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2010-038s:lour documentslordinances1l41dh-11 accepting non annexation agreements.dac ORDINANCE N0. zo~.o~o~s AN ORDINANCE PROVIDING FOR ACCEPTANCE OF ELIGIBLE NON-ANNEXATION AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE PROPERTIES WITHIN AN AREA OF LAND ADJACENT TO AND ABUTTING THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS DH~II OF APPROXIMATELY 3S8 ACRES LOCATED SOUTHEAST OF THE INTERSECTION OF MAYHILL ROAD AND MCKINNEY STREET, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43,061, Subchapter C~I, 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~ 11, as hereinafter described; and WHEREAS, Section 43.035, Subchapter B, Local Government Code requires the City to make offers of non-annexation development agreements to the owners of all properties which have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland within the area to be annexed; and WHEREAS, under anon-annexation agreement between an eligible property owner and the City, the land subject to the agreement retains its extraterritorial status and the owners of such land must abide by the City's development regulations as if such land were within the City limits, as provided further in such agreement; and WHEREAS, the city has offered said non-annexation agreements for a five year term in light of the rapid growth of the Denton area, the need to assure orderly growth, and the inadequate land area currently within the Denton city limits; and WHEREAS, the owners of some eligible properties have executed such non-annexation agreements; the owners of other properties 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 I , The f findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. s:laur documentslardinances1141dh-1 I accepting nan annexation agreements.doc SECTION 2. The area of land which abuts and is adj acent to the existing corporate limits of the City of Denton, Texas, known as DH-1 1, 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-1 I, as described and depicted in Exhibits A and B, which have been properly executed by the owners of those properties and which have legally sufficient property descriptions, are hereby approved by the City of Denton and are attached hereto and incorporated herein by reference as Exhibits "C-1"through "C-~ SECTION 4. The City Manager is authorized and directed to sign the non-annexation agreements contained within Exhibits "C-1" through "C- ~ "for and on behalf of the City of Denton as a ministerial act, but with an effective date of this Council's action an carne. 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- 11, 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 subs ect to the agreements so desire. SECTION 6. Should any paragraph, section, sentence, phrase, clause ar 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 by the City Council reading this 9t~' day of February, 2010. MA A. B ~ 0U ,MAYOR ATTEST: JENNIFER wALTERS, CITY SECRETARY BY: APPR ED S TO LEGAL FORM: ANITA BURGES S, CITY ATTORNEY Page 2 EXHIBIT "A" Annexation Tract ~]H11 ALL those certain lots, tracts or parcels of land lying and being situated in the fount of y Denton, State of Texas and presently bung wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation ordinances as follows. Ordinance 1965-43 Tract Qrdinance ~ 9735 , ordinance 19S 1-9~, ordinance 1953-18, ordinance 195319, ordinance 1953-134, ordinance 1956-13, and ordinance 1956-129, and being more specifically described as follows; DH~11 BEGINNING at appoint at the intersection of the properties described by ordinance 65- 43, Tract ~ and ordinance 53-134, said point being the southwest corner of the property described in ordinance 83-134; THENCE southwesterly along the south line of the property described in ordinance 53- 134 to apoint intersecting the west line of the property described in ordinance $6-13; THENCE South 1 ° 11' S8"East, 78.75 feet to a point for a corner; THENCE South 0° 14' 47"East, 321,99 feet to a point for a corner; THENCE South 1 ° 00' S4"'West, 692.37 feet to a point for a corner; THENCE South 88° 07' 49"East, 158.15 feet to a point for a corner; THENCE South 1 ° 00' 46"East, 795.58 feet to a point for a career; THENCE South S9° 30' 13" East, 812.67 feet to a point for a corner; THENCE North 1° 00' 46" hest, 798.5$ to a point for a corner; THENCE North 0° 10' 40" East to a point for a corner, said corner being on the south line of the property described in ordinance 53-134; THENCE southeasterly along the south line of the property described in ordinance 53- 134 to apoint, said point being the southeast corner of the said property and intersecting with the property described in Ordinance 86-129; THENCE southeasterly along the south line of the property described in ordinance S6w 129, approximately 1790.55 feet to a point for a corner; THENCE southerly