~c►scrvmtaQns 'ram and ~xeeptions to ~'anveyance and warrafl~y. " met~ts ri hts~of~wa , a~~d pYCSCriptive rights, whether of record or not; ali base ~ Y liens a~xd conve antes, that affect the property, presently recorded indents, other than ~ y #axes l'ar the current year, the payment of wl~rcl~ ~xrantee assumes. far the consideratic~~~, receipt of which is aclt~tc~wlc;d~ed, and sub ject to the ~ ~ Grantor, on~ve once and warranty, pants, cells and ~;arnveys to ~ rc~e~~vatiox~s Born and exceptions to c y . r nets thereto in _ ~ ~ - . - ~ ° ; Grantee the prope~y, ta~ether ~itl~ all and s~n~ular the ra~hts and appurte~~a _ - - _ , ~ . wise belatr ~ia~ , to have and bald it to Grantee, ~nrantce's lxeirs., executor, adrntntstrators, ; ` . . ~y ~ ~ ~ s f never. Grantor binds Granter and Grac~tor's heirs executor, 1 , _ , successors or a~ss~~n , o ini trators and successors to wan`aut and forever def enti all and singiclar the property to , acltn s Grantee amd Grantee's heirs, executors, adn~inistratars, stc~easars ~~d ass~~s a~;atnst every - e ; an whomsoever lawfully clai~►~in~ or tc~ claim the same or ~~y part the~'eof, excep# as to P k f~ 1 '~'r ! the re~t~rvalic~t~~ from and exce~~iar~s to corive~~nee and warranty. whin the ~~~~#ext regt~lre~, sin~;uular nuns and pronouns inolude ~lura~. IDi~N l: ► la4~A . !'AT~~~IA A, LEAN AC~N~3~V'~~~~M~N'T ~~~rr~ A ~iAl~4a~ ~~ulv~~ ~r ~ as ~k~owl~d ~d he~o~ tue apt , 1~, ~y 1~(~N l{. iustr~~~met~t urr a ~ LQ~AN~. ~'~e,w•';'' ' i ~ w ~ ,,r. ~ Notaty Public, '~tat~ of "l exas ~ ,..;•a ► ' ~►~~1~~?'V4~~~U~1~lEN7' ' was ac~tn~wl~d ed hefc~r~ me on 1998, by PATRIC:IA A, This ~ns~ent ~ ~J4~►AN~ ~y, ti ' ~G~I~i~r~~fiBx~ r~ ; ~ , . Notary l~ubl~c, State Qf Texas 1 J.,.Srq~ ~ • ~.n. r,~r H PI~EI~AI~Ep IN THE 4~Fl~lCE OF. L. A. Nelso!~ l O t South I.~~ust, Suite 701 - . AF''CEI~ l~E~'~R[~INC~ ltl+:T~1ltN '['lJ~ Mr► and Mrs, Paul A. 'l"ul~bs . . bonnie l~xae ~ Argyle, 'l'}~ 7~22G . y l G. i ~ 't that certain iat, tract ar parcel Qf land sihtated in the Severe Survey Abst~ct BElN~ a~11 , 1~~ I]enton ~:o►ntt , '!'exas, being a of that ccr#ain tract of land conveyed i~Y Number I m Sack Eriekson to Dan Fs Lo~sri et ai recorded under Cleric's Fite Number deed fro e pro a Records, Benton Jaunty, ~!'exas, and being mare particularly ~.oo ~ a~~3, ~ a~ p ~ described as follows; t fence corner far cr~rner in the west line of the Texas and l~aci~c , Cp~iMENClN~ a a ' ~f-wa said air~t being the southeast canter of that certain tact of lend Railroad right ~ yet et al tQ Burch recorded in 1lalunte conveyed by decd from Robert F. ~aleng page 137, deed Recdrels, Penton Cuoattty, ~'exas; A 9' 31 " w 17b.~5 feet with the saa~tl~ line of said lurch tract to an Iran rod T~IENCE S S~ 4 set far P~~C~ B~~INNINC; THENCE S p0° 31' 49" ~3~,36 Poet to an iron rod set far carnet; ° ~ ; ~ t" w ~3~.7~ feet tQ an irntt rod set fvr carnet in the east line of that Tt-IENC~ S g~ ~ ` f land s~nv ed by deed from tennis Wayne Smith and wtife, wtny ~rtatn Fact a " Yawn cr re~rded under ~`ietk~s File Number ~7~R~~~~, Real Property Stnxth tc ~css l~ecards, Denton bounty, Texasr . Qa° ~3' 30"'~ ~ 1.39 feet with said east line of said Yaung~er tact to an iron THFNC~ N t rod found far earner, said point being the northeast corner of said Younglcer tract; ' C ; S 8~° 49' 3l" w,1~~5.D~ feet wf th the north line of said Yaurtgker trnct tea an 1 BEN l" found far comer in Bonnie Hrae, a public roadway, sued point being the northwest Stan Sod corner of said Youngk~' tract; E ~1 aU° 3~' S3" 1~, ~~,g ! i'cet with said Earinie Brae to atY iron rod found far corner, TI~ENC ` in the southwest canner of that certain tract of la~~d conveyed by deed foam said point g ki worth aa~d Fa a Marcille Skipworth recorded Robert J. ~irurinai~, Trustee t+o l~.ahert E. S p Y in Volume g l 4, Wage "BBD, Geed Records, Dcntota County, Texas, ~ N ~9' 3 E, pass at 1717.4 feet tl~e southwest Ater of said Burch tract, a 'THENC of 19~3,:t8 fact with the south line of said 5kipwarth and Burch tracts to the total distance l'~ACE BE~INNIN~ and containing ~.~~U acres of land. f,~~:. r w. ~ a Ct~~~t~n ~~4~L~t~~: L~ ~?~~t~ ~~t~:~C~~j " ,a ~ - ,J S S ~ - • a Fib 04 2010 1.10 CITY OF DEMTOhI 9~0382'~023 p,l .After recording return to Jennifer falters City S ecretary 215 E. McI~.inney Denton, T~ 76~~ 1 C T~~ ~1~ TLxAS LAL ~(~vERNN1ENT CtI~E N~lN-ANNExATIC1N A~~M~~'T This A~reernent is a tered into pursuant to ~eotian ~~2. ~?2 Tee, Low ~rav3t Cade by and between the Cif of enton, Texas the "City') and Tharnas Ni. McMurray ~"~wnexs"~, the pmPe~Y owners of th herder described proper~r the "Property"j in Denton County, Teas, sameti~rnes individual) or collectively referred to as "Party" ar "Parties": Bezng 6,~6b res of land, more or less, situated in the James Severe purvey, Abs~a~ct No. ~ 1 ~4, D tan ~ ~aun~r, Texas, and being more fully described in that certain Corrected ~e erg Assumption warrty Deed corrected vin January 11, ~~10, but effective Dece ber ~ ~~Q~ from Relah~nann Hill$ of Argyle, LLP to Thomas M, McMurray, f l d for record on January 1 , 20l 0 and recorded in Instrurn.ent Number 2Q14#~92 ~ of a deal property ~.ecards of Denton County, Texas, laid ~.22~ $cres of land, more or 1 ss, i~ convmoniy l~nowr~ ras DC.~,D }'r~p~rt~ 1~ ~ b~~3Q. ~A~"E E~GEFT: Q.Q34 acres of land, mare or Tess, previously conveyed by Danati n Deed dated April 7, ~~QS from Reich~nann ~itls of Argyle, L.L.~'. to Denton County, Texas, filed far record on April 12, ~OQ~ and recorded ~ ins ~ nt dumber 2~QSM4~G53 of the Red Property records of Denton County, Texas. wHEREA~, t City has given notice of its intent to institute annexation proceedings far the Property in a~ccar ce with Tex. inc. Crov~t Cade ch. 43; and ~~AS~ ers desire that the Property ren~n. the City's extrate~itariai aurisdiction ~"ET~'~ fa the term of this Agreement; f ~REAS~ ers and the City acl~o~ledge that this Agreement between them is hin~g upon the City d the Owners and their respective successors and assigns for the term of the Agreernent~ wH.EFEA~, a Denton County Appraisal District records show that the Property currently is apprai for ad valorem tax purposes as land for agricultural or wildlife management use, ar ti ber land pursuant to Tex, Tax Code chapter 23.C, I], or E; and w~iEREAS, wNERS represent that it is their intention not to develop the Property during die term of this greement; ~a~nd 1 WHEREAS, Tex, Lac. Crav't Cade section 43.p3~ authari~es a ra owner and a p ~ municipality tQ enter i to ~n agreement pursuant to Tex, Loc. Gov't Cade section ~ l z. l 7~ for purpQSes of retaining land in the municipality's ~TJ in exchange for the property owner's covenant not t4 devel p tine property and to authorise the municipality to apply development regulations not inconsi ent with agricultural use; and i WI:iT 1 U i ~ q ~ ~ ~ I I Fib 0~ C0~0 ~?;~0 O~TY OF DEMTOM 94082?9~3 p,2 i w~~r.E,AS, a Patties are desirous of entering into an agrccn~ent authorized under Tex, Loc. Gov't Code secti n 43~.~~ S; and t wHE~EA~? ~ ~ `s Agreement is to be recorded in the Real Property records of Benton County, Texas; THE FGA, in consideration of the rnutus~. covenants conta~.ed herein, the Parties hereto agree as follows Section l , C ntinuation of ~TJ Status. The City guarantees the ntinuati+on of the ex~rate~torial status f ~e Property and agrees not to annex the Property for the term of this Agreement, as hereina er de~.neda and any subsequent renewals as may agreed upon by the Parties, subject, howe r, to the previsions of this Agreement, 4 Section De elo ent Plan The Owners covenant and agree that use of the Property fer the term of this A reernent and any extensions agreed to by the Parties shad be limited #a farm-related and .rant ~rela~ed uses and customary accessory uses, and single~farnily detached farm er ranch dwelli s, provided that na single~fanuly dwelling may be located or constructed on a lot smaller than fi a acres, The property owner may apply to the City far division of the farad subject to this A eernent into parcels, each of which is at least five ~5~ acres in size, for the purposes set Earth in is se~cfion without being in violation of this Agreement, Such uses and ac~vities constitute th development plan for the Property in satisfaction of Tex, Lac. GQV't Cade section ~12,1'l~~ t . Section 3. fro Re ulations~ The following City regulations shad apply tq any development of the operty, as may be amended from time to tune, provided that the application of such r gulations does not result in interference with the use of the land for agricultural, wildxife ag~ment or forestry purposes and does not prevent the continuation of a use established prior t the effective date of this Agreement and which remains lawful at the time the Agreement is exec ted: ~ 1 ~ ~o ng standards contained in the Denton Development Code ~"~~C"~, as ame ded~pursuant to The Denton Puny 1~~~~~0~~, as amended including but not limned to the (RD-5} ,honing Dis#rict regulations, and standards Inca orated therein ~2~ The ~ subdivision and development regulations contained within the Denton . Dew~lopment Cade, as amea~.ded, together with applicable Design Criteria M s including canstruct~an, drainage, site dosign, solid waste, trap pQrtation, tree protection stand~ar~ds, and water~wastewater~, Denton Mvl~ility Plan and other approved Master Plans of the City of Denton, Te~cas, and ~he Forth Central Texas Council of Governments Standard S ci~caki+ons for blic warps ~Constructian, North Central Texas, 3rd Ed.19~~ (NCTC~IG Mar~uaX~. 