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2010-037s:lour documentslordinances1101dh-5 accepting non anne;~ation agreements.doc ORDINANCE NO. ~o ~ 0-03 ~ AN ORDINANCE PROVIDING FOR ACCEPTANCE OF ELIGIBLE NON-ANNEXATION AGREEMENTS FOR AGRICULTCJRAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE PROPERTIES WITHIN AN AREA OF LAND ADJACENT TO AND ABUTTING THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS DH-5 OF APPROXIMATELY 347 ACRES LOCATED ON THE EAST SIDE OF FORT WORTH DRIVE, WEST SIDE OF COUNTRY CLUB DRIVE, NORTH OF BRUSH CREEK ROAD, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.41, Subchapter C-l, 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-5, as hereinafter described; and WHEREAS, Section 43.43 5, 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 subs ect 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-annexatian agreements for a five year term in light of the rapid growth of the Denton area, the need to assure orderly growth, and the inadequate land area currently within the Denton city limits; and WHEREAS, the owners of some eligible properties have executed such non-annexation agreements; the owners of other properties have executed such non-annexation agreements but there remain defects in the legal description of such properties; and yet ather~ 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 l . The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference, s;lour documentslordinancesllpldl~-5 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~S, 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-5, 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~l"through "C~~". SECTION 4. The City Manager is authorized and directed to sign the non-annexation agreements contained within Exhibits "C~1"through "C-~" for and on behalf of the City of Denton as a ministerial act, but with an effective date of this Council's action on same. The City Manager shall further arrange forthwith for the recordation ofnon-annexation agreements in the real property records of Denton County, Texas. SECTION 5. In the event the City Council does not annex that parcel identified as DH-5, the City Manager is authorized to rescind the City's action accepting said non-annexation agreements within six months of the effective date of this Ordinance should any property owners subject to the agreements so desire. SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7. This Ordinance shall take effect immediately on its passage. AND IT IS SO ORDERED. Passed b the Cit Council readin this 9t~' da of Februar 2a 1 y Y g Y Y~ ~ MARK : B ~ 4 H ,MAYOR ATTEST: JENNIFER ~VALTERS, CITY SECRETARY r BY: ~ , APPR VED S TO LECrAL FORM; ANITA BURGESS, CITY ATTORNEY BY~ ,~1,,s _ ~ Page ~ ~xI3IBIT Anne~catzon Tract DH5 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 1965-43 Tract 4}, Ordinance 1969-40 Tract Ordinance 19 80 ~ Tracts 1 & Ordinance 199713 0, and Ordinance 200 ~ 90 Tract 1 and being more specifically described as follows; DH~S Tract 1 BEGINNING at a point on the north right-af way of Brush Creek Road as described in Ordinance 2110-090, Ryan Tract I; THENCE along a series of segments as described in Ordinance 2001-090 as follows; THENCE along the north right-of-way Tine of Brush Creek Road and thereafter the west right-of-way of FM 1830, approximately 4668.43 feet to a point for a corner; THENCE South 59° 51' 22" West, 500 feet to a point for a corner; THENCE North 00° OS' 35" West, 450 feet, to a point for a corner; THENCE South S9° 51' 22" East, 500 feet to a point for a corner, said pint along the west right-af way line of FM 153 0; THENCE northerly along the west right-of~way line of FM 1830, approximately 1241.24 feet to a point for a corner; THENCE westerly approximately 2607 feet to a point for a corner; THENCE north along the west line of the B.B.B. & C.R.R. Coo Survey, Abstract 196, approximately 1004,92 feet to a paint for a corner, said point Tying in the center of Hickory Creek; THENCE along Hickory Creek to a point for a corner, said corner being on a line Described in Ordinance 65-43 Tract IV ; ~ } THENCE southwesterly along the easterly line of the property described in ordinance 65-43 Tract IV} to a point described on ordinance 80-1 Tract II}; THENCE westerly to the east right-of way of Fort Worth Drive as described in Ordinance SO-1 Tract II}; THENCE along the east right-of way of Fort worth Drive as described in Ordinance SO-1 Tract II} and Ordinance SO-1 Tract I}, to a point for a corner; THENCE easterly along the line described by Ordinance SO-1 Tract I} to a point, said point intersecting a line defined by Ordinance 97-130; THENCE North SS° 34' 45"East, 1171.23 to a point for a corner; THENCE North 05° 47' 49"East, 193.72 feet to a point for a corner; THENCE North 88° 3 S' 45" East,1244.69 feet to a point for a corner; THENCE southerly to a point, said point being the intersection of a Line described by Ordinance 2001-090, Ryan Tract I; THENCE easterly approximately 1320,50 feet to a point for a corner; THENCE southerly approximately 2640 feet to the Point of Beginning, Tract 2 Being the property described in Ordinance 2441-090 as a Save & Except Tract, The fallowing description is as written in the said ordinance. BEGINNING at a point on the north line of Brush Creek Road and on the southerly right- of way line of FM 1830 and being North SS° 12' S9" East a distance of 20,00 feet from the northwest corner of the tract of land described in the deed from A, E, VLryatt to Fred D. Kurrus being recorded in Volume 598, Page 544, Deed Recards of Denton County, Texas; THENCE North 5 8 ° 12' S 4" East along the south right-of way line of FM 18 3 4 a distance of 323 , 52 to the beginning of curve to the left having a radius of 617.23 feet; THENCE with sand curve to the left having an arc length of 443,28 feet and a chord bearing of North 37° 38' 31' East a distance of 433,52 feet to a point on the southerly right-of way of FM 1$30 and on the west line of the tract of land described in the deed to Sowell Property Partners-Hickory being recorded as County Clerk's File Number 99- R~48851 S, Real Property Records of Denton County, Texas; THENCE South 44° 54' 46" East along the west line of the said Sowell Property Partners-Hickory tract a distance of 489.39 feet to a point on the narth right-af-way of Brush Creek Road; THENCF~ South 87° 25' 34" west along the north line of Brush Creek Road distance of 548.30 feet to the POINT OF BEGINNING and containing 2.25 acres of land. f EXHIBIT B f,`r,; 7 F ,~--r--,---~-.r 5 ~ ~ ~ I ~ ~ ~ F f ~ 3 ! i ~ r.