2010-040
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AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecordsAct
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AmendedbyOrdinanceNo.201623308/16/16JR
s;lour documentslardinancesll0lpa~I accepting non anne~cation agreements.doc
ORDINANCE NO. ~O 1
AN ORDINANCE PROVIDTNG 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 PAAI OF APPROXIMATELY 1,171 ACRES LOCATED ON THE SOUTH SIDE OF JIM
CHRISTAL ROAD, THE NORTH SIDE OF TOM COLE ROAD, WEST OF MASCH
BRANCH ROAD, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A"
ATTACHED HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, pursuant to Section 43.D~1, Subchapter C-1, Local Government Code, a
home rule city is authorized to annex certain areas that are not required to be in an annexation
plan, and the City desires to pursue annexation of PAA1, as hereinafter described; and
WHEREAS, Section 43.D35, 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 others owners to whom
notices have been sent have not executed the a reements within the allotted eriod of time, g p
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~annexatian agreements with eligible property owners;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION 1. The f findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference,
s:lour doc~mentslardinances1101paal 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 PAAI, 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 PAAI, 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 Demon and are attached hereto and incorporated
herein by reference as Exhibits "C~ 1"through "C~ ~
SECTION 4. The City Manager is authorized and directed to sign the non-annexation
agreements contained within Exhibits "C-1" through "C- ' ~ "for and on behalf of the City of
Denton as a ministerial act, but with an effective date of this Council's action on same. The City
Manager shall further arrange forthwith for the recordation of these attached 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
PAAI, 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 by the City Council reading this 9t~' day of February, 2~ l o.
,d
MA A. BU GH ,MAYOR
ATTEST;
JENNIFER wALTERS, CITY SECRETARY
BY: a
APPRO D A TO LEGAL FORM;
ANITA BURGESS, CITY ATTORNEY
BY; ~ ~ ~
1 J
Page 2
EXHIBIT A
Annexation Tract PAA1 Page 1 of 2}
BEGINNING at paint at the northwest corner of tract described in Ordinance 2006-205,
and further described in said Ordinance as a 112 inch pin in the Center of Tom Cole Road
feast-west road} and C. Wolfe Road from the south;
THENCE South 88° 55' 44"East ,along the present Denton city limit line as established
by Ordinance 2006-205 and being the northerly line of the tract described in Ordinance
2006-205, a distance of 4,685.36 feet; generally with center of said Tom Cole Road to an "x" cut in a concrete bridge;
THENCE continuing along the northerly line of the property described in Ordinance
2006-205, and further described in said Ordinance as North 89° 43' 13" East, a distance
of 2,591.29 feet, generally with the center of said Tom Cole Road, to a point described in
Ordinance 2006-205 as a 3l4 inch iron pin set at the northeast corner of the property
described in Ordinance 2006-205, said point also being described in Ordinance 69-40
Tract I} as the southeast corner of the David Davis Survey, Abstract 356;
THENCE northerly along the easterly line of the said David Davis Survey, said line also
being the westerly line of the Wm. Wilburn Survey, Abstract 1419, along the present
Denton city limit line as established by Ordinance 1969-40 Tract 1} a distance as
described in Ordinance 69-40 as 2,642 feet to a point being the northeast corner of the
said David Davis Survey;
THENCE westerly, along the present Denton city limit line as established by Ordinance 1969M40 Tract I} along tlae northerly line of the said David Davis Survey and described
in Ordinance 69-40 as a distance of 341 feet to a point for corner, said point described in
Ordinance 69-40 Tract r} as the southwest corner of the said Win. Wilburn Survey;
THENCE northerly along the present Denton city limit line as established by Ordinance
1969-40 Tract Y} and along the westerly line of the said Wm, Wilburn Survey a distance
of 1,853 feet to a point described in Ordinance 69-40 as the southeast corner of the M.H.