2 i Feb D~ ~Q 1 D ~'7: ~ 0 ~ I TY OF DE~ITOM ~40~D~?9~3 p. 3 De Lori building codes? as contained within Denton Cade Chapters 1 and. end ~llbChap~el' a~dopting; ► Tnterjr~ational ~uidi~g Code, ~~d Edition with local amen~d~ments; / Internation~ Residen~al Cade, ~~4~ Edition with Appendix ~ and local amendments; The ~ternational Fire Cade, 2D~~ Edition with local a~nend~nents; Tnternatior~l Plumbing Cade, ~a~~ Edition with local amendments; Tnternatianal Fuel has Code, 2~0~ Edition with local amendments; International Mecha~ucal Code, 2~G motion with local amendments ~ . fade of Ordinances Cho ter ~ 7, Denton Prv a Maintenance ~ p P Codes as amended; International Energy Conservation Dade, 20~~ Edition with regional amendments; hlationai. Electric Code, ~0~~ Edition with local arnendrnents, National Elec#~c safety Cvde, 2~4~3 Edition, with regional an~end~nents; Mia~imuxn housing and budding standardsa Denton Code §~Zg-~$3 43 7 ar~d § ~ t 7-~ ~ l 2 i as amended and as applicable; Irrigation Standards, Denton Cade ~~28-441 _ 457; and Moving Buildings, Denton Dade § §~8-~~6 37,x; Sigh regulations, as contained within. Subchapter l 5 of the DDG, as amended; (5~ Ap ~licable water and wastewater can.nection, construction and on~slte i 1 N . ► ope ataon requnrements! canta~ned w~th.~n Chapter of the Denton Code of Or ces, as amended, and subchapters l ~ and ~ I of the DDC, as amended, the ~ Den~nn water and wastewater Criteria Manual, as amended, and as sup lemen►ted by the Texas dater Cade, as amendedx Texas l~fiatural Res urces Code, as amended, Texas Utilities Code, as amended, and app icable adrni~istra~ve standards of the Texas Commission on Env, ronmental ~uali= as amended; ~ A ~licable Flood Protection Drains a and related standards as contained P ~ g wi Chapter 3 ~ of the Denton Cade, as amended, and subchapters 17 through 19 of ~e DI]C, amended, the Dutton Drainage Criteria Manual, as am ded, and as supplemented bar requirements of the Texas "at~r Cede, as am ded; 'Texas Natural Resources Cede, as amended, applicable a inistrative standard of the Texas Con~ission on Enva.roumental duality, as mended, anal applicable administrative sndards of e Federal Em~rgency Management Administration, as amended; and ~ Cris; 'Fell platting, dr~lluzg and production standards, as contained ~n ~3 S l I ~ and subchapter of the Denton Development Code, as amended 3 Feb 04 X010 1~: 10 OITY OF DEh~TOf~ 94038~'70~0 ~.4 and as a liable, and as su lemented b re uir~aents of the Texas Utilities PP pP Y ~ Cn~e, the Texas Natural P.esaurces Code, the Texas water Code, and applicable administrative standards of the Texas railroad Cornrr~ission and Texts Can~mis~on on ~nviron~nental C~uality, as mended. Section 4. ~ v l rn nt Plant R 'n i ~ ' e a e a en~a~ u ~~ect. Fvllovv~ng tern~~nat~or~ of this .~greemer~t far any reason, the Development Plan set forth in Section ~ shall remain. in effect for a period of l g~ cale' dar days thereafter, or until the effective date of the annexation and perma~aent zoning of e Propearty~ whichever first accurs~ The Parties covenant and agree that the City may deny and development application or plan of development that Is subn~atted to the City for the Property 4 during such period if such application yr plan is incot~istent with the Development Plan. ~'he +~wners ex ressl waive an vested ri ~ that mi t +atherwise arise F ~ ~ ~ under local ar state lave, or by common law, from the submittal of such inconsistent development application' The ~3wn~rs further agree that no use commenced or completed on the Praper~r ~ is inconsistent with the development plan shall be considered established or inexistence pnQr to the expiration of the 1$~-day period during which the Development Plan is in effect. 1 1 Sec~,on A ~ e~nent Deemed void ~ P ~ volun annexation. 3 ~A) tf an er files any application or plan of development for ar otherwise cona~m.ences develapm nt of any portion of the Property inconsistent with the Development Plan provided in Section ~ections l a.nd 3 of this Agreement shall thereu an become null and void, P There~er the City nay i~.tiate annexation of the FrvFe~Y Pursuant tv Tex, £~oc~ Gov't Cade $ubehapte~ C-~, or other such athcr provisiaris governing voluntary annexation of land as may then exists Owners expressly and irrevocably consent to annexation of the Property undex such circurnsta~ces. Owners further agree that such annexation by the City shalt be deemed voluntary, ar~~ not subject to the requirements and procedures for an annexation plan, as required by Tex, ~ vtt Code section 43.~5~, or successor statute. Section No ice of Sale. Any person who sells or conveys any porrtion of the Pnaper#y shall, prior to such s e or +~anveyance, give ~0 days written notice of this Agrcem.ent #a the prospec~.ve purchaser or grantee. ~ copy of the notice shall be forwarded to the City at the following address. City of I~en~n, Texas ~.TT"N; Direc~r of Plann~c~g and Development 2~ 1 ~lrn Street Denton, T~ '~~~Ol Section Rec rdin , This Agreerneut is to run with the Property and be recorded in the real property records, enton County, Texas; Section S. Sev; bilit , Invalidation of any provision of this Agreement by ~uclent or court order shall nit validate any of the remaining provisions which shall rcma~ in full farce and ~ff~~ta 4 i Feb 04 X010 10 0 T TY OF DEhITO~I 9~038~`~9~3 p, 5 section Re ~ edies, This Agteenae~t may be enforced by either Owner or the City by any proceeding a# laws 4r ~ equity. Failure to da sa shad not be deemed ~ waiver #o enforce the pro~.sians of this Agrderne~t thereafter. Entxy into #his Agreement by owner waives na righ#s as to matters not address~d in this A ement, ~ectaon 1 C an a in Law, ~o subsequent change in the law regaarding annexation shall affect the enforceabili of #his Agreement or the City's ability to annex a properties covered herein pursuant #o ~e+c~ian ~ectxan 1 x, V ~nue. Venue for this Agreement shall be in Denton Jaunty, Texas. ~e~ian l~. E eeutian in Multi le Ca ies, This Agreement may be separately executed in individual caunterp~rts and, upon executions shall constitute one and same ~vrnent. ~ectian 13. T an Extension. The initial term of this Ag~eernent shall be far a period of dive ~5~ years from the Effective Date the "Term"~. The Eff~tive Date of the Agreement shall be the date the greement is executed by the City. The Term may be extended upon mutual agreement of a Puarties. ~eedon 14. S~r°vi~al of ,C~yenants. The covenants in Seatians ~ 4 shall survive terxr~inatian of bus Agreement, together with any other pr~o~risions, as may be necessary far the implementation oftho~e sections. The Parfies hereto have executed this agreement as of ~Ol q. ~vners 1 Thomas M. Nicl~urray TAE C~T~ CAF DENTUN, TE ~y; City ger, Deputy City alter, or Designated Repxesentutive E 5 I Fib 04 X010 1?'s 10 CITY OF DEhITOM 94000'7523 p.0 THE STATE ~E TE~A~ ~ . C~J~T~Y ~F I?ENTC~I~ ~ ~ M Th~S ~nStrumenc was aCkn~w~~dge~ before me on ~e LLLIfIJJJ"555 day ~ f c X01 by Thomas M. M Murray. 11,~Y+1ffl! i e SEAN A, WINNER F ~ MY C4MN11SSIDN ~XPI~~a ~ ~~;T~` ~ov~mber ~6, ~~1~ Nom ~ub~ic, Sate of Texas THE STATE ~E TE~A.~ ~ ca~TY aF DE~T~~ ~ ~ ~ '~ys ~nst~u ent ~v~as a ~ kno i fed bafo ~ _~"~he ~ _ day d l~ by .Manager eputy ~~ty Masag ~rlDe~ignated Represents , on be~i~`of tie pity of Denton, Texas. r r ~ ~ ~ J~NNIF~R K, WAI~~RS ~d"y ~ .~C, St~~ of'~~xas tiw°O~F'' ~~p~~i Notary Public, Sate a# Texas 1 i ~ My ~ommissiar~ ~x~lres :,n~, , .,~~,~r~' ~e~~mber ~i 9 X01 ~ I1rj~d 441t~~ r ~ APPR~V~D AS T~3 ~~AL FC~RM~ ANITA ~CIR~rE~S, ~~TY ATT~R~1,f.E~ ~,....,,.,.~x.~. .,~''r" ~ l~ I i After reco~•ding retul~. to: Jennifer wafters City Secretary 215 E, Mcl~inney Denton, T~ 76201 CHAPTER 212 TEXAS LGCAL GOVERNMENT CODE NGN-ANNEXATION AGREEMENT This A reement is entered into ursuant to Section ~ 12,172 Tex, Local Gov't Coder b and g p Y between the City of Denton, Texas the "City"~ and David P, Norris ~"Gwners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 5.978 acres of land, more or Less, situated in the James Severe Survey, Abstract No, 1164, Denton County, Texas, and being more fully described in that certain Assumption warranty Deed dated February 11,1993 from Bert Gibbs to David P, Norris, filed for record on February 24,1993 and recorded in Volume 3455, Page 210 of the Real Property Records of Denton County, Texas, SAVE & EXCEPT: O,SSO acres of land, more or less, situated in the Jaynes Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Donation Deed dated February 12, 2005 from David P. Norris and Kathleen Norris to Denton County, Texas, filed for record on March 2, 2005 and recorded in Instrument Number 200524107 of the Real Property Records of Denton County, Texas. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch, 43; and WHEREAS, Gwners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Gwners and their respective successors and assigns 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, GWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43 , 03 5 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Cade section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.03 5; and i~IT 1 ~ ~wHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NCW, THEREFnRE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows; Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Develo meet Plan. The owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling maybe located ar constructed on a lot smaller than five ~5}acres. The property owner may apply to the City far division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172~b}, Section 3. Governing Re ulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does nat 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 ~NCTCCG Manual}; ~3} Denton building codes, as contained within Denton Cade Chapters 17, 2S and 29, and DDC Subchapter 24, adopting: 2 a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, ZDD6 Edition with Appendix G and local amendments; c. The International Fire Code, ZDD6 Edition with local amendments; d. International Plumbing Code, 2006 Edltlon with local amendments; e. International Fuel Gas Code, 2406 Edition with local amendments; f. International Mechanical Code, 2046 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h, International Energy Conservation Cade, 2006 Edition with regional amendments; i. National Electric Code, 2DD5 Edition with local amendments. j. National Electric Safety Code, 2003 Edltlon, with regional amendments; k, Minimum housing and building standards, Denton Code ~§2$W3$3 43 7 and ~ ~ 17-141- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§25441- 457; and m. Moving Buildings, Denton Code ~~2$-326 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on~site operation requirements, contained within Chapter 26 of the Denton Code of Grdinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as su lemented b the Texas water Code as amended Texas Natural Pp Y s } Resources Code, as amended, Texas Utllltles 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 34 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, as contained in X35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and 3 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 84 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 184-day period during which the Development Plan is in effect. Section 5, A reement Deemed Void in Part Volunta Annexation. ~A) If an owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon 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 governing voluntary annexation of land as may then exist, owners expressly and irrevocably consent to annexation of the Property under such circumstances. Dwners further agree that such annexation by the City shall be deemed voluntary, and not sub jest 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 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 following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, Tx 76201 Section 7. Recordi~. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilit~.lnvalidation of any provision of this Agreement by judgment or . court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. 4 Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Uwner waives no rights as to matters not addressed in this Agreement, Section 10. Chan e in Law, No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11, Venue, Venue for this Agreement shall be in Denton County, Texas, Section 12, Execution in, ,Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension, The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"}, The Effective Date of the Agreement shall be the date the Agreement is executed by the City, The Term may be extended upon mutual agreement of the Parties. Section 14, Survival of Covenants, The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreement as of , 2010, owners David P, rris TI3E CITY aF DENTON, TEAS ~y~ City Manag r, Deputy City Manager, or Designated Representative 5 THE STATE QF TEXAS } COUNTY 4F DENTQN } . This instrument was acknowledged before me on the , day of ~ ~ ~~Y , 2010, by David P, Norris, ~pHA~I~ ~Y~MM~as PVC`%`'S~ tary Pubyia: 5tat~ ~f T~K ~ ~ 1 ~loM~ ~X 1x85 ` mm15sion P ' ?q13 s•,~,',~~~,t*~; FebtU~~Y t9{ Notary P lic, State of Texas rNlft«1►~~ THE STATE OF TEXAS } COUNTY aF DENTON } This instru ant was ac owe ed before n~~t day o ,20~ by ' Mana rlDeputy City Mana rlDesignated Representa e, on behalf of the City of Denton, Texas. N t y Publ` tate of Texas ~,,,~~,prAre•,, JINN}FAR K. WAl,1'~~S Notary Public, State afi Texas ,j~ti My Cammission Expires r~~",;~Q~iE;►``~ December 19, ~0~~ r~~~sti~~ APPROVED AS TG LEGAL FARM: AN~TA BURGER-~~C~TY ATT~ Y ~~x° BY: Af1e~• recording return tc 6 s;lour documentslmiscellaneousllOlannexationsljoseph & donna spears non-annexation agreement 3.154 ac.doc Jenl.7.l.fer welters City Secretary 215 E. I~IcRi.nney Denton, Tx 76201 CHAPTER 212 TExAS LGCAL GOVERNMENT CGDE N(~N-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 Joseph A. Spears a~kla Joseph Spears & Donna D. Spears ~"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 3.154 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain warranty Deed with Vendor's Lien dated March 4, 1993 from Leslie Farmer to Joseph A, Spears and wife, Donna D. Spears, filed for record on March 11,1993 and recorded in Instrument Number 93-R0014019 of the Real Property Records of Denton County, Texas. SAVE & ExCEPT: 0,3769 acres of a called 0.775 acre parcel of land, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being described in that certain Donation Deed dated February 10, 2005 from Joseph Spears and Donna D, Spears to Denton County, Texas, filed for record on March 2, 2005 and recorded in Instrument Number 2005-23935 of the Real Property Records of Denton County, Texas, The remaining 2.7771 acres of land, more or less, is commonly known as DCAD P~o~er~y ID 166564, 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 Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records Shaw 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, GwNERS represent that it is their intention not to develop the Property during the term of this Agreement; and wHEREAS, Tex, Lac, 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 1 ~~1T 1~ L-=~- s;laur documentslmiseellaneousll0lannexatiansljasep~ & donna spears non-annexation agreement 3,1 S4 ac,doc covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and wHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; Now, THEREFGRE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1, Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2, Develo ment Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-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 212.17~~b}. Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~1} Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan,1999-ZO2o, 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 2 s:lour documentslmiscellaneousllQlannexationsljoseph & donna spears non-annexation agreement 3,154 ac,doc fox Public Worl~s Construction, North Central Texas, 3rd Ed,199S ~NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting; a. International Building Code, 2006 Edition with local amendments; b, International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with Local amendments; d. International Plumbing Code, 2006 Edition with local . amendments; e, International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g, Code of 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 §~2$-3$3 - 43 7 and § ~ 17~ 141- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code ~~2$-441-~ 457; and m. Moving Buildings, Denton Code §§25-326 _ 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on~site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas 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 s:lour documentslmiscellaneot~s1101anne~catiansljosepl~ & donna spears non-annexation agreement 3.154 ac.doc ~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 duality, as amended. Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 18D calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Uwners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 18o-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. ~A} 7f an Gwner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B~ Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. owners expressly and irrevocably consent to annexation of the Property under such circumstances. Gwners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43,05, 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 ~Z 1 N. Elm Street f Denton, T~ 7601 Section 7. Recording, This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. 4 s:lour documentslmiscellaneousl~Dlannexationsljoseph & donna spears non-annexation agreement 3.154 ac,doc Section S. Several, Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect, Section 9. Remedies, This Agreement may be enforced by either owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter, Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11, Venue, Venue for this Agreement shall be in Denton County, Texas, Section 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 sha11 be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties, Section I4, Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary far the implementation of those sections, The Parties hereto have executed this agreement as of , 2010, owners ~ ~ J Jae A. spears ~r Do a D, Spears 5 s:laur dacumentslmiscellaneousll0lannexationsljasepl~ & donna spears nan-anneYatian agreement 3.15 ac,doc THE CITY OF DENTIN, TEAS ~y: City Manager, Deputy City Manager, or Designated Representative THE STATE QF TEXAS } COUNTY OF DENTQN } This instrument was acknowled ed before me on the da of ' g Y 2410, by Joseph A, Spears. ~sr~~ .r~$ Notary Public State of Tax ~ ~ ' r~ IWY GIMI~~IAN ~)«i~~~ ~ ' ~..K Notary Public, State of Texas f .s.v?