~~ ~r ! 3 i l~ ~ 1 f ~ y f .1r1~`i ~ j `mow ~ E ~ r , ff /f~ 4 %~y\ ii Y • ~fh ~ ~ ~ ~ I I ~ ~ ~ ~ ~ ~ ~ ~ t9 ~ ~ Q ~ ~ ~ \ /~C ` ~ ~ ~ ~ ~ ~ ~ \ 'r f J. - 11` i ~ ~ r .i.~ i 1 ~ ~r `~~~i l 1 f ~ ~ ~ /f i ~ f ~ ~ i ~ 4` ~ ~ l cyan R . y ~4 I ~ "max ~ ~ +~yr ~ / ~ 'r ''J I ~ ~ ~ ~ i 4 ~ Y ~ ~ ` i I ~ ~ ~ ~ ~ v ~i~ w. ~ 1 ~ , ~ , ! ,4` i ~ ~ ~ ' 1 1~ 11 f ` 1 F ~ ~ E ~ fr ~ ~ fr ~ ~ •"1~ ..r.. r ~ IL . f(! ...........7 ~J f f f Brush Cree Rd. f,r ~ ff ~ a p f~~ .fff ~ fr J(fj ~f t f f fl 1 r ~~ff`~F,f ~ ` fri iFF 'y~~w ff/~ 4 fF/~ ~ ~ ~ 11 ~ J f i'~. ~ ~ y ~ r.P I sfr ~ ~ ter"' . N ~ ~ FREESE G~ty of Denton, Texas 1 ~NICH~LS DH ~ - 3~o Acres N ~V E S ~8~t o goo sao ~,oaa z,4oo I I After recording return to: Jennifer wafters . ;llaneousll Olani~cxatialslGurch family farm 9 ~ .7G0 ac.doc City Secretary 215 E, McI~itn~ey Denton, TX 76201 CHAPTER 212 TEXAS LOCAL GGVERNMENT C[]DE NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and Burch Family Farm, Ltd, ~"Owners"}, the property owners of the hereinafter described p1•ope•ty the "Property"} in Denton County, Texas, sometimes i~adividually or collectively referred to as "Party" or "Parties": Being 91.760 acres of land, more or less, situated in the James W. Withers Survey, Abstract No. 1343, Denton County, Texas, and being more fully described in the First Tract of that certain Special warranty Deed dated September 6, 2007 from Richard L. Burch to Burch Family Farm, Ltd,, filed for record on September 13, 2007 and recorded in Instrument Numbe~• 2007-110040 of tl~e Real Property Records of Denton County, Texas, Said 91,760 acres of land, more or less, is commonly lfnown as DCAD Property .~D No. 38144, WI~EREAS, 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 tl~e 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 cul~ently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc, Gov't Code section 212,172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not Inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real P~.•operty Records of Denton County, Texas; "~i~~ 1 ~ s:loltr dacume~ltslmiscellai~eausllQlannexatio~~sll}arch family farm 91.7b~ ac.doc NOw, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows, Section 1. Continuation of ET1 Status. The City guarantees the continuation of the extratel~itorial status of the Property and agrees not to aluaex the Property for the term of this Agreement, as hereinafter defined, and any subsequent rel~ewals as maybe agreed upon by the Pal•ties, subject, however, to the provisions of tl~is Agreement. Sectlon 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and singlewfamily detached farm or ranch dwellings, provided that no single-family dwelling lnay be located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Property in satisfaction of Tex, Loc. Gov't Code section 212.172~b}, ' Section 3 , Governin~Re ulations. The following City regulations shall apply to any development of the Property, as naay be amended from time to time, provided that the application of such 1•egulatians does not result in il~tel•fel•ence with the use of the land fol• 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 Agreel~~ent is executed; ~1} Zoning standards contained in the Denton Development Code ("DDC"}, as amended pursuant to The Denton Plan,1999-Z02a, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incol~orated therein f ~2} The subdivision and development 1egulations contained within the Denton Developmel~t Code, as amended, together with applicable Design Criteria Manuals including constl•uctiola, drainage, site design, solid waste, tl•ansportation, 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 Gover~unents Standard Specifications for Public Works Constr~~ction, North Central Texas, 3rd Ed. I9~S ~NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting; a, Il~tel•national Building Code, 2006 Edition with local amendments; b. Il~ternational Residential Code, 2006 Edition with Appendix G and local amel~dments; c. The International Fire Code, 2006 Edition with local amendments; 2 s:la~ir doc~~mentslmiscellaneousll Dla~~~jexatiai~sll~urclx family farm 91.~G0 ac.~nc 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 Consel•vation Code, 2006 Edition with regional amendments; i. National Elect~•ic Code, 2005 Edition with local amendments. j, National Electric Safety Cade, 2003 Edition, with ~•egional amendments; l~, Minimu~al housing and building standards, Denton Code §§25-353 - 437 and ~ § 17-141- 210, as amended and as applicable; 1. Irrigation Standa~•ds, Denton Code §§28-441-- 457; and m, Moving Buildings, Denton Code §§28-326 375; ~4} Sig~1 regulations, as contai~aed 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 VLTastewater Crite~•ia 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, Drai~aage 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 Resou~•ces Code, as amended, applicable administrative standards of the Texas Coir>nlission 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 2Z 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. Deyelo~n~ent Plan to ,Remain in Effect. Following termination of this Ag~•eement for any xeason, the Development Plan set forth in Section 2 shall remain in effect for a period of 1 S0 calendar days thereafter, o~• until the effective date of the annexation and 3 s:lo~tr documentslmiscellat~eo~ts1141annexatia~3slburch fat~~ily farm 91.7GQ ac,doc permanent zoning of the Property, whichever first occurs, The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with tl~e Development Plan, The Uwners expressly waive any vested rights that might otherwise arise under local or state law, o~• by common law, from the submittal of such inconsistent development application, The Gwners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect, Section 5, A reement Deemed Void in Part Voluntar Annexation, ~A} 1f an Owner files any application or plan of development for or otherwise con~nences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Ag~•eement shall thereupon become null and void, ~B} Thereafter the City may initiate annexation of the Prope~•ty pursuant to Tex, Loc, Gov't Code subchapter C~1, or other such other provisions governing voluntary an~~exation of land as may then exist, Owne~.•s expressly and irrevocably consent to annexation of the Property under such ci~.