along the west line of the property described in Ordinance 56-129 to an intersection with the property described in Ordinance 83-15; THENCE westerly along the center line of Pecan Creek, approximately 535.62 feet, as described in ordinance 53-18, to a paint in the center of Pecan Creek, said point being the southeast corner of the property described in Ordinance 81-094; THENCE along the center line of Pecan Creek, approximately 2317 feet, as described in Ordinance 81-094 to a point for a corner, said point being the southernmost point of the property described in Ordinance 83-19; THENCE along the center line of Pecan Creek, approximately 3454.72 feet, as described in Ordinance 53-19 to a point for a corner; THENCE South 65° 45' 12" East, 96.30 feet, to a point of intersection with the property described in Ordinance 81-94; THENCE North ~5° 45' I2" west, 289.8 feet to a point for a corner; THENCE along the center line of Pecan Creek, approximately 2232,33 feet as described in ordinance 81-94 to a point for a corner; THENCE North 88° I2' west, 31.8D feet to a point for a corner; THENCE South 3° 51' 32" west,l6o feet to appoint for a corner; THENCE North $6° 43' 28" west,145a feet to a point for a corner, said point being on the eastright-of way of Mayhill Road; THENCE northerly along the east right-of-way line of Mayhill Road as described in Ordinance 7308 to a point, said point being the southeast corner of the property described in ordinance d5-43, Tract Z; THENCE northerly along the east side of Mayhill Road as described in Ordinance 65-43, Tract Z to the Point of Beginning. E X H I B I T B ~ ~ ~ ~ f ~ i ~ I ~ ~ f t j ! ~ ~ i f ~ ~t ~ ~ y~~ ~ ~ ~ ~ ~ J ~ ~ ~ r r 1 J ~ f ~ , , ~ ~ X26 r I 4 \ ~1 -7 f _ 77711fIII ~ ~ ~......w....,.....~._...., _ w _ i , \L ~ ~ ~ i ~ F ~ ~ ~ d~ ' reatment Plant Rd. 1 ~ Sp nc r Rd, ~ 1 ~ Fostered. ~ ~_r ..~m...~... ~ ~ ~ ~ ~ ' ` t ~ ~ k ~ f f ! E , ~ ~ f, ~V f r 1 ~ ~ FREESE City of Denton, Texas 1 ~NICH~LS DH ~1 ~ 3Sl Acres W E ~2~f 0 400 800 1,600 x,400 I I After recording return to Te~uaifer wafters ;1laneous1101annexationslc j, hughesnon-annexation agreement.doc City Secretary 215 E. Nlc~~inney De11t011, T~ 76201 CHAPTER 212 TExAS LGCAL GGVERNMENT CODE N(]N-ANNExATIUN AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex, Local Gov't Cade by and between the City of Denton, Texas the "City"} and C.J. Hughes ~"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 all of a 11.3 $7 acre tract of land, more or less, and that portion lying outside the city limits, of a 6.392 acre tract, more or less, situated in the Moreau Forest Survey, Abstract No. 417, Denton County, Texas, and being more fully described in Tract 1 and Tract II, respectively, of that certain Special Warranty Deed dated June 11, 2407 from Deutsche Bank National Trust Company as Trustee for Long Beach Mortgage Loan Trust 2005-3, by Washington Mutual Bank as attorney-in~fact to C.J. Hughes, filed for record on July 9, 2007 and recorded in Instrument Number 2007-SOS~2 of the Real Property Records of Denton County, Texas. Said 11.387 acre tract of land, and that portion lying outside the city limits, of the x,392 acre tract of land, is commonly known as DCAD Property ID Nn, 3 731 Z, WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex, Loc. Gov't Code ch. 43; and WHEREAS, owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex., Tax Code chapter 23,C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex, Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex, Loc. Gov't Code section 212,172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex, Loc. Gov't Code section 43.03 5; and ~~~T 1 s V: s;lour documentslmiscellaneousllOlannexatianslc j, hughesnon-annexation agreement.doc WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NCw, THERF,FGRE, 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. 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 na 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 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 Develo ment Code "DDC" , as p ~ ~ amended pursuant to The Denton Plan,199~-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, 2S and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; 2 s:laur ~ocumentslmiscellaneousllOlannexationslc,j, hughesnon-annexation agreement.doc b, International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International IVlechanical 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 ~~25-3$3 - 43 7 and ~ ~ 17-141-~ 210, as amended and as applicable; 1. Irrigation Standards, Denton Code § X28-441-- 457; and m, Moving Buildings, Denton Code §§2$326 - 375; ~4} Sign regulations, as captained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, cantained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Com~m.ission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, as contained in §35.16,19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended, 3 s;taut dacumentslmiscellaneausll0lannexatianslc j. hughesnon-annexation agreement.dac Section 4. Devela ment Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect far a period of 1$o 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 Uwners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The 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. ~A} If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B~ Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C~ 1, or other such other provisions governing voluntary annexation of land as may then exist. owners expressly and irrevocably consent to annexation of the Property under such circumstances, Qwners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.452, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser 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 22l N. Elm Street Denton, TX 7201 Section 7. Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section Severability. lnvalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full farce and effect. Section 9. Remedies. This Agreement may be enforced by either owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement, . 4 s:lour documentslmiscellaneousll~lannexationslc,j, hughes nan-annexation agreement,doc Section 10. Change in I.~aw. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas, Section 12. Execution in„~ul~ipl,e,._Copies. This Agreement maybe separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 3. 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 , 20 ~ Oe owners r r r C.. ugh THE CITY 4F DENTON, TEAS By: City Manager, Deputy City Manager, or Designated Representative THE STATE 4F TEXAS ~ CaUNTY OF DENTQN ~ R Thls instrument was acknowledged before me on the day of ~ ~ , 2010, by C.~, Hughes. I~w7 ~ ,a ~ ~ ~ p ~ - dot ~ P etc st~t~ ~ T ~ ~ ~i~ ~ Nota Public State of Texas ry ~ 5 s;lour documentslmiscel~aneous1101annexatianslc j. hughes nan-annexation agreement.dac THE STATE OF TEXAS ~ COUNTY ~F DENTIN ~ ~ 1 S ~..y,~._ his ~nstrume was acknowledg d before m~e day o ,20~C~ , by i~ Manage (Deputy City Mana erlDesignated Representative, behalf of th City of Denton, Texas, ~1litllli f Notary pt~~+i~, Mete of t Publ~ fate of Texas e~cas > 'f"~~ ~'~y.~ MY Commission Expires APPROVED AS T LEGAL, FQ.~M; ANITA BUR~ESS~, CITY ATT~RN `Y J'~ dfr~ r r . , a. M~µ ,~.W~ b After recording return to: Jennifer waltez s City Secreta~"y ~c~~aneous1101annexatiansljeannene hughes non-annexation agreement,doc 215 E. Mcl~in~~ey Denton, T~ 76201 CHAPTER 212 TE~A►S LOCAL GUVERNMENT CODE NUN-ANNEXATIUN AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex. Local Gov't Cade by and between the City of Denton, Texas the "City"} and Jeannene Hughes ~"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 that portion lying outside the city limits, of a 15,473 acres of land, more or less, situated in the Moreau Forest Survey, Abstract No. 417, Denton County, Texas, and being more fully described in that certain General Warranty Deed dated March 28, 2008 from. Sukhminder Singh Maan and Jasvir Maan, husband and wife to Jeannene Hughes, filed for record on April 7, 2008 and recorded in Ynstrument Number 200836342 of the Real Property Records of Denton County, Texas. Said portion lying outside the city limits, of a 15.473 acres of land, more or less, is commonly known as D~~D Property ID No. 273021. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction t"ETJ"} for the term of this Agreement; WHEREAS, owners and the City acknowledge that this Agreement between them is binding upon the City and the owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. 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 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; E~t:IT 1 L ~ s:lour documentslmiscellaneousll0lannexationsljeannene Hughes non-annexation agreement.doc New, THER,EFGR.F, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section Development Plan, The owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Property in satisfaction of Tex, Loc. Gov't Code section 212.172~b}, Section 3. Governin Re ulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land far agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~l} Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards inco orated therein The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed. 1998 ~NCTCnG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2406 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; 2 s:lour documentslmisceIlaneousll~lannexationsljeannene hughes non-annexatian agreement.doc d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Grdinances Chapter 17, Denton Property Maintenance Code, as amended; h, International Energy Conservation Code, 2006 Edltlon with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k, Minimum housing and