~: ' THE STATE OF TEAS ~ ~ Natary Public state at rex } ~a DIY CD~AMIBSI~N ~xPt~~S COUNTY OF DENTON } t This instrument was acknowledged before me on the day of ~ , 2010, by Donna D, Spears, i N71 ,r F f y 'S1ata of Yax Notary Public, State of Texas ~ } ~ THE STATE of TEAS ~ ~ ~~y ~~~~~T~~~ arc Notary Puhllc State of T®x1~ ~v coli~Mts~to~ t»x~t~~~ COUNTY OF DENTON } ~ ~e ~ ' , is instrume ±was ackno led ed before rye ~wthe-y day o ~ . ,24 by ~ anager eputy City Mana erlDesignated Representativ ~ n behalf of t e City of Denton, Texas, ,,a1M,~ y ~Y~ J~NNII;~Id K WA~T~RS N t r Publi State of Texas Natary Public, State a~ Texas ` ' " My Cammissian expires ~r''%►;a; December 19, ~0~ p 6 s:lour documentslmiscellaneaus1101annexationsljoseph & donna spears non-annexation agreement 3,1 S4 ac.doc APPROVED AS TO LEGAL FORM; ANITA BURGESS, CITY ATTGR~EY _ ~d 7 After recording retur~~ to a s;lour documentslmtscellaneous1~01annexationsl'ose h & donna s ears non-annexation a regiment 4,I40 ac.dac ' ~ ~ p ~ Jennzfer Walters City Secretary 215 E, McKinney Denton^ T~ 76201 CHAPTER 212 TExAS LOCAL GOVERNMENT CODE NON~ANNE~ATION 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 Joseph A. Spears alkla Joseph Spears & Donna D, Spears ~"Owners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties"; Being 4.140 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated November 17, 1995 from Jack Erickson to Joseph A, Spears and Donna D. Spears, Bled for record on November 21, 1995 and recorded in Instrument Number 95-R0072993 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT; 0.3 9 S 1 acres of a called 0.775 acre parcel of land, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being described in that certain Donation Deed dated February 10, 2005 from Joseph Spears and Donna D, Spears to Denton County, Texas, filed for record on March 2, 2405 and recorded in Instrument Number 2005-23935 of the Real Property Records of Denton County, Texas. The remaining 3.7419 acres of Land, mare or less, is commonly known as DCAD Property ID I6685~. ~VHER.FAS, 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 there 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 authorises a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 far purposes of retaining land in the municipality's ETJ in exchange for the property owner's 1 f1T a ~ 1 6 f & 0-0 s:lour documentslmiscellaneous11~1annexatiansljosep~ & donna spears nan-annexation agreement x.140 ac,doc 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 4f entering into an agreement authorized under Tex, Loc. Gov't Code section 43.435; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NCw, THEREFGRE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Cantinuation of ETJ Status, The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and singlewfamily detached farm ar ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five ~5} acres, The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc, Gov't Code section 212.172~b}. Section 3. Governing Regulations, The following City regulations shall apply to any development of the Property, as may be amended from tune 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,1999-2024, 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 Governaments Standard Specifications 2 s:lour documentslmiscelIaneous1101annexationsljoseph & donna spears non-annexation agreement x,140 ac,doc for Public works Construction, North Central Texas, 3rd Ed.1998 ~NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a, International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; d, International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f, International Mechanical Code, 2006 Edition with local amendments g, Code of 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, IVlinimum housing and building standards, Denton Code §§28-383 437 and § § 17-141- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28441-- 457; and m. Moving Buildings, Denton Code §§28326 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission an Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 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 s:laur documentslmiscellaneausll0lanne~ationsljoseph & donna spears non-annexation agreement 4,140 ac,doc ~7} Gas well platting, drilling and production standards, as contained In X35.16.19 and subchapter ~2 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Cade, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4, Develo meet Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 1 SO calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs, The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common 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 1 So-day period during which the Development Plan is in effect, Section 5. A reement Deemed Void in Part Voluntar Annexation, ~A} If an Uwner 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 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.~5~, 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 1 N. Elm Street Denton, T~ 7GZ~ 1 Section 7. Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas, 4 s.laur documentslmiscellaneousll0lannexationsljoseph & donna spears non-anne~cation agreement 4.140 ae.doc Section 8, Severability, invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect, Section 9. Remedies. This Agreement may be enforced by either owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter, Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. Section 10, Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11, Venue, Venue for this Agreement shall be in Denton County, Texas. Section 12, Execution in Multiple, Copies, This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension, The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"}, The Effective Date of the Agreement shall be the date the Agreement is executed by the City, The Term may be extended upon mutual agreement of the Parties. Section 14, Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary far the implementation of those sections, r. The Parties hereto have executed this agreement as of , X01 owners ~ r ~ Jo ph A, S ears Donna ,Spears 5 s;lour documentslmiscellaneous1101annexationsljoseph & donna spears non-anneYatian agreement ~,14Q ac,doc THE CITY OF DENTIN, TE~.AS ~y: City Mana er, eputy City Manager, or Designated Representative THE STATE aF TEXAS ~ COUNTY OF DENTON } This instrument was acknowled ed before m.e on the ~ da of g Y 20 ~ 0, by Joseph A, Spears. r , t ~ j, Notary ~ blic State of Tee r ~v co~Mi~sior~ ~x~iA~e Notary Public, State of Texas THE STATE ~F TEXAS ~ COUNTY CF DENTDN ~ r ~ This instrument was acknowledged before one on the da of Y 201 by Donna D, Spears, ~7p ~Y C~AIlYlN A~ Dt ~ c; ~ , ~ NQtaOy Public State of Tee e.. r ~a co~~e~ss~aN t~~~~A~~ r ~ ~ ~a~ ~ ~ + I'~ r Notary Public, State of Texas ~ .y 1. T~ STATE OF TEXAS } COUNTY OF DENTQN ~ This instrument was acknowledged before ej.. w the.. day of ,20rb, by City ~1Vtana rlDeputy City Mana erlDesignated Representa 've, an behalf of the City of Denton, Texas. N t ry Publ' ,State of Texas ,,++'Q~~~'f~, ~~NN1~~1~ K, W~II~~~ `a ,~p~, ,,91r~ r Nt~tary i~ubli~, ~C~te of Texas 'p ;y My Co~t~lasl~M ~x~lres r iH~ ~ ~ ~~~~rri~~~ 1~, ~pl~ ~f~r~►! 1~NIt°, 6 s;lour documentslmiscellaneousl101annexatiansljoseph & donna spears nan-annexation agreement x,140 ac,doc APPROVED AS T~ LEGAL FURM: ANITA BURG~S~; CITY A _ RNEY .r~''"~~Y~W y _~.-m e ~ r` i 7 After recording return t~~ Jennifer wafters City Secretary 215 E, Mc~inney Dentonq T~ 720 CHAPTER 212 TEAS L(]CAL GUVERNIVIENT CQDE NGN~ANNE~.ATI~N AGREEMENT This Agreement is entered into pursuant to Section 2 2.172 Tex, Local Gov't Code by and between the City of Denton, Texas the "City"} and ~ ~ 1~t ~"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 ropert described in a deed to which is recorded at ~p vol. ~ age ~ ~ of the Deed Retards of Denton County, Texas, and ~ commonly known as Tax Parcel No. ,which is attached hereto as Exhibit A, consisting of ap roximately ~ acres of la d. i ~ ~ WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex, Loc. Gov't Code ch. 43; and WHEREAS, owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex, Tax Code chapter 23.C, D, or E; and wHEREAS, OWNERS represent that it is their intention not to develop the Property during the term. of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43,035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange far the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, tl~e 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: 1 = ~HI' Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to the provisions of this Agreement, Section 2. Development Plan, The Owners covenant and agree that use of the Property for the term. of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling maybe located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172~b}. Section 3. Governin Re lations. 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 Narth Central Texas Council of Governments Standard Specifications for Public Works Construction, No~~h Central Texas, 3rd Ed. 1995 ~NCTCGG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; 2 e, International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Grdinances Chapter 1.7, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 - 437 and 17-141 - 210, as amended and as applicable; 1. Irrigation Standards, Denton Code ~§28-441- 457; and m. Moving Buildings, Denton Code §~28-326 _ 375; (4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the .Denton water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Cade, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, as contained in ~ 3 5 ,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_ zn 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, 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 18o~day period during which the Development Plan is in effect. Section 5. A Bement Deemed Void in Part Voluntar Annexation, ~A} If an Gwner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section Z, sections 1 and 3 of this Agreement shall thereupon become null and void, ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-l, or other such other provisions governing voluntary annexation of land as may then exist. 