•cumstances, Owners fu~•ther agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and p~•ocedures for an annexation plan, as required by Tex, Loc. Gov't Code section 43,052, ox• successor statute, Section 6, Notice of Sale. Any person who sells or conveys any portion of the P~•operty shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee, A copy of the notice shall be forwarded to the City at the following address; City of Denton, Texas ATTN; Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7, Recordin ,This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. ,Severability, Invalidation of any provision of this Agreement by judgment or cou~•t order shall not invalidate any of the ~•en~aining provisions which shall remain in full force and effect. Section 9. Remedies, This Agreement maybe enforced by either Gwner or the City by any proceeding at law or in equity, Faih~re 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:lour dacun~elltsltniscellat~eausll Olannexatiotjslbul•cl~ family farm 9 ! .7~Q ac.~oc 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 1lerein pursuant to Section 4, Section 11, Venue, Venue for this Agreement shall be in Denton County, Texas. Section 12, Execution in Multi le Co ies, This Agreement maybe separately executed ixa individual counterparts and, upon execution, shall constitute one and same instrument, Section 13, Term and Extension, The initial term of dais Agreement shall be for a period of five ~5} years from the Effective Date ~tlae "Term"}. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Tenn may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive terminatio~a of this Agreement, together with any other provisions, as maybe necessary for the implementation of those sections, The Parties hereto have executed this agreement as of , 2010. Burch Family Fai~aa, Ltd., Owners Richard L. Burch, President I Ja ➢ lle Burch, SecretarylTreasurer THE CITY OF DENTIN, TExAS By~ City 1Vlanag r, Deputy City anager, or Designated Representative 5 s.lol~r docu~nentslmiscellaneausllQla~u~exatio~lslburch family fa~~i~191.760 ac,dae THE STATE OF TEXAS } COUNTY QF DENTQN } This instrument was acl~nowledged before me on the day of , 2010, by Richard L Burch, as President of Burch Family Fa~~~, Ltd. E? ,a, ~ti Notary p~! blic Stat® at L~ MY ~4MMI8SI4N ~~Plq~'~ ~ Notary Public, State of Texas t. ~r THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acl~oowledged before me on the day of ~ , X010, by Janelle Burch, as SecretarylTreasurer ofBurch Family Fain, Ltd. ~~{~v p~,~~~~ CHRISTINE A, DIC Notary ~'ublic Stata of Taxes •r i ~ MY CO~MISSIpN ~xPIR~3 ~+r~ ar i~}~ March 2, zoo ~ ~ Notary Public, State of Texas . THE STATE OF.TEXAS } COUNTY QF DENTON } w~ his rostrum t was acl{ owledg d before ~e on~~he-~~~_ day o ,ZO~ by _ ~ y Mona rlDeputy City Manag ~IDesignated Representative, on behalf o the City of Denton, Texas. ~,,,~jY~r,,,,, ry Pub c State of Texas 4b`,~~~~,~ ~~r~N~~~~ K~ w~~r~~s u 0 4 NatBry pfl~ilC, ~~~~8 0~ ~f'@~{~S My Camrnissian expires u' 'r~~ ~/111 y,' Dec~mb~r 19, 201 ~ APPRaVED AS TO LEGAL FARM; ANNA BURGESS; ~CITY`~ATT Y w ~ ` - f~ After recording return to; Jennifer ~altezs llaneo~~sll~lanilexatio~~slburcl~ family fa~~m x.571 ac,doc City S ec~'etary 2 ~ 5 E. MG~~lnney Denton, T~ 7~~0~ CHAPTER 212 TEAS LOCAL GwERNMENT C[~DE NCIN~ANNE~ATIUN 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 Burch Family Farm, Ltd, ~"Owners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively refened to as "Pa~•ty" or "Parties": Being 2,571 acres of land, more or less, situated in the James W, withers Survey, Abstract No. 1343, Denton County, Texas, and being more fully described in the Second Tract of that certain Special Wa~•ranty Deed dated September G, 2x07 from Richa~•d L, Burch to Burch Family Farm, Ltd,, filed for record on September 13, 2007 and reco~•ded in Instrument Number 2007110040 of the Real Property Records of Denton County, Texas, Said 2,571 acres of land, more or less, is camnlonly known as DCAD P~~aper~y ~D ~o, 52~.~84. 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 te~•n1 of this Agreement; WHEREAS, owners and the City acknowledge that this Agreement between them is binding upon the City and the Cwne~•s 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 chapte~• 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property fluxing the term of this Ag~•eenlent; 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 pul~oses of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc, Gov't Code section 43.035; and WHEREAS, this Agree~nent is to be recorded in the Real Property Records of Denton County, Texas; 1T 1 s.la~~r dac~~men~slmiscellanea~~s11 O1a13~lexatia~lslb~~rcl~ family farm 2,571 ac•dac NGw, THEREFaRE, 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. Developme~lt Plan. Tl1e owners covenant and agree that use of the P~•operty for the term of this A eenlent and any extensions agreed to by the Parties shall be limited to fa~•~n~related and ranch-related uses and customary accessory uses, and single~family detached fal•~n or ranch dwellings, provided that no single-family dwelling maybe located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least frve ~5} acres in size, fot• the ur oses set fo~•th in this section without being in violation of this Agreement. Such uses and p p , activities constitute the development plan for the Property 1n satisfaction of Tex. Loc. Gov t Code section 212.172~b}. Section 3. Goyernil~g Re ulg_ anions. The following City regulations shall apply to any develo meat of the Pro e~•t , as ma be amended from time to time, provided that the p p Y Y application of such regulations does not resrtlt in interference with the use of the land for agricultural, wildlife management o~• forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawfiil 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 standa~•ds, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Gove~•ruuents Standard Specifications for Public worl~s Construction, North Central Texas, 3rd Ed.1998 ~NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a, International Building Code, 2006 Edition with local amendments; b, 1~1te~•~lational Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; 2 s:lo~tr docunletltsltniscellalleausll d1allnexatiotlsl~urc~1 falt~ily farn12.571 ac.doc d, Il~ternational Plumbing Code, 2006 Edition with local amendments; e. I~lternational Fuel Cas Code, 2006 Edition with local amendments; f. I~~ternational 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 amen menu; i. National Electric Code, 2005 Edition with local amendments, j, National Electric Safety Code, 2003 Edition, with regional amendments; k, Minimum housing and building standards, Denton Code § X28-3 83 437 and ~ § 17~ 141 210, as amended and as applicable; 1, Irrigation Standards, Denton Code § X28-441- 457; and m. Maving Buildings, Denton Code ~§28326 375; 4 S1 11 re ulations, as contained within Subchapter 15 of the DDC, as amended; g g ~5} Applicable water and wastewater connection, constz~uction 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 Conunission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Cas 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 standa~•ds 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 doc~imei~tslmiscellaneausll Olannexatioi~slb~~~•cl~ family fari~~ 2.571 ac,doc pe~•manent zoning of tl~e 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. Tlae Owners expressly waive any vested rights that might otherwise a~•ise under local ar state law, or by common law, from the submittal of such inconsistent development application. The owners fiirther 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 S4-day period during which the Development Plan is in effect, Section 5, A reement Deemed Void in Part Voluntar Annexation. ~A} If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan p~•ovided in Section 2, sections I and 3 of this Agreement shall thereupon become null and void. ~B} Thereaftez• 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 anl~exation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances, Owners furthe~• agree that such aru~exation 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 Cade section 43,052, or successor statute, Section G. Notice of Sale, Any person who sells or conveys any po~•tion 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 Z2l N. Elm Street Denton, T~ 7G20I Section 7. Recardin ,This Agreement is to run with the P~•operty and be recorded in the real prope~•ty records, Denton County, Texas. Section S. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement maybe enforced by either Owner o~• the City by any proceeding at law ar in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. 4 s:lour dac~~mel~tslmiscellaneousll Ola~~nexationslb~~~•cll fat7~ily farm 2.571 ac,doC Section 10. Change in Law. No subsequent change in the law regarding a~~nexation shall affect the enforceability of this Agreement or the City's ability to annex tl~e 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 Ag~•eement maybe separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. The initial te~~.n 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 A~.•eement is executed by the City. The Term nay be extended upon mutual agreement of the Parties. Section 14, Survival of Covenants, The covenants in Sections 2, and 4 shall survive tel~llination of this Agreement, together with any other provisions, as may be necessary fo~° the implementation of those sections. The Parties hereto have executed this agreement as of , 2010. Burch Family Farm, Ltd., owners Richard L. Burch, President ~ J elle Burch, SecretarylTreasurer THE CITY ~F DENTIN, TE~A.S By. City Manager, Deputy City Manager, o~° Designated Representative 5 s:lou3• dncume~itslmiscellaneousll Dla~~nexat~o~~slb~~rcll family farm 2,571 ac,doc THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acl~lowledged before me on the day of ~ , 2010, by Richard L. Burch, as President of Burch Family Farm, Ltd. r~ AGE{r ~ T~ ` ~P ~ ~ I N~rary Public Stare of ~ ~ P~ ~v ~a~~wi~s~a~ ~ ~ J Notary Public, State of Texas ~~1~ i ~A THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acl~nowledged before me on the day of , 2010, by Janelle Burch, as Secreta~ylTreasurer of Bru ch Family Farm, Ltd. r. f ~ ` ti .t, ~.,y Notary Public State ~f a My c ~ pi~~~ ~ Natary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } u.~_ This ~nstr ~ment was acl~now dged before me on t day o ~ ,20 by k ~ , Manager eputy City Manag rlDesignated Representa ~ e, on beha f of the City taf Denton, Texas. ~ n ~ e~'`4'r~~'~i~ JCNNlF~R wA~Y~~s N ry Pub State of Texas Notary ~ubiic, State of'~exas ~ My Camrnission expires +r . ~ y, M. APPROVED AS TO LEGAL F-0.. ' . ANITA BUR.GES S, CITY ATTO Y µ _ . ~r,.,_. r ,r f `a~s.,~ / r w^ After recording return to: Je~u~ifer Walters 11a~~eousll Qlannexatia~~slbucch famil fari~~ z2d.Z75 ac,dac Y Clty Secreta~'y 215 E. Mcl~irua.ey Denton, TX 762D 1 CHAPTER 2I2 TEAS LOCAL GaVERNMENT C~]~E 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 Burch Family Fa~~., Ltd, ~"Owners"}, the property awners of the hereinaftex• described property (the "Property"} in Denton County, Texas, sometimes individually or collectively refex•~•ed to as "Party" or "Parties"; Being that portion lying outside the city limits, of a 220.275 acre tract of land, more or less, situated in the William Roarl~ Survey, Abstract No, 1087; the James Severe Survey, Abstract No. 1164; the B,B.B, & C.R.R Company Survey, Abstract No. 196; and the J.W. Withers Su~~vey, Abstract No. 1343, Denton County, Texas, and being more f~~lly desc~•ibed in the First Tract of that certain Special Warranty Deed dated September 6, 2007 from. Richard L, Burch to Burch Family Farm, Ltd, Bled for record on September 13, 2D07 and ~•ecozded in lnstr~~ment Number 2D07~110044 of the Real Property Records of Denton County, Texas. Said 22D.275 acres of land, more or less, is commonly known as DC~4D Praperty ID 64687, DCAD Property ID 65694, DC~4D Property ID 38760, DC.~D Propert,}~ ID 38139 c~nd DC.~D Property ID ZZ01 ZZ, respectively. WHEREAS, the City leas 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 desi~•e that the Prope~•ty remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Uwners 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 agricultu~•al or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, aWNERS represent that it is thei~• intention not to develop the Property during the term of this Ag~.•eement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an ag~•eement 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 owne•'s covenant not to develop the property and to authorize the municipality to apply developrnent regulations not inconsistent with agricultural use; and WHEREAS, the Patties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.x35; and E~H1~~T 1 s:lot~~~ doc~~mentslmiscella~~ea~~s1101a~~nexationsl~urcl~ family fat•t~~ ZZ0.27S ac,doc WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties he~•eto agree as follows: Section 1. Continuation of ETJ Status, The City guarantees the continuation of the extraterritorial status of the Property and agrees not to a~uaex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section Development Plan. The owners covenant and agree that use of the Property for the te~•m 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 21Z.