building standards, Denton Code § X28-3 83 - 43 7 and ~ § 17-141-~ 210, as amended and as applicable; 1. Irrigation Standards, Denton Code ~ §28-441- 457; and m. Moving Buildings, Denton Code §§28-326 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Grdinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 3 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 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 Cade, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4, Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 3 s:lour documentslmiscellaneousll~la~~nexationsljeannene iaughesnon-annexation agreement.doc permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The 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 1$0-day period during which the Development Plan is in effect. Section 5. A reement Deemed Void in Part Voluntar Annexation, ~A} If an Owner files any 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, 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 3 0 days written notice of this Agreement to the prospective purchaser or grantee, A copy of the notice shall be forwarded to the City at the following address: Cit of Denton Texas y 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 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 or the City by any proceeding at Iaw or inequity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter, Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. 4 s:lour documentslmiscelianeausll0lannexationsljeannene hughes non-armexation agreement.doc Section 10, Chan e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue, Venue for this Agreement shall be in Denton County, Texas, Section 12, Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument, Section 13, Term and Extension. The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"}, The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties, Section 14. Survival of Covenants. The covenants in Sections 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 Jea ne Hughes THE CITY DF DENTDN, TEXAS By' City Manager, Deputy City Manager, or Designated Representative THE STATE QF TEXAS } COUNTY QF DENTQN } This Instrument was acknowledged before me on the day of , 2Q 1 by Jeannene Hughes. , .t ~ ~~g1Tl~ ~ r ~ Idot~ry ~~~iic St~ta ~t Tex Notary Public, tate o Texas ` ~ M~ C~~fMISSION ~APiA~s 1: 5 s:lour documentslmiseel~aneousllolannexationsl~eannene hughesaon-annexation agreement.doc THE STATE OF TEXAS ~ COUNTY OF DENTON ~ his ~nstrume . was acknowled ed efore e~ on t e day of ,20~~, by , City Manage (Deputy City Manag rlDesignated Representative, n behalf of t e City of Denton, Texas. ,r. ,'1'i~l ~+t~,,I `~~,~tapYp~~~~~,f J~NNI~~R K. wa~t~i~s ar Public ate of Texas Y : Notary ~ubiic, State of Texas My Commission Expires December 19, 210 r,~, '~y` APPROVED AS TO LEGAL FARM; ~ ANNA BURG~SS,~ CITY ATTORNEY Ate. r. - v~,.., k A,..~, _-~-~--..n... Pa~.,,...._ 6 After recording return to: Je~~lifer Walters City Secretary ~ 15 E. Mcl~in~~.ey Denton, T~ 76201 CHAPTER 21Z TE~A.S LOCAL GOVERNMENT CODE NON~ANNEXATION AGREEMENT This Agreement is entered i~ato pursuant to Section 212,172 Tex, Local Gov't Code by and between the City of Denton, Texas the "City"} and Ediberto Alfredo Rodriguez ~"Owners"~, the prope~~ty owners of the hereinafter described property the "Property"~ in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being a called 5.76 acre tract of land, and being that portion lying outside the city limits, of a 6.726 acre tract of land, more ar less, situated in the Moreau Forest Survey, Abstract No. 417, Denton County, Texas, and being mare fully desc~•ibed in that certain Special warranty Deed dated April 30, 1999 from Lourdes Del Carmen Rodriguez to Ediberto Alfiedo Rodriguez, filed for record on May 5,1999 and recorded in volume 4332, Page 2735 of the Real Prope~•ty Records of Denton County, Texas, Said called 5.76 acre tract of land, is commonly 1~.1own as DC~4D Property ~D 110.37314, WHEREAS, the City l~.as 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 floe 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 te~7m. of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property cu~~rently is appraised foz• ad valorem tax purposes as land for agricultural or wildlife management use, ar timber land pursuant to Tex, Tax Code chapter 23,C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex, Loc. Gov't Code section 43 , 03 5 authorizes a property owner and a municipality to enter into an 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 owner's covenant not to develop the property and to authorize the municipality to apply developrn.ent 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; ~~~~iT 1 .n.  