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 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 N. Elm Street Denton, T~ 7601 Section 7. Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section. 8. Severabil ty_. Invalidation of any provision of this Agreement by judgment or court, order shall not invalidate any of the remaining provisions which shall remain in full force and effect. 4 Section 9, Remedies. This Agreement may be enforced by either owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section l o, Chan e in Lave, 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 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 Z, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreement as of - ~ owners THE CITY ~F DENTIN, TEAS By: ~ City Manager, Deputy ity Manager, or Designated Representative THE STATE QF TEXAS ~ COUNTY OF DENTIN ~ 5 r Th' ~nst~u nt was a owledged before me on the day of , ~ 20`, by tart' Pub i ,State of Texas THE STATE OF TEXAS ~ r``i,,``;~+~,p,,I+ ~ J~NNIF~R D. Au,QpM MY COMMISSION ~xpl~~S . COUNTY aF DENTC~N This ' stru was acl~n. le ed before me on the day ~~'~~~lG 20 , by ~ Lary Publ' ,State of Texas THE STATE CF TEXAS } :~'~~►~►►•R J~NNIF~A D. AI~,IDM MY COMMl5SI4N ~xpIR~S ~ duly ~o ~01~ COUNTY ~F DENTIN ~ ~ , This instrument was acknow ged before eon th dam ,20~ by City _-ana erl eputy City ManagerlDesignated presentative, on behalf of the City of Denton, s. ,~~~`~YP~;'~~, J~N~NIF~R K. WAI~~~S y ~ Notary P~bllc, State of Texas ,:y My Commission expires r,'~►~~ ~D~~ December 19, 2010 A ~~~~~_~-~=~~~~W~ tart' Pub 1 ,State of Texas APPR~~ED AS T~ LE~'AL FC~R M; ANITA BURC,,~,E~S;~ CITY AT NEY ~ w a.r . 6 i i a ' Sy';4 5 ~ SPECIAL CASH WARRANTY DEED .ri+r.rrr*..~rnwi r ri rr or~r..urrrw n.rrnorri~i wr.r...~.rr Date. September 13, 2000 Grantor: Mont L. Wilkes and Emrie A. Wilkes, husband and wife Grantor's Mailing Address ~ including countyy 14 Springfield Lane Argyle, Denton County, Texas 7 622 6 Grantee: Timothy T, Sutton and Deanna M. Sutton, husband and wife Grantee's Mailing Address ~rincluding countyy: 1 Lake Trail Drive Argyle, Denton County, Texas 76226 Consideration: TEN AND No/14~ DaLLARS and other good and valuable consideration. Property ~ includring any improvements ~ See attached Exhibit "'A. ~teservations From and Exceptions to Conveyance and Warranty: Easements, rights-~of way, and prescriptive rights, whether of record or not; all presently recorded instruments, other than liens and conveyances, that affect the property; taxes for the current year, the payment of which Grantee assumes; ar~d subsequent assessments for the current and prsor years due to change in land usage, ownership, or bath, the payment of which Grantee assumes. Grantor, for the consideration, receipt of which is acknowledged, 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 th rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee'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 claim is by, through or under Grantor, but not otherwise. Page of 2 - S~~cx~ Cox W~r~r D~~~ Wilkes/5uttonlCash Warranty Deed}~shw;Q913Q0~ When the context requires, singular nouns and pronouns include the plural. a Mo t L. Wilkes t Em e A. Wilkes ACKNOWLEDGMENTS sTATE oar TEXAS § COUNTY 0~' DENTON This instrument was acknowledged before me on September 13, 2000, by Mont L. Wilkes. 'f1 • ~a~~pY'L8<I~ 5JZANN~ H. WiL4~(NSON , * * Notary ~ub!!c, Slate of Tens st *y My Comm, Expires 5-~-20g1 t.~.~ ~rf°`~~~ Notar Public State of Texa s . STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on September 13, 2000, by Emrie A. Wilkes. Y h °`~~Y p~~r*~ SJZANNF N, WIL~fCNS~N * * Notary Public, Slate of Tens ~ , y M Comm, Ex ire 8.8-2001 ~ p ~ ~ Notary Public, State of Texas ~f~~'t af{~~r ~ ~ t r-,-;,. f ri..~ t. PREPARED IN THE OFFICE 4F: Kelsey, Kelsey, & Collister 2225 E. McKinney St. . Denton, Texas 76209 AFTER RECORDING RETURN TD: T~.mothy T. Sutton P.O. Box l36 Argyle, Denton County, Texas 76226 Page 2 of 2 S~~C~~, CASx ~N~ D~~n (Wilkes/Sutton/Cash Warranty Deeds (shw; 09.300) E~~HIBIT r~~rr BEING all that certain lot, tract, or parcel of land situated in the William Roark Survey, Abstract Number 1087; Denton County, Texas, being a part of that certain tract of land conveyed by deed from Dale Schluter and Bennie G. Snider, Co-Trustees to Robert Coston et al, recorded under Clerk's File Number 93~- R00$9$96, Real Property Records, Denton County, Texas, and being mare particularly described as follows: COMMENCING at an iron rod found for corner in the South line of that certain tract of land conveyed by deed from 188/Denton Joint Venture to Denton County Joint Venture, recorded in Volume 2399, Page 108, Real Property Records, Denton County, Texas, said point being the Northwest corner of that certain tract of land conveyed by deed from Richard F. Dolgener et al to V.D. Burch, recorded in Volume 288, Page 137, Deed Records, Denton County, Texas; THENCE S 01° 33' 05" E, 2764,72 feet with the West line of said Burch tract to an iron rod found for corner in the North line of the J. Severe Survey, Abstract Number 1164, said point being the Southeast corner of said Skipworth tract; THENCE S 89° 45' 13" W, 1716.44 feet with said North line of said Severe Survey and with the South line of said Skipworth tract to an iron rod found for corner in Bonnie Brae, a public roadway, said point being the Southeast corner of the J. Edmonson Survey, Abstract Number 401; THENCE N 00° 40' 26" W, 1530.46 feet with said Bonnie Brae and with the East line of said Edmonson Survey to an iron rod set for PLACE 4F BEGINNING; THENCE N 00° 40' 26" W, 609.11 feet with said Bonnie Brae and with the East line of said Edmanson Survey to an iron rod set for corner; THENCE N 8 9° 47' 36" E, 500 , $ 9 feet to an iron rod set for corner; THENCE S OD° 40' 26" E, 608.44 feet to an iron rod set for corner; THENCE S 89° 42' S7" W', 500.89 feet to the PLACE OF BEGINNING and containing 7.000 acres of land. a _ ~ ~ •'S •-H i ; ~11~ it J ~ r fir, ~~9]~~ ;n~ ~~G~Ati g Y DEED - ~ F ~sta~ September 13~ ~Q00 , Grautar: Mani L • Wf l~Ces and F~urie A. i~~,~.kee r husband and wife : . Gx►~tos~~w Ling ~rsre ~3nv~.~d~q oo~n~y~ : f 191 Spr~.ngf~.e~.d Dane ~ ~ ~gyle, Denton County, Texas 7~~~6 I~ and and Gra~t~: Timothy T. ~uttnn and Jear~na M. Sutton, husb ~ ~ wife ~ ~ r ~~Z~,n Airs ~~aludir~q aaunty~ 1 Lade Traf~. Drive ~ Axgyle~ Denton County, Texas 76~~~ . } ~i~at~vn: TAN Alb ~~/lUQ pDLLA~S and other good and valuab~.e ki ~ oone~,deratxon. ' ~ Pro~rerby ~~aZudia~g ~Y fmPso~rom~ntrf ~ a ~ gee attiached Exhibit "A. " ~a~ctration~ and ~~caagtiona ~o ~onvayana~v u~ 11~rrat►ty: ' ~ Easements, rights~ofwway, and preaor~.ptiva rights, whether of recoxd or not; all presently retarded in9trumenta, ether then ' •r ~.iena and conveyances, that affevt the property; tuxes fQx the vurrent yeax, the payment of which Grantee assumea~ and subsequent ~ sss~sements for the current and prier years due to change in land A-:-•~* ueage~ ewnershi.p~ or both, the payment of wh~.vh Grantee assumes t Crantorr for the cansiderati~n, receipt of which is .4 acknawledgeal, and subject to the reservations from and exceptions to conveyance and warranty► grants, sells and car~vey~s to Grantee . ro ert to at~1er with all and siric~u~.ar the r~a~hta and the p p Y~ ~ ~ appurtenances thereto in any wise belonging, tv have and hold it to Grantees Grantee's heirs executers, admi.nistratars, successors Granter and Graacltar's heirs, ~ Qr assigns fQrsver. ~rantar binds ~ executors, admin3,stratars and successors to warrant and forever , defend all and singu~.ar the property to Grantee and Grantee's f heirs, executors, admin~.stratora, successors and assigns a~aeno~ ~ e~rery peraan whomsoever Zs,wtully olaim~.ng ar to clionsthfram~ and ~ spy part thereof, except as to the regervat ~ exce bons to c©nveyance and t~arranty, when the claim is by, through or under Grantarr but net atherwfee. F ]~aqa ~ o~ 2 - en~tu ~~~o~~~arrarity Dead) teh►~~ X91300] (liilk~~/~~ i ? J~` „ f r 1 ~I~ f ,a y then the context requires, si~agu~,ar ncune and pronouns inG~.ude the plural, i . MotL~ Wlkes - s 'l y k E e A. 1 es . ~ ACENG~~'S ~ ~ ~ Th~.s inetrumsnt was acknowledged be~are me on September 1.3, 2000 by~Mont L~ N~,ikes~ S~i~H,1M~N&~N ~1 C~ ~b ~ ~3 No ar Pu c, Suate o~ Texas y ' ~o$ fi ~ ~ ~ . phis a,nstxument was acknowledged ~a~ore me an September l3~ ~ ~ . 2QOQ, ~y Ernrie A, Wi~,kea, ; . ~~#~,W11~HlN~N ~ ~ . ' H~IPo1~5i~plTs~ 3 - i ~yC,~lr~8~~1 Notary pu c, tats of texas ~REpAREU IN THE ~~'~'ICS a~'t f ~elee~r, Koss®y~ ~ C~1J.ister X225 E. N~c~{fnney St. I Dentonr Texas 7209 ~ f V ~iFTER RECOAN~NG ~~TURh1 Tot E ~~.mathy m► Sutton F►t}~ Bax 135 Argyle, Canton Countlr, Texas ?5325 k ~ Page ~ of 2 - S~cu~ ~~lilkee/8u~~~~l~ash 44a~~an~y ~e~d~ iat~w~o91308~ r f ~ ~ ~ i s r ~l E~' ,rz . , r , E ~ i ~ 3 ~ I ~ I 1 BEZNG all that Certain let, tract, ar parcel of send situated ~.n the Wiliiam Roark Suxuey, l~batxact Number ~,QB?