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 ~•esult in interference with the use of the land for agricultural, wildlife management or forestry pu~~oses and does not prevent the continuation of a use established prior to the effective date of tl~is 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 P1an,1999WZO20, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standa~•ds 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 fo~• Public worl~s Const~•uction, North Central Texas, 3rd Ed.1998 ~NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and ~9, and DDC Subchapter 24, adopting: a. I~~ternational Building Code, 2006 Edition with local amendments; 2 s:lour documentsl~niseellaneous1~01a~~nexationslburch family fa~•m 20.275 ac,dac b. International Residential Code, 200 Edition with Appendix G and local amendments; c. The Intel~lational Fire Code, 2006 Edition with local amendments; d. hnternational Plumbing Code, 2406 Edition with local amendments; e. International Fuel Gas Code, 2046 Edition with local amendments; f, Intel~ational Mechanical Code, 200 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h, International Energy Conservation Cade, 200 Edltlon with regional amendla~ents; i. National Electric Code, 20x5 Edition with local amendments, j . National Electric Safety Code, 2003 Edition, with re Tonal g alnendlnents; l~. Minimum housing and building standards, Denton Code §~2S-3S3 - 437 and ~ ~ 17W 141- 210, as anael~ded and as applicable; 1. Irrigation Standards, Dentol~ Code ~§28-441- 457; and n1. 1Vloving Buildilags, 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 2~ of the Denton Code of Ordinances, as amended, and Subchapters 1 ~ and 21 of the DDC, as amended, the Denton watel• and Wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas ~tllltle5 Code, as amended, and applicable administrative standards of the Texas Commission old Environmental Quality, as amended; ~6~ Applicable Flood Protection, Dlainage 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 ameladed, 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 adminlstrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas Nell 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. 3 s;lour daeumentslmiscellaneousll0lannexationslburch family farm 220.275 ac.dac 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 Prope~•ty 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 Prope~•ty that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 18fl-day period during which the Development Plan is in effect. Section 5. A reement Deemed Void in Par•t~ Valuntar Annexation. ~A} If an Owner files any application or plan of development far or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void, (B} Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C~l, or other such other provisions governing voluntary annexation of land as may then exist, Owners expressly and irrevocably consent to annexation of the Property under such circumstances, Owners further agree that such an~lexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43,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 30 days written notice of this Agreement to the p~•aspective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address; City of Denton, Texas ATTN: Director of Planning and Development 221 N. EIm Street Denton, TX 76201 Section 7. Reco~•din .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Seyerabilit~. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect, Section 9. Remedies. This Agreement m.ay 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 Ag~•eement by Owner waives no rights as to matters not addressed in this Agreement. 4 5:1Qllr d~c1113~1r31t5~1311SCC~~~11~Ol1SIa ~1~1111~X~t1~}315IU111•ch family farm 22.275 ac,doc Section 0. Chan e in Lai. No subsequent change in the law regarding annexation shall affect the enforceability of this Ag~.•eement or the City's ability to annex the properties covered herein pursuant to S ection 4. Section Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12, Execution in Multi le Co ies, This Agreement maybe separately executed in individual countet~arts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension, The initial tezm of this Agreement shall be for a period of eve ~5} years from the Effective Date ~tl1e "Tenn"}. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Te~~.n may be extended upon mutual agreement of tl~e Pal•ties. Section 14. Survival of Covenants, The covenants in Sections Z, and 4 shall su~•vive termination of this Agreement, together with any other provisions, as maybe necessary for the implementation of those sections, The Pa~~ties hereto have executed this agreement as of , 2010, Burch Family Farm, Ltd,, Owners Richard L, Burch, President r, ~ { 1a~ lie Burch, S ecretarylTreasurer TKE CITY ~F DENTIN, TEAS By: City Manager, Deputy Ci y Manager, or Designated Representative 5 s.lour documentslmiscellaneousll0lamiexatiot~slbiu~cl} family farm 220.275 ac.dac THE STATE OF TEXAS COUNTY OF DENTON ~ This instrument was aclff~owledged before me on the day of , 2010, by Richard L. Burch, as President of Bur ch Family Farm, Ltd. ~ ~ ~ Notar ~ C y Pudic State pt rep ~pw r~Y ca~~rss~ow ~x~r~~ ~ t i ~Oi 3 Notary Public, State of Texas ~ 1- ~ THE STATE OF TEXAS ~ COUNTY OF DENTON ~ This instrument was acl~n.owledged before me on the day of ~ ~ , 2010, by Janelle Burch, as SecretarylTreasurer ofBurch Family Farnr~, Ltd, ~'r4 ~ .r Notary p biic 5t~ta of'.~ ~ ~ ca~r~~~o~ ~xa~~~ ~ ~ X113 Notary Public, State of Texas t. . ~ THE STATE OF TEXAS ~ COUNTY OF DENTON ~ r~/r/~~`J ~ 'i 1 T Ii This instru ent was a l~.~owledged before m ~ day o ,20, b~ ,City Mana erlDeputy City Manage (Designated Representativ on behalf of the City of Denton, Texas, -•r ee~~gYP~~4i J~NNI~~~ K. wA~~~~t~ ~ ary Pub c State of Texas q tieeq~,~ lf~~' ~UtBN ~tl~3~lC, Mate 0~ ~6XaS a i ~ w ~ , My Commission i=xp~~es f ~rrl9t ~ ~ , i~$,ee f ~ ` December ~ 4, 210 ti APPROVED As To.LE~A~F~. . ANITA BUR:G~SS, CITY ATTO Y - _ w,w_ 6 Aftez• recording return to e Jelu~ifer wafters ellanenusll0lanncxatio~~slburcl~ family fa~•m 1.57 ac.doc Clty Secretary ~ ~ 5 E. McK.inz~ey Denton, T~ 7620 ~ CHAPTER ZlZ TExAS LOCAL GOVERNMENT CGDE NON~ANNEXATION AGREEMENT This :Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between tl~e City of Denton, Texas the "City"} and Burch Family Farm, Ltd, ~"owners"}, the property owners of the hereinaftef• described property the "Prope~•ty"~ in Denton County, Texas, sometimes individually or colfectively referred to as "Party" or "Parties"; Being 1,457 acres of land, more or less, situated in the B,B,B. & C.R,R. Co, Survey, Abstract No, 196 and the J. Withers Survey Abstract No. 1343, Denton County, Texas, and being more fully described in the Second Tract of that certain Special warranty Deed dated September 6, 2007 from Richard L, Burch to Burch Family Farm, Ltd, filed for record on September 13, 2007 and recorded in lnstiument Number 2007110044 of the Real Property Records of Denton County, Texas. Said 1.457 acres of land, more or less, is commonly l~nown as .DC~4D P~~ope~ty ID Z20IZ3 a~~d DC~4~ P~ope~^ty ID 5.4407, respectively. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex, Loc, Gov't Code ch, 43; and WHEREAS, Gwners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ") for the term of this Agreement; w~IEREAS, 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 App~•aisal District records show that the Property cu~~•ently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex, Tax Code chapter 23.C, D, or E; and WHEREAS, GwNERS represent that it is their intention not to develop the Property du~'ing the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43,035 autho~•izes 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 municipafity's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regufations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43,035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; ~ ~~~-1T 1 ~ ~ IL s:laur documentslmiscclianeousllQlannexationslburcl~ famiiy farm i ,~57 ac,doc NOw, THEREFORE, in consideration of the mutual covenants contained herein, the Pa~•ties hereto agree as follows: Section 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, howeve~•, to the provisions of this Agreement. Section 2, Development Plan. The Owners covenant and ag~•ee that use of the Property for the term of this Agreement and any extensions agreed to by the Pa~•ties shall be limited to fa1~n-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 fo~~h in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc, Gov't Code section 2 ~ 2.172~b}, Section 3, Gove~.aing 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 interfe~•ence with the use of the land for agricultural, wildlife management or forestry pu~~oses and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed ~l}Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, ~ 999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incoz~orated 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 ~NCTCaG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subcha ter 24, ado tin p p g a. l~ate~.~.ational Building Code, 2006 Edition with local amendments; b, lntet~national Residential Code, 200 Edition with Appendix G and local amendments; c, The International Fire Code, 2006 Edition with local amendments; 2 s:lour documentslmiscella~~eausll ~lannexatio~~sll~urc}~ family fa~•m 1,45 ac.doc d. I1lternat1011a1 Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f, I~Zternational Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter' 17, Denton Property Maintenance Code, as amended; h, Inte~~ational Energy Conservation Code, 2006 Edition with regional amendments; i, National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; l~. 1Vlinimum housing and building standards, Denton Code §§25-383 437 and ~ ~ 17-141- 210, as amended and as applicable; 1. I~'rigation 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 ope~•atian 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 ~LTater 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 subchapter's 17 through 19 of the DDC, •as amended, the Denton Drainage Criteria Manual, as amended, a~ad as supplemented by requirements of the Texas water Coale, 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} G-as well platting, drilling and production standards, as contained in §35.16.19 a~ad 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 Raihoad Commission and Texas Conunission 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 ~'emain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 3 s;lour documentslmiscellaneousll0laru~exationslburch family farm 1.57 ac•doc permanent zoning of the Property, whichever fu'st occurs, The Parties covenant and agree that the City nay deny any development application or plan of development that is submitted to the City for the Prope~~ty 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 180-day period during which the Development Plan is in effect, Section 5. A reement Deemed Void in Part Voluntar Annexation, ~A} if an Gwner hies any application or plan of development for or otherwise commences development of any po~•tion of the Property inconsistent with the Development Plan provided in Section 2, sections l and 3 of this Agreement shall thereupon become null and void, ~B} Thereafter the City may initiate an~~exation of the Property pursuant to Tex, Loc. Gov't Code subchapter C-l, or other such other provisions govei~ing voluntary annexation of land as nay then exist. Gwners expressly and irrevocably consent to annexation of the Property under such circumstances, Gwners further agree that such a~anexation by the City shall be deemed voluntary, and not subject to the requi~•ements and procedures for an annexation plan, as required by Tex, Loc. Gov't Code section 43.052, or successor statute, Section 6~ Notice of Sale. Any person who sells ox' conveys any portion of the Property shall, p~•ior 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 forwa~•ded to the City at the following address: City of Denton, Texas ATTN: Director of Plal~ning and Development 22l N. Elm Street Denton, T~ 7201 Section 7. Reco1•din .This Agreement is to run with the Prope~•ty and be recorded in the real property records, Denton County, Texas. S ectlon 8. Severab~~~ty. invalidation of any provision of this Agreement by j udgment or court order shall not invalidate any of the remaining provisions which shall remain in full force a~ad effect. Section 9, Remedies, This Agreement maybe enforced by eithe~• 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:lo~i~~ docl~mentslmiscellaneottsllOla~lnexationsll~iirch falr~i~y fa~~m 1.57 ae.doe Section 10, Change in, Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered. herein pursuant to Section 4. Section 1 l , Venue. Venue for this Agreement shall be in Denton County, Texas. Execution ~n Mul.,,., Section IZ, tiple Collies, This Agreement maybe separately executed in individual counte~~arts and, upon execution, shall constitute one and same instrument, Section 13, Te~•~~~ 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. ~I Sectiola 14. Survival of Covenants, Tl~e 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 Pa~•ties hereto have executed this a reemen s g t a of , Zo10, Burch Family Farm, Ltd,, owners v Riclaa~•d L. Burch, President J lie Burch, SecretarylTreasurer THE CITY OF DENTIN, TEAS By' City Manager, Deputy City Manager, or Designated Representative 5 s:lnrtr dacumentsl~niscellaneous1101anr~exatio~~slburc~l family farm 1,57 ac.