New, THERE~'~RE, 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 Pa~•ties, subject, however, to the provisions of this Agreement. Section 2, Development .Plan. The Gwners covenant and agree that use of the Property for the teem of this Agreement and any extensions agreed to by the Parties shall be limited to fal•~n-related and ranch-related uses and customary accessory uses, and single-family detached fa1~1 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 pu~~oses 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, Governing Re ulations., The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or fo~•estry purposes a~ad does not prevent the continuation of a use established prior to the effective date of this Agreement and which ~•emains lawful at the time the Agreement is executed; ~1} Zo~aing 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 inco~~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 Constrl~ction, North Central Texas, 3rd Ed.199~ ~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. Tl~e Inte~•national Fi~•e Code, Z00b Edition with local amendments; 2 d. Inte~~national Plumbing Cade, 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 Conse~~vation Code, 2006 Edition with regional amendments; i, National Electric Code, 2005 Edition with local amendments. j . National Electric Safety Code, 2003 Edition, with regional amendments; l~, Minimum housing and building standards, Denton Code ~~28-353 - 43 7 and ~ ~ 17-141-~ 210, as amended and as applicable; 1. Irrigation Standards, Denton Cade §~28-441- 457; and m. Moving Buildings, Denton Code S §28326 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater co~~nection, construction and onMsite ope~•ation requirements, contained within Chapter 26 of the Denton Cade of Ordinances, as attended, 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 Utllltles Code, as amended, and applicable administrative standards of the Texas Conunission on Environnmental 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 Connnission on Enviro~~.~ental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas Well platting, drilling and production standards, as contained in §35,16,19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Connnission 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 1 SO calenda~• days thereafter, or until the effective date of the annexation and 3 pez~.llanent 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 fi~~•ther agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to tlae expiration of the ~ 80~day period during which the Development Plan is in effect. Section 5, A reelnent Deemed Void in Part Voluntar Annexation, ~A} if 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 Agreement shall thereupon become null and void. ~B} Thereafter the City may initiate a~ulexation 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 il•~•evocably 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, p~•ior to such sale or conveyance, give 3 ~ days written notice of this Agreement to the prospective pu~•chaser or grantee. A copy of the notice shall be forwarded to the City at the following address; City of Denton, Texas ATTN; Director of Plazn~ing and Development 221 N. Eln~ Street Denton, T~ 76201 Section 7. Recordin ,This Agreement is to r~~n with the Prope~•ty and be recorded in the real property records, Denton County, Texas. ect~on 8, evera_ ~ qty. invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect, Section 9, Remedies. This Agreement maybe enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter, Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. 4 f Section 10. Chan e in Law. No subsequent change in the law regarding annexation shall affect tl~e enforceability of this Ag~•eement 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 maybe separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Teen and Extension. The initial term of this Agreement shall be for a period of five ~5} years fzom 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 maybe necessary for the implementation of those sections, The Parties hereto have executed tl~is ag~•eement as of ~ , 2010, Owners ~ ~ ~rv~ Ediberto Alfredo Rodriguez THE CITY ~F DENTON, TExAS ~y City anager, Deputy City Manager, or Designated Representative THE STATE OF TExAS ~ CaUNTY CAF DENTON ~ This Instrument was aclmowled ed before me on the da of g Y Z4 t 0, by Ediberto Alfredo Rodriguez, ~ E, ~ , Notary p blic 5t~l~ o~ ~ ~ Notary Pu lic, State of Texas co~~s~~o~ ~ ~ ~ , V'^^^~~~ 5 THE STATE OF TEAS ~ COUNTY OF DENTON ~ This ins~~u ant was acl~lowledged befo~•e m ~ - day o ,20~ by - ,~i , Manag rlDeputy City Manage lDesignated Representati , on behalf of the City of Demon, Texas, h r 1 `'114ti1~1~f1~I~+lr+ ,.a1~,, - J~NNIF~~ W~~1~~5 o ary Pi~b e Stake of Texas r~ ~ ~ Notary Public, State pf Texas ~i~f~ , s iVly ~~mll~isSfpi1 ~X~lfGS r~I~lf~~~4''y~ December ~ 9, 2i~1 i~ r' APPROVED AS TO LEGAL FORM; ANITA BURGES S CITY ATTDR-N Y J/ - .A y ..r~ , ~Mw BY; ~ - ,~,.~..w r~,,,~~. i 4 i