~ Denton County, Te~aa bein a part of that cez~tain treat of land conveyed by ~ ~ g deed from Dale Schluter and Bennie G, 9nider~ Ca-Trustees to ~ Robert Gaston et a~,, recorded under Clerk's File Nurnbcx ~3~ r~ Rp~~9S~G Rea], Pxopexty Records, Denton County, Texas, and being more particularly described as follows; CQNl~ENCINC at an ~.xon red found for garner in the South line of ~ 'r .that certa~.n trot of land conveyed lay deed from 1SS lQet~tan ,~o4nt •venture to Denton County Jpint Venture, recorded in Vo~,ume ~3~~~ ~ gage 1,Q~, Deal Property Recvtds~ Qenton County Texas, said paint being the Northwest garner of that certain tract of sand conveyed ~ ~ by deed from Richard ~o~.gener et el to V.D. Burgh, recorded ~,n ~ ~ ` volume X88, Page 137r Deed Reeards~ Denton Gour~ty, Texas= s` t ~ xHENCE 3 ~l° 33' Q5" E, 2?~9.7~ feet with the Feat J.ine of Raid Y i Burc1~ txaat to an .ran xod found far cornea ~.n the Noxth line of i~ the J. Severe Surveys Abstract Number 115, ea~.d posnt be~,ng the ~ ~ Southeast corner of said Skipwo~cth tract; THhNCC S 89° ~5' 13" W, ~.'11G.44 feet with sand Noah iir~e of said Severe Surrrey and with the South sine of esid Skipwoxth tract to ~ an ~ ~.ron red found far career iri Bonnie eras, a public roadway, said po~.nt be~.ng the Southeast caxner of the J. Edmanstin Survey, Abst~cact ~tumber ~Ol~ T~3ENCE . N ~d~ 90' 2~'' W, iSS~, feet wa.th sa~.d Evnn.l,e Sxaa and wlth the Nast line of said Edmansan Survey tv an ixQn xod set far ~ ~ PLACE CF BEGINNING: I{ THENCE I~ ~0° ~Or ~S" N, X09,11 feet with said Ronnie Brae and ~iit~ East. line of said ~dmanson Survey to an iron rod set far ~Orn~~; i ~ 'i' ~6" E 500.88 feet to an iron red set for ~ } TINGE N ~ 9 ~ r CO~n~~f ' THENCE S 44° 2S" E, 648.~~ feet to an iron xod set far ~ CCrnB~~ ~ THENCE S 89° 4~' S7" W, 544.89 feet to the PLACE aF BEGINNING and ~ containing 7.040 acres of .land. 4 ~t , y E~ ..J i3 ~r ~ .4 ! .r 7 t . Y ` .~I _ r. P~~ ~ ~ ~ ~ . I .t~ ' si • ~ t f~ ~ 1 • + • r 4 . 1 ,ir ,t . , 't . ' r' .Y ~ ' ~ i a ` - ~r ' ~ 1 ' ~ IU4y' PRO'IISED7i h.~~i ti~~ i NeifR~"•;'~ Tii'~ ~'~•Is~tTA4, Qr~ ~G _ irr~~ ~ U~ REAf.P ~F ~ L~~~ S~ OR R~'iRp Tff3 6taT8 8F1F7IA9 !}}d ~QUFiI'YOP~HICIE ' SIB I l~~bf ~ar6tY d,St #s: Mshmr! ~ ix,fatn U~t f,~ ~trb~~l4u~~ 0~ Md~»t+~sl~fs+~~C+~t+FeT~6ywa,~+~+as/~r~ei~.r+t~+ • i~ ~ or~fli~n.:a~~,Qi~r~l.~a~'oiou~~~r~w~rr~so~ 'f F~l , , ~ Q `4 J ~ ~ y 4 Yp / ~ ~ ' 7/yyI~11 ~{Ti17~7 ~F ' ~ ~ ~~TON~i~1V,t~lfAB ~ . 7 i . ~ ~ girl ;i ~ ~G~ TY~p~'~ D~N'ft~N C~1l~ ~ ~Yi~1' ~R ~~TCH~~~., C~klb~'[l~ ~ ~ 5~ s ~qC~ ` ~~~~rdan~: 3~ ~ R~~e~ t ~ ~ ~ ~~~u~y ~ Felicia ;w r; f After recording return t~~; Jennifer ~walters City Secretary 21 S E. McKinney Denton T~ 76201 CHAPTER Z1Z TEAS LGCAL G[]VERNMENT CGDE NON~ANNE~ATIGN AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex. Local Gov't Code by and between t11e City of Denton, Texas the "City"} and Mont L, Wilkes and Emrie A. Wilkes ~"Gwners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to , as "Party" or "Parties"; Two tracts of land situated in the William Roarl~ Survey, Abstract Number 1087, Denton County, Texas, described in Deed to Mont L. Wilkes and Emrie A. Wilkes, husband and wife, filed August 25, 2000 recorded in Volume 4661, Page 350, Real Property Records, Denton County, Texas, SAVE AND EXCEPT; That portion thereof conveyed from Mont L, Wilkes and Emrie A, Wilkes, husband and wife, to Timothy T. Sutton and Deanna N1, Sutton, husband and wife, by instr~~ment dated September 13, 2000, filed September 14, 2000, recorded in Volume 4674, Page 1217, Real Property Records, Denton County, Texas. SAVE AND EXCEPT; That portion thereof conveyed from Mont L. Wilkes and Emrie A, Wilkes, husband and wife, to Rodney S, Preston and I~.athy A, Preston, by instrument dated January 22, 2001, filed January 24, 2001, recorded in Volume 4760, Page 1432, Real Property Records, Denton County, Texas, SAVE AND EXCEPT; Tl~at portion thereof conveyed from Mont L, Willies and Emrie A, Willies, husband and wife, to Ph~llp L, Pierce and wife, Deborah D, Pierce, by instrument dated February S, 2001, filed February 14, 2001, recorded in Volume 4775, Page 617, Real Prope~•ty Records, Denton County, Texas. SAVE AND EXCEPT; That portion thereof conveyed from Mont L. Wilkes and Emrie A, Willies, husband and wife, to Jack Brandenburger, by instrument dated Ma~•ch 1, 2001, filed March S, 2001, recorded in Volume 4757, Page 690, Real Property Records, Denton County, Texas, SAVE AND EXCEPT; That po~•tion thereof conveyed fiom Mont L, Wilkes and Emrie A, Willies, husband and wife, to Bradley A, Burks and wife, Mishelle L, Burks, by instrument dated Febr~~ary 4, 2002, Bled February 20, 2002, recorded in Volume 5027, Page 1036, Real Prope~•ty Records, Denton County, Texas, Said parcels, as combined and excepted being commonly l~nown in the records of the Denton Central Appraisal Dist~•ict as Tax Parcel 132664, located within the boundaries of the real property described above, described in the deeds attached hereto as Exhibit "A", and comp~•is~ng 3$,422 acres of land, more or less. 1 ~ HIT WHEREAS, the City has given notice of its intent to institute annexation proceedings fo~• the Property in accordance with Tex, Loc. Gov't Code ch. 43; and WHEREAS, owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agteenaent; WHEREAS, Owners and the City acl~nowledge that this Agreement between them is binding upon the City and floe Gwners and their respective successors and assigns for floe te~•m of floe 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 teem. of dais 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 21,172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant zaot to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, floe Parties are desirous of entering into an agreement authorized under Tex, Lac, Gov't Code section 43,035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREPOR.E, in consideration of the mutual covenants contained herein, the Pa~•ties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of floe 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 floe Parties, subject, however, to the provisions of this Agreement. Section 2, Development ,Pan. Tlae Owners covenant and agree that use of the Property for the tenaa of this Ag~•eement and any extensions agreed to by the Parties shall be limited to farm-related and ranclaYrelated uses and customary accessory uses, and single-family detached fal~aa or ranch dwelli~ags, provided that no single-family dwelling maybe located or constructed ova a lot smaller than five ~5} acres. The property owner naay apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5~ acres i~a 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 floe Property in satisfaction of Tex. Loc. Gov't Code section 21Z.172~b}, 2 Section 3, Governing Regulations, The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry pul~oses and does loot prevent the contil~uation of a use established prior to tlae effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~1} Zoning standards contained in the Del~ton 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 Goverlunents Standard Specifications for Public worl~s Constrl~ction, North Central Texas, 3rd Ed,1998 ~NCTCGG Manual}; ~3} Denton building codes, as contained withil~ 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 Edltlon with Appel~dix G and local amendments; c, The International Fire Code, 2006 Edition with local amendments; d, International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f, International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Cade, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i, National Electric Code, 2005 Edition with local amendments, j, National Electric Safety Code, 2003 Edition, with regional amendments; 3 M111111111m hOlls111g and b1111d1ng standards, Denton Code §~28-383 - 437 and §~17-141 21~, as amended and as applicable; 1, Irrigation Standards, Denton Code ~~28-441- 457; and ln, Moving Buildings, Denton Cade ~§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 opel•atioll requirements, contained within Chapter 26 of the Denton Code of Grdinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Colnmissian on E1lviro11n1e11tal Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 3~ of the Denton Code, as amended, and subcllaptel•s 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by 1•equire111ents of the Texas Watel• Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Envirolunental Quality, as amended, and applicable administrative standards of the Federal Emergency Mallage111ent Administration, as amended; and ~7} Gas well platting, drilling and production standards, as contained in §35.16,19 and subchapter Z2 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Cade, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended, Section 4, Develo 111ent Plan to Remain in Effect. Following termination of this Agreement for any reason, t11e Development P1a11 set forth in Section 2 shall remain in effect for a period of 18Q 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 ol• plan is inconsistent with the Development Plan. The Uwllers expressly waive any vested rights that might otherwise arise under local ol• 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 4 with the development plan shall be considered established o~• in existence prior to the expi~•ation of the 180-day period during which the Development Plan is in effect. Section 5. A reement Deemed Void in Part Voluntar Atulexation. ~A} If an owner files any application or plan of development for or otherwise coirll~~ences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon became null and void. ~B~ The~•eafter 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 anl~exation of land as may then exist. owners expressly and irrevocably consent to annexation of the Property under such circumstances, Qwners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an alulexatian plan, as required by Tex. Loc, Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale, Any person who sells ar 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. Di~•ector of Plaluling and Development 221 N. Elm Street Denton, Tx 7201 Section 7. Recordin ,This Agreen~e~at is to run with the Property and be recorded in the real property records, Denton County, Texas, Section 8. S eyerability, I~~validation of any p~•ovision 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 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 a~u~.exation shall affect the enforceability of this Agreement or the City's ability to annex tlae prop e~-ties cove~•ed herein pursuant to Section 4. Section 11. Venue. Venue fo~• this Agreement shall be in Denton County, Texas. 