~oc THE STATE OF TEXAS } COUNTY ~F DENTON ~ This Instrument was aclmowledged before me on the day of , 2010, by Richard L, Burch, as President of Burch Family Farm, Ltd, . H ~ Ti A~ Natary i~utalic State of Tee MY CQ~IMISSION ExPIR~ ~ ~ ~ ~ Ion X413 ~ d tr Notary Public, State of Texas 1. THE STATE OF TEXAS } COUNTY OF DENTON ~ This instrument was acl~zowledged before n1e on the day of ~ ~ , 2010, by Janelle Burch, as SecretarylTreasurer ofBurch Family Farm, Ltd, s ~~~~Y p~o~, ~HRlT~H A. DEC Lam= . y Notary pudic State a! Tex ~tv co~Miss~o~ ~xp~~~~ Notary Public, State of Texas ~ 1~ M~roh got s ~ .r THE STATE ~F TEXAS } COUNTY aF DENTDN ~ his inst-rut ant was a l~.owle ged before me_ ..th~~~~~ day o ,2~~ b-y~ } , Man ~ erlDe u Ci Mana erlDesi aced p tY tY gn Representatl , on behalf of the City of Denton, Texas, M`+~'~~'rpi;~'. JENNIFER I~, WAS ~.~~°~~r~ ~•~~'>>A ~~~s o ~y Pu 1- ,State of Texas . ~ i ~ ~ Notary Pudic, State of Texas My Commission expires '°~~~~°tt ~vctirri~~r ~ X010 APPROVED AS To.LE~A~ - ANNA BURGESS, CITY ATTORNEY _ 6 Aftex° recording retu~•n ta; Jennifer Walters City Secreta~•y ~ 15 E. Mcl~inney Denton, T~ 76201 CI~APTER 212 TE~A.S LO CAL 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 Nelda Hackett ~"Owners"}, the property owners of the hereinafter described property the "Property"~ in Denton County, Texas, sometimes individually or collectively referred to as "Party" ox• "Parties"; Two called tracts of property described in a warranty Deed to Nelda Hackett, described as Instrument Number 2003~R0137250 of the Real Property Records of Denton County, Texas, which is attached hereto as Exhibit A, one such called tract consisting of approximately 3,506 acres of land, and the other called tract consisting of approximately 3.02 acres of land, and commonly known as Tax Parcel Nos.129034 and 131776, respectively, WI-IER.EAS, the City has given notice of its intent to institute annexation proceedings for the Prope~•ty in accordance with Tex. Loc, Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ("ETJ"} for the term of this Agreement; WHEREAS, Owners and the City acl~nowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is app~•aised for ad valorem tax purposes as land for agricultural or wildlife n~anagement use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, ar E; and WHEREAS, OWNERS represent that it is their intention not to develop the P~.•ope~~ty during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to ente~• into an agreement pursuant to Tex. Loc, Gov't Code section 212,172 for purposes of ~•etaining land in the municipality's ETJ in exchange for the prope~•ty owner's covenant not to develop the prope~.•ty and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WI-1EREAS, 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 Pal-ties hereto agree as follows; 1 ~ ~~1T Section 1, Continuation of ETJ Status. The City guarantees the continuation of the ext~.•atez~ritorial status of the Property and agrees not to azanex 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. DevelopmentwPlan, The Uwners covenant and agree that use of the P~•operty for the tel~rn of this Agreement and any extensions agreed to by the Parties shall be limited to farln~related and ranch~related uses and customary accessory uses, and single~family detached fa1•m or ranch dwellings, provided that no single-family dwelling maybe located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land 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 Prope~•ty in satisfaction of Tex, Loc, Gov't Code section 212.172~b}, Section 3. Gove~~~ing Re lations., The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that tlae 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 tlae effective date of this Agreement and which remains lawful at the tune tlae Ag~•eement is executed: ~1} Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, 19992020, as amended, including but not limited to the ~RD-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 NZanuals including construction, drainage, site design, solid waste, transpo~•tation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Constr~~ction, North Central Texas, 3rd Ed.1998 ~NCTC~G Manual}; ~3} Denton buildi~ag 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. Intennational Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; 2 d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h, International Ene~•gy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with ~•egional amendments; l~. Minimum housing and building standards, Denton Code §§28-383 437 and ~~17-141 - 21D, as amended and as applicable; 1. Irrigation Standards, Denton Code §~25-441- 457; and n~. 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 colulection, 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 Envi~•onmental Quality, as amended; ~6} Applicable Flood P~•otection, Drainage and ~•elated standards, as contained within Chapter 30 of tla.e 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 wate~• Code, as amended, Texas Natural Resou~•ces Code, as amended, applicable administrative standards of tlae Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Nlanagen~ent 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 3 Railroad Commission and Texas Commission on Environmental Quality, as amended, Section 4. Develo ment Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application 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 furthe~• agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180~day period during which the Development Plan is in effect, Section 5. A reement Deemed Void in Part Voluntar Annexation, (A} 1f an Owner files any application or plan of development for or otherwise co~rllnences development of any po~•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 C~1, or otl~e~• such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to am.