5 Section 12, Executlon 111 MU~tlple Cop1eS. This Agreement may be separately executed in individual coul~tel~arts and, upon executiola, shall constitute one and same il~stl-ulnent, Section 13. Tenn and Extension, The initial term of this Agreement shall be for a period of flue ~5} years from the Effective Date the "Tel-m"}. The Effective Date of the Agreelent shall be the date the Agree111ent is executed by the City, The Term may be extended upon mutual agreement of tl~e Parties9 Section 14, Sul-vival of Coyel~ants. Tlae covenants in Sections 2, and 4 shall survive tel~rlination 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 ont L, willies Emrie A, willies THE CITY ~F DENT®N, TEAS By~ e City nag r, Deputy City Manager, of Designated Representative THE STATE OF TExAS ~ COUNTY OF DENTQN } This instrument was acl~nowledged before me on the day o , 20~, by Mont L, willies. r z~... ~ ,y.j a s ~ ,E~ s~~ ki 'i~t' ~ r ~ S' 1 j yr4, . ~ ~ ~ Nora Public, State of Texas L ~ ~ f ~ THE STATE OF TExAS ~ COUNTY QF DENTQN ~ 6 This instrument was acknowledged before me on the day ~0~, by Emrire A, willies, , ~~+~'4~~Y ~'ii ~r, a~. Notary P~biic, Stag o~~"exas ~A, My Commission expires ~`rri ~o' ~ctaber 1 ~O1 ~ Notary Public, State of Texa r~I THE STATE OF TEAS } COUNTY aF DENTON } This instrument was ac edged befor ~ me on t day of ,ZO~, by ~ ~ g MP nag ~ eputy City ManagerlDesignated epresentativ , an behalf of the City of Denton, ~~~~Te-x ti~~~~bAY~U~rrrr J~NNIF~~ K. WA7»T~~S , ti ~r e~(I Notary ~ubitc, Stag o~ ">"exa5 tart' Pu ~ , State of Texas a ~ :w My ~or~l~~~~ior~ expires rr~a~t~~~j~1~Ai E~~~`6JIIf~~I ~li~~ Ill 1~~1 A a ANNA BURGE,S.S CITY~ATT~ Y f, , , BY~ ~ ~a 7 RTC ~F•DT~QaCd0~09-B~Gl:mrn PECIAL WARItANT~ UL + D ALL SASH E Date: Au ust~ 1~~~~(l f Grnntvr; CALI~AR~' CATHEDRAL, INC., a Texas nar~~profit religious corpnratian, formerly kno~vn as CALVARY EVANGELISTIC TEMPLE DF FCRT WDR'Tl~, INC, Grantor'a Mailing Address: 1d0~ West Fiflh Street Y Fort Worth, Texas 7b 102 ~ ' In the County of Tarrant Grantce~ M~N~' L.'IVILKES artd CM~E As ~'VtLKES, l~usbaad andwifc Grantee's Mailing Address: 14t SpringEeld Lane ~ Argyle, Texas 7~2~G i In the Caur~ty of Denton C'onsideratian; TEN AND NC~11UU DQLLARS ~$10,00~ and other goad and valuable consideration, ALL CASH paid to Grantor herein by Grantee herein, the receipt and sufficiency of wl~icli are hereby ac~nawledged acrd confessed, rropart~r including any irgp~ovements~: `Two tracts of land out Qf ~o WILLIAM RGARI~ SURVEY, Abstract No,10$7, Denton County, Texas, and being mare particuiaxly described by metes and bounds an EXHIBIT `4A"attached hereto and made a part hereo#', ReservAtians tram ~unvcynnce: Grantor herein reserves unto itself, its successors and assigns, all of the remaining ail, gas and other minerals in and under and that may be produced from said property, sa that there is hereby aanveyed . unto the said Grantee, Granteops heirs and assigns, the tJRFACE UNL'~ of the hcreinabave described property, It is understood and agreed that the SURFACE QNLY of the above described property is conveyed, and that all ail, gas and other minerals lying and being situated ire, on ar under said land laving been heretofara reserved ar sold by prior deeds and remainder reserved herein, arc hereby expressly excepted together with the right of ingress and egress far the purpose of exploring, mic~ing yr developing the same, ~ ~acceptions to Conveyance and Warranty; This conveyance is made and accepted subject to certain matters referred to by the parties herein as the "Permitted Exceptions'', as set Earth an E~HiBIT "E„ attached hereto and made a part hereof, Grantee assumca all taxes for the year Z4U~ and sul~se~c~er~t yea~~s, said ~OQ~ trues prorated at the time of Closing as agreed, Grantor3 for fire Cansideratiarr and subject to the Reservations from Conveyance and the exceptions to Conveyance ar~d 1Narranty, greats, sells, and conveys to Grantee the property, together with all and singular the ~~lgllts and appurtenances thereto in any way belonging, to Isava and iu hulcl it to Gr~7tae and Gra[~tee's heirs, successors, And assigns 1`are~~er, Grantor iOinds Grantor and Grantor's heirs and successors to warrant and faxcver defend all and singular the Property to Grantee and Grantee's heirs, successors, and ssslgt~s against every parson whomsoever lawfully claiming ar to claim the same ar any t 5 o i i SPECIAL WA~+►N'I~Y DEED PACE ~ psart thereof when the ela~m~ Is by, through, or under grantor but not otlre~►ise, except as tv the Reservations Timm Canveyan~ and the Exceptions to Conveyance and 1Vnrranty, When the context requires, singultu nouns and pronouns Include the plural, CALVARY CATi"IET~RAL, IN'C,, n'.fexas non-profit rcli~ious 1 corporation, formerly known as CALVAp,~' ~VAN~iELISTIC ' TEMPLE OF i~`DRT WORT, INC. QYi ~ + K 1 M ~1'ype~iPrintsd Name) ~ ~ I~~+ ~TypedlPrintcd Titled ~ y~ i ~ t AC~NOWf,~OCMENT THE STATE DF TEXAS ~ r COUNTY t~F q'ARRANT § ~ This igstl~meftt was ucl{nawledged before me Qn the dc~y of Au us by ? ~ .~o e ~'yp dlFrlrtted Namo} (TypcdlPrfntcd Tit1c} . of CALVARY CAT~iEI~RAL, INC,, a Texas nvn-profit religious carpomtion, an behal#' of sold corporation, farrnerly known as CALVARY EVANGELISTIC TEMPLE Cl~ FORT ~'GRT~, ANC, o~~A~ oAOr~A Hofery Publb, Sia1e ot1'~~ /p,,~~r l4~~Ot~~lsslaa~)I~Ed~t~~'~ N~t~Ty u , i~ Prir~tcd NaxrccF M Camtnissian ax ires~ ~~R+pETT~AR'~E~Vp~ ~N~Tyy~~Y+LN,~Ayw orr~C~ ali: ~~r~~ ~cC~Rn~N~, ~r~~~v rya ; +~~•i~ ~ i!! RTT,4A~~, ~IL1~9 Attorneys at Law Mr. and Mrs, Mont L. Wilkes Chase Texas Tower I~1 Sprin~tield Lane ~Ol MAin 5treat, Suite 80~ 1~r~yle, Texas ?~Z2~ Fart V~'arth, Texas 7~10~•31Q~ y i ~ SIT ;~~af A PA e << ~'xaat r s +A t being a~.3, that certain ~.ot, ~xac~, ar pazcel o~ .and 3uxvey~ Aba~xacC Number 1e8~, Denton CaursCy~ Texas bsituated In Abe W~lx~am Roark of ],and conveyed by decd ~xom Haze 6chu~.tex and Rertnieing a paxt of that certain ~xaot 1 Rabext +~oston et al, ~ec"oxded l~ndex Clexk'a ~i~e h'ttr~ae Snidex, Co~t~$tess, ~v Reaoxda, ~en~on C ez ~~~ROOB ountY► fiexas, and bung maxe ~a~:Cicularly desor~bcd Real ~ropexty Regi~nn~,ng at an ~xan red ee~ as ~a,~lows s fox oa~rnex ~,n the aouCh xine o~ ghat aex~ain Czac xand cat~veycd by deed fx~am 185/Denko~ Joint Venture ~ ~ o~ racoxdcd in Volume ~39~, Pa a X08 g ~ Reax Pzopexty Recarda$ Den~Caunty Jo~,n~ ~'art~ure, ~►4f~iC bung the noxthwest corner of that cex~t$a,n txan n vn Jaunty, Te~~i said R~tchard F, Dalgsner et al to V. Ruxah, xcGarded ink df lard conveyed by deed From Recozds~ Denton C#untY, TQxass Va~ume page 137, Deed ~ Tholiee youth o~ degx$es 33 minutes 45 seconds bask said Durch Cxaot Gv an aixan red det fox carncxl said2ldG,l~ ~$et with the east ~~ne o;~ ' of that Qerta~,n txac~ of land conveyed by deed exam xer,int bang the nartheasG coxnez 5 ~k,ipwarth and Faye ~arcillc 51~ip~ozCh, recorded in v~ S, M~~.lar Co~any to Robext Property Recaxds, ~en~an Coun~yr Texas; oxutne 6~9, ~a~e Deed l'henoe youth ~9 degx$es ~5 minutes socands West o~ sa~,d Skipwar~b txact to an iron xod fct~nd ~'ar coznex~.65 feet, with the north line 1~ne o~ the ~dmanson Sux~rrey► Ahstx~act uu~cr ~pl• ~,n sa~,d Road ~d ~n the oaa~ a Theme N'nrth Q~ degrees ~0 minutes 26 ~ssconde West ` wit} said east dine of sa.~d Edmcsnson $t~rve~r to an ix s~~,~o feet wath aaatd Read and on rod set, nor ccxner~ `hence North degreep ~7 tni~nu~es~ seconds Bast Corneal ~ 37G,~x foet to an ~rqn xad set fox T~tetaae North ep degxees 31 mxnl~tes 34 seconds Rant, ass found ~'vr southeast corner of ghat csrta~tt~ tract a~ 51, OZ feet an iron rod ~ ~Cvston Rcvocab~e I~~ving Grantor Tx~at to Rance d,x5td canveysd by dead Exam Helen d'ohn, recorded under Clexk's File Number 9~~Re075~~7' John and wide, ~'ud~,th A. CQUnrY+ xaxas, pass at X57,98 feet the north~►sst ~ Real ~xoperty Rec'4rds, Denton fatal d~,otance o~ X78 r 6~ feet to era ixnn xad set fo~carnf said St. ~`phn bract, a Denton Cauraty point Venture trace ex in the south line of said Whence Sough g9 degr$+aa 5~ minutes I8 seoon g d fast 1R8~ ' oP said Dentoa County Ja~int Vet~~ure Craot to the ~laae ~~`~eat pith said south 13ne 84.~,3~ aczes of land, of Beginning and ca~ntaining ~ 1 ~ I' . . . i .a ~,~L„ a~ ~ M Tract ' dill that eerta~,n 2~.pp acxa tract nx paxcel of land eztu~ated in the wilxiam Aoark $urve~r, Abstract ~umbex 108~~ ben~cn County, ~cexas; said tract being pert of a calked x~C . ~ acne tract ehowri by dyad tQ R. ~ ~ ~l~~,pwarth and F.M. SkipWorth xsc dxded ~n Volume page 760 Dead Recaxds~, ~entvn County, ~'exas, ar~d bung mare pax~iculaxxy described as fal~,ows: ~R4~NNI~t~i far tho ~outhw$st cox~ter of Chas tract at ~ xai~~coad spike in cen~ea~ l~.no of ~Qru~ie 8rse ~tx~eet, s~s~.d~ railroad s~~ke 3a the Southwest aoxner of said survey and the Saut~,west carnet p~` saxd 10U.~5~ acxe traat~ ~'f~NCS Noah 40 degrees minutes 27 seconds West with said centss I3na~ and We lies of said survey, a distance of 5C8.61~ feet to a nail foxy the Northwest cornertof ~h~e txdc~j T~E~►TCE SdQUtib ~g degr~e~j 5x minv~es+~ Iq~~2y ~ceconds{~~yas~ axja~ssfr~g a Nox~hMSou~h fence vitae a1~ ~ V o ~ ~~i~rfr a~~ C~wA~ ~ d~starice Q~ i / V ~ .O~ ~~8~ 1r~ ~Lh Q~ ~4 jY~~~~"'.7~u~~ ~~n~i~ line the fast line of said ~0~»aaze tract far the Noxtheast cartaex cf this ~xactp ~HENC~ Gau~b q~, degrees xx minutes ~5 seconds Salt w~,th said fence sine and said Sast l~.ne a distance of 58.74 feet tq ate Iran pant found in an fast»West fe ~nutheast carnet of said called 1~0►a~~ acxa tract, and the ~'outh line vfesai~ieRoahe i Surveyr xk ~`HE1+tC~ Noxth 8~ degrees 5~ minutes 4~ seconds weeC wa~th said fence lane and said ~outb ~ line of survey ~,717.~a feet td Foint of Beginn~,ng. 's . E { R 1 I. Standby fees ar~d taxes far the year ~0~~ and suhseyuent years, Easement far nght~of way granted to ~7enton Count Ele irt Volume ~0~, Page 91, Deed ~eGVrds of De y ctt~c Caaperat~ve, Inc., recorded r 3. Easement farright-af•wa ranted to nton County, Texas, ~ y ~ Denton County Electric Cooperative, Inc,, recorded ' in '~alume ~~4, Page 316, Deed ~ecards of Denton County, Te~tas. ` Terms, conditiaps, and stipulations of Boundary Line Agreements} dated A ril 1U 19 fileal May ~9, I~73 and recorded ire Volume G7S, Pa a ~2~~ its Val P ~ 7~' and in Valum~e 675, Page ~2g, Did ~.ecords a~ Denton ume 675, Page 2~5; Gaunt ,Texas, 5. An undivided I!~ interest to all oil, gas, and ether minerals as res rv in Volume 4~7, Page ZS~, Deed Reca a ed in deed recorded rds of Denton County, Texas, together with all i~ rights, express ar implied in and tv the property arising out of or connected with said f . interest, including rights to the use of the surfACe, 6~ 'Terms, cattditians, and stipulations Qf Eaundary Line Agreement, dated June 1 I99g and retarded in Volume 415, Page fig, Deed Records o~ Denton County, Texas, 7. ~sement granted to Texas Municipal Power Agency, retarded fn Volume ] 1~6 Pa e GSti, Deed records of Denton County, Texas, g 8, Easement far right-off-way granted to Texas Po~~~er & Light Campatiy b instrument recorded in Volume ±~39, Page 75, Deed records of Denton Count ,Texas 9. Easement granted to Texas Municipal Power A eta ,recorded in V lu 64~, Deed ~e~ards of Denton Count ,Texas, g y o me I I6g, Page 10, The rights of the ublic and others in a P ny portion of the property lying within the boundaries oi* a street, alley, or road, and the regulation of the use thereof h the Stat$ or other governmental entity, Y 11, The reservation made herein o~ all remairying oil, g~ and other rninarals together with all rights, express or implied in and to the property arising out of ar connected with said interest, including rights to the use of the surface. '7 k~k i~ P' 1 E` 1 ~H" . ~ E 1, ' f I Filed ~Q~ ~~rr~r~ ~~N1'ON ~pl~N'~Y ~Y~~'~xA ~II~~N~~.~., ~~~1N1'Y Gl~ ~ C~yt Ate ~5 A~ 1~:36ap~ ~~~/Yypp~ ~ W~ R~~~r~ing~ 13~~~ , ~a~Ih1~~~~ ; ~~~e~ ~ ~a ~~~13 l~~pt~~y ~ Chri~~y After recording return t®: Jennifer Walters City Secretary 215 E. Mcl~inney Dentona T~ 76201 CHAPTER 212 TEAS 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 ~ ~~t~k'~~ ~"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 property described in a deed to e ~ - which is recorded at 1 ~ rq``~~ e . ~ ~ of the Deed Recor of Denton Co nt Texas an vo , . pag ~ u y, d commonly known as Tax Parcel No.~ ~ which is attached ~ hereto as Exh~b~t A, consisting of approximately acres of Jan . t Cv ~ WHEREAS, the City has -given notice of its intent to institute annexatlan proceedings for the Property in accordance with Tex. Lac. Gov't Cade ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Gwners and the City acl~nowledge that this Agreement between them is binding upon the City and the owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23,C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.35 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex, Lac. Gov't Code section p. 212.172 for purposes of retaining land in the ~~nunicipality'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 inconsiste~at 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: 1 Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Praperty and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Develo ment Plan. The Qwners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling maybe located or constructed on a lot smaller than five (5} acres. The property owner may apply to the City for division of the land 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 lgu a~zons. 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 tlae 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 sta~adards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, 1999W2020, 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 Cade, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid Waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard. Speci_fica.tlons for Publ_Ic worl~s Construction, North Central Texas, 3rd Ed.199S ~NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Cade, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; d, International Plumbing Code, 2006 Edition with local amendments; 2 e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Qrdinances Chapter 17, Denton Property Maintenance Code, as amended; h, International Energy Conservation Code, 2006 Ed~tlon with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k, Minimum housing and building standards, Denton Code §~28-383 - 437 and §~17-141 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §~28-441- 457; and m. Moving Buildings, Denton Code §§28-326 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of 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 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 Camnaission an Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Cade, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. 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 ~ SQ 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 wane 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 18~-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 C-1, or other such other provisions goverzaing voluntary annexation of land as may then exist. Gwners expressly and irrevocably consent to a~~nexatian of the Property under such circumstances, Uwners 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.x52, or successor statute, Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 3~ days written notice of this Agreement to the prospective purchaser ar grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN; Director of Pla~u~ing and Development 221 N. Elm Street Denton, T~ 762 1 Section 7. Recordi~. 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. 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 sha11 not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement, Section l o, Chase 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 12. Execution in Multiple_ Cow. 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, ~ w The Parties hereto have executed this agreement as of ~ ~ ~a ~d . Owners y ~ THE CITY OF DENTON, TEAS By: City Manag r, Deputy City Manager, or Designated Representative THE STATE OF TExAS ~ COUNTY OF DENTON ~ 5 - T i ins ment as ckn led ed befare me on he ~ da h s tru a o g t ~ y 20~~b . ti,~~a~r~ ►r~ N, ~~-~~W9J~N~S pti ~ ~ ~ ~ U~r4fr b ~~~~t7rti' ~'ubli~, Texas Notary Public, State of Texa r`"~~. ,~ti~: My !~:c~mmission expires F_ _ THE STATE OF TEAS ~ COUNTY OF DENTON ~ This instrument was acknowledged before me on the day of , 20 , by Notary Public, State of Texas THE STATE OF TE~.AS } COUNTY OF DENTON ~ This instrument was acl~o dged before eon th day of a2o~ by ~ y . City ~Nlan erl eputy City ManagerlDesignated epresentative, on behalf of the City of Denton, Texas. ,~o1FAYA~~r~ AA'' ~ G~s~~~ a~1YN~~~~ WAI~~RS ry ; Nata~y public, state of Texas ~,N~~ My Co~rr~lsslon ~~cpires r'`~;~~ ~ ~tr~ti ~~~~~'I~~I l 9 ~O1 D ~ ++1+' otary P ic, Skate of Texas APPRO~E~ AS TO LEGAL FORM: ANNA B RG~S S CITY AT ORNEY ,r""' r~`~ _..~..,M.. .:..,r~~......- EXHIBIT "A" BEING A 6.~0$ ACRE TRACT OF LAND OU'T OF A 92.1?~ ACRE TRACT` CON'VE~YED TO C, ORR AS RECORDED IN A TRUSTEE DEED IN VOLUME 766, PAGE 6S2 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, SAID TRACT L'~ING IN T.HE JAMES SEVERE SURV.E~, ABSTRACT NO. 1164 IN DENTON COtTNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT ~I`HE NORTH'U~EST CORNER OF SAID ORR TRACT AND SAID SEVERE SURVE~~ THENCE SOUTH 0~ DEGREES 3Z MINUTES 34 SECONDS EAST ALONG THE WEST LINE OF SAID ORR TRACT AND SEVERE SURVEY FOR X0.0 FEET TO. THE PAINT CF BEGINNING; THENCE NORTH 89 DEGREES 49 MINUTES 31 SECONDS EAST LEAVING SAID 14 Fi~ .L L1.N~J F~R ~~~Sa~~ F.1.,..rET 1 ~ A P~~NT~ THENCE SOUTH D~ DEGREE 32 MINUTES 3~ SECONDS EAST FOR 424,22 FEET TO A PDINT~ TE[ENCE SOUTFI 89 DEGREES Z7 MINUTES 30 SECONDS WEST FOR 56.00 FEET TO A POINT; TI-iENCE N®A!n .A I-I U~ DEGR~.IE 32 ~,INUT.:..IS 3D SECGNDS '~'J.._!ST L~C~R 39?e$4 FEET TO A POINT, THENCE SOUTH ~9 .DEGREES 49 MINUTES 31 SECONDS WEST FOR, ?00.01 FEET IN THE SAID WEST LINE, OF THE ORR TRACT AND SEVERE SURVEY; THENCE NORTH 0(~ DEGREES 32 MINUTES 30 SECONDS BEST ALONG SAID NEST LINE FOR 3U.U0 FEET TO TIE POINT OF BEGINNING AND CONTAINING 261,?U5.67 SQUARE FEET OR 6.aDS ACRES OF LAND MARE OF LESS. ij i