~exation of the Property under such ci~•cumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an a~ulexatio~a 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 o~° grantee, A copy of the notice shall be forwarded to the City at the following address; City of Denton, Texas ATTN; Director of Plan~~ing and Development 221 N, Elm Street Denton, Tx 76201 Section 7. Recordin .This Agreement is to rtin with the Property and be recorded in the ~•eal property reco~°ds, Denton County, Texas. Section 8. Seve~•abilitY. I~lvalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. 4 Section 9, Remedies. This Agreement maybe enforced by either owner or the City by any proceeding at law or in equity, Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter, Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. Section 10, Change in Law, No subsequent change xn 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, Tenn and Extension, The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"}. The Effective Date of the Agreement sha11 be the date the Agreement is executed by the City, The Term maybe extended upon mutual agreement of the Parties, Section 14. Survival of Covenants, The covenants in Sections 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementatioza ofthose sections, The Parties hereto have executed this a reement as of~~~►~ ~~.Gar ~ 2010, g Nelda Hacl~ett, OV~NER By: ~ _ ~ Richard L, Burch, Attorney-in-Fact for Nelda ~3acl~ett, by Durable Power of Attorney, attached hereto as Exhibit B 5 The City of Denton, Texas By' City an ger, Deputy City Manager, or Designated Representative THE STATE GF TEXAS } COUNTY OF DENTQN } This lnst~~ument was acl~.~owledged before me on the day of C~ L , 2010, by Richard L, Burch. 1 ~ + ~jiy►rrr4 ,a~,t,, ,;~tfi%,S1EP~ANI~ IYNN CL~MMQNS~J ~w; ;r : Notary ~t~blic: State of Texas My Cammissian i~xpi~es ~''hr~~~~~ti~`~ ~B~lftlgly ~~13 4 '~r~m~ti+ti THE STATE OF TEAS } COUNTY OF DENTQN } This instrument was acl~now ged befoz• r one on t e days s 2010, by ; -~~,t anager e uty City ManagerlDesignate epresentative, on behalf of the City of Denton, Texas, ~~imrrj w~~r~~~ *`~oti~,~rpU~~f~r J~~~N)~~R K, Nat~~y f'ubfic, Stage of Texas ,~y~ My ~amr~iasian ~x~ires tar Pllbli Late of Texas ~Ij9~~pp~~~'~,~*~ ~~~~mb~r ~9, Y 7 ~~1~If 111~~~ APPROVED ~ LEGAL FO ANITA~~I~RGESS, CITY ATT Y B, _ 6 • ~ ~ ~ ~ ~ •:nl"lhti~~r.i~tp~~:WIVCaLr~FI+~S"`itt~'ieltiSiiJ'S1iYiF.:4'OrrP.l~s:l~~ ~s•r r~• ~ r,::.l ; r.. ~....rl~,:,:+ .Y i l f 5 I~ 4 I TC BE ~~~URp~D lid ~ ~ . INA~RA~ 3 t 5 y ~ t ' ,1"~ust~e~ of the ~ild~~o 7~ust ~antor~; C~n`al1 Aden ' ' A~d~~sse~ t~n~lud~n~ ~nuntY}~ i ~rant~~s' C~lI~i1~n~ ti~ C~n'al~ ~der~ . ~~Ul~~y: ~ .,ti ' ..r yT~ ~ •~r~ J i ~ 5 i~~, ~ r ~ + ~ ~ i ' J ~-,,y"""i ~ . Y 4~ ' 1 , ~~~nt~e; N~Ida 1~ack~~ ~~~nte~'~ C~Iaii~ng Add~~ss {inc~u~iing ~~untY)~ i r ~~~Yi~t 76~~~~O~~B „5 1, ~~unky: flar~tan . ~ as apt ~f t~~ term~n~ti~n of ~i~d~~ ~tustr CC1nSi~~1'~~CL~~: 7I"11S con~~y~nCa 1S [TISd ~ P~~ e ~in~~udin~ any ~tnpr~rra~n~r`tit~): ~ ~ gas 5t ~n f~ ~~y l~~ted ire ~antun County, Aii ~f ;ante's 1~t~re ~ ~ shed ~xhr~st r~or~ partiGU~~r1y des~`i~ed an ti-i~ atta t r Y ~ ~ 1 i , ~;5 ' JJ ~ ' 1 I? I', .-......~.+.~.w+nw.aorra.~T~rY". r+~,rfJ"r' ~ ,~'lw~~`, t~~44'Alr+.~t1~~rf.I1:.ti71~T.~4i~C:V~Y~i1~~'C X14 ►4i114~Lt': :1tilM''S:1.' Z} 1 F i i 1 ~ ~e~er~ratiens from and Exoeptiar~~ to Gan~ayan~e end 1Narranty: ~ ~ ~I1 instruments of reoord a~f$cting the P'ropert~r; AIC unrecorded ea~ernent~ and righ#~~of way; ; . l~i~hls of parties in pos~essiart; 4, Grdir~enoes and ether restrictian~ imposed a.gain~t the PropertY~ and 5. Unpaid taxes for or any prier year impa~ed after the date of the COr7~oyanCe. Granters, far the ceri~ideratic~r~ and suh~eot t~ the reservations frem end exceptions to nveyance and warranty, grant, s~i{, and ~nvey to Grantee the lire art to ether with a!l and singular the rights ar~d appurtenances thereto in any p ~ end hall it unto Grantee? ~rentee's heirs, executers, w~sQ ~elangmg, t~ hav adrr~inistratarst successors, or assigns forever. Granters hind Grar~tars antl Granters' , ef~iCiates, o~ic~rs, directors, employees, and a~ants to warrant artd forever defend al! ; and singular the Property to grantee and Grantee`s heirs, executors, adminis#rat~rs, successors, and assigns against ever person v~omsc~ever lawfully claitnirtg or to ; alairn the same ar any part hereof, except as tc the reservations from ar~d ex~eptir~ns to r~n~reyance and warranty. , then the ~r~te~ct requires, singular nouns and proneur~s include the plural. BiL1~AC~ Y~t15T ~~z`rQll ~d~11, ~rtl~~e~ r'~ ; , ~ . 4 r -~_........~.«w,ww ..r .~wutitllr ~.Nro r~Yer~l'~ . ~ ~ ~ +:r+;'rr,~~Trlfi!('k~'.11~~~~i►~.~rhC~~~.t:t:f~]"e.~.fit:::R'~4~~1~If.~::a~~%iF~.:.ra'!'~W.4'~iW' •kra 1 i I i I I { i ' ~ ~ ~ ~ ~ i ~ TOTE TEXAS ~ } E / ~ ~f 4~ t ~ ! ~ 1G~,~ , T`hls ir~~t~um~nt v~~~ ~~~n~wl~~~e~ b~€~r~ ~n t~~ ~ day of i ♦ v ~ ~ ! M ~~m f~sE~n ~xp1~~S; n r ~ N~t~ry ~u~ji~, Scat f T~~ ~ , i ~~F~S ~ , ~ ' } 1 e r~i~~ f i r I ~,a` ! l - t , r 8,~~'►~ 1~~~ S, ~~YIS~TAN ' ~~~Y ~~~,4~hlS~lgM ~xpS~~5 i~ ' . .s ~~T~R ~~G~R~~~~ R~TURI~ , 1~►~uI i~r~~d~©rd , t~vr~ ti~nr~li, 7~1~? P ! _ ~ 1 E~~. e r.~/~, ~ ...~~}K"L~ti~p`~4ri'4'~'r11i~fS~':1fA!'i^.dri+da7lfrl~'.'4'G'.r~El.t'tL'<Li~"r~ri~i~`wl'~~~i~'S~-~~ `L Y 1~k V I(` 4 I ~ l E ~7ll~t~lT A 1Na~~r~r~ty deed from Carroll ~der~ ~n~ ~~il k~~~r~ik, Tr~ste~~ of Biidacr~ Trutt ~ N~1d~ l~~kQtt t ~tta~l~~d ~t~rueY de~~ipt~~ns~ i [ ~ E. f i i 1 I. 1~1.~,, . l~A• i I [e' S F , E 1 r ~1 yV 1 11 i III I j l~ s~ ,E. +i i k k skf. l f~~~ f i 'r~4'.7"7. 1 l c ~i if J _ - r r./ aw~r•M FH w~slri r l~r'R r' ~ • ~ r r ~ ~ .r~':iY:+~SZirfi'y~'Nl~~ei7'dl~~~[~lil}TiI~1ly~h«"f'~'.:~~..~•l:w:twl~rl~.~71~A.'i4 f E I t i 1 1 f . k.~ ~'t~Ll~ fnf a c~~Eta 1nt, tract Ar pAS~T ai ktu~d Grata 3,~~ ~cr~ sliuatrd ~ , tin ,~nmr~ ~l W~~sac~ Su1ua~, A~straG~ ~3~ In Uenkvr~ Gouty, TAx~s, Said land boin~ a f grii~r► Q~ t~lAt ~Grtuiri $CSC 1"l~t 7"ta~ rno4aYcd ~I1 ~1 M~1~1Ykpn et U]L ld V.~1 I ~y dc~d data! Matclt 16, 1~3~ And raaoracd ir!'~~1 cis tal~laws of the ~~ntort aunty ~7ccd Racar~s and bcln~ marc g~~tutt}~ly dcx~ t, ~~1~~ at an irons girl sct ~tyt ~ nGtibc~t ~trncr ~E thls lra~, fiald pGi~~ ~a~ > `'acs 4.S feint from !hM ~xistln~ nnrtber~t~nrncr S~Ih 00` `L'ast, ~7,~~ ice:l and t► ~ ~E €cld 2.55 at~a First'~ct THENCE ctloa~ ~ cxiSt~g ~~:rit: tifrlo r~ fcltrnv~; 5tanth S~' }~";',~.~:4, ~~5,?~ it:Ct !n ac; iran ;~fn; South Batt, 27,.74 ~c~,t t►~ an ~it~n gia ic: fnr i!~~ ~'„"}u~~rDSt i'Y~T~IGr ~ ai' t~is tray i Sau1h b~' Wrs', X31 icrt t;~ ut irr~re plrt s~ t trrr +.hG t~u!h+Yrsl aam~r of t'ni~ tta~. 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