Davis Survey, Abstract Number 377, and also described as the northeast corner of a tract
of land conveyed to Malcolm M. Long by deed recorded in Volume 389, Page 389 of the Deed Records of Denton County, Texas, said point also being the southeast corner of an
City of Denton annexation tract established and described by Ordinance 1983-9D;
THENCE South S9° 28' 1 S" West, along the present Denton city limit line as established
by Ordinance 1983-90 a distance of 2,359.92 feet has described in Ordinance 83-90} to a
point for a corner;
THENCE North DO° D5' 54" West, along the present Denton city limit line as established by Ordinance 1983-90, a distance of 600.48 feet (as described in Ordinance 83-90) to a
point for a corner;
Annexation Tract PAA1 Page Z of 2}
THENCE 'West, along the present Denton city limit line as established by Ordinance
1983-90, a distance of 675.40 feet (as described in Ordinance 83-90~ to a point for a
corner lying in the middle of Hickory Creek;
THENCE Nortla, along the present Denton city limit Iine as established by Ordinance
1983-90, and along the middle of Hickory Creek with its meanders to the center of Jim
Christal Road (as described in Ordinance 53-90} to a point far a corner, said point also
lying on the south line of a City of Denton annexation tract established and described by
Ordinance 1986-48;
THENCE North 89° 55' 00" 'West with said Jim Christal Road, along the present Denton
city limit line as established by Ordinance 1586-45, also being the southerly line of the
E.A. Orr Survey, Abstract Number 983, a distance of 3,435 feet to a point for a corner, said point being the southwest corner of said Ordinance 1986-4$ annexation tract;
THENCE South a distance of 30 feet to a point in the south right-of way line of Jim
Christal Road;
THENCE West, along the south right-of way line of dim Christal Road a distance of 475
feet to a point for corner, said paint being the intersection of the south right-of way of
Jim Christal Road and the east right-of way line of C. Wolfe Road;
THENCE in a southerly direction, along courses and distances of the easterly implied
right-of way line of C. Wolfe Road, a total distance of 7,575 to a point for corner, said
point being the intersection of the east right-of way line of C, Wolfe Road and the north
right-of way line of Tom Cole Road;
THENCE East, along the north right-of way line of Tom Cole Road a distance of 500
feet to a point for corner; ~'i
THENCE South, crossing Tom Cole Road midway, a distance of 25 feet to the POINT
OF BEGH~IING and containing 1,152 acres of land.
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City of Denton, Texas 1 aNICH4LS
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After recording return to.
Jennifer Walters
City Secretary
215 E. McKinney
CHAPTER 212 TEAS LUCAL G[~VERNIVIENT CODE Denton, T~ 762U 1
N~N~ANNEXATIDN AGREEMENT
This Agreement is entered into pursuant to Section 2 ~ 2. ~ 72 Tex. Local Gov't Code by
and between the City of Denton, Texas the "City"~ and
i~ ~ "Gwners" ,the ro ert owners of the. hereinafter described ~ } p p Y
property the "Property"~ in Denton County, Texas; sometimes individually or
collectively referred to as "Party" or "Parties";
That property described in a deed to ~ c?5 ~ ~ ~ ( which is recorded at
~ ~ r f n T of the Deed Reco ds o Denton Cou t , exas, and ~ Y
~ P " ~ commonl l~nown as Tax Parcel No. ~ ~ ~ ~ i~C' ,which is attached ~ Y ~
. ~ ~r~~ _ ~ hereto as Exhibit A, consisting of approx~mately~~ acres of land.
WHEREAS, the City has given notice of its intent to institute annexation
proceedings for the Property in accordance with Tex, Loc. Gov't Code ch. 43; and
WHEREAS, Gwners desire that the Property remain in the City's extraterritorial
jurisdiction ~"ETJ"~ for the term of this Agreement;
WHEREAS, Gwners and the City acl~nowledge that this Agreement between
them. is binding upon the City and the Gwners and their respective successors and assigns
for the term of the Agreement;.
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or Wildlife
management use, or timber land pursuant to Tex. Tax Code chapter Z3.C, D, or E; and
WHEREAS, GWNERS represent that it is their intention not to develop the
Property during the term of this Agreement; and
WHEREAS, Tex. Lac. Gov't Code section 43.035 authorizes a property owner
and a municipality to enter into an agreement pursuant to Tex, Loc. Gov't Code section
212.172 for purposes of retaining land in the municipality's ETJ in exchange for the
property owner's covenant not to develop the property and to authorize the municipality
to apply development regulations not inconsistent with agricultural use; and
WHEREAS, tlae 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;
NGW, THEREFGRE, in consideration of the mutual covenants contained herein,
the Parties hereto agree as follows:
ui
~ c
~ ~
W
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. Deye o me ,p,, nt 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~Regulations. The following City regulations shall apply to
any development of the, Property, as may be ~ amended from time to time, provided that
the application of such regulations does not result in interference with the use of the land
for agricultural, wildlife management or forestry purposes and does not prevent the
continuation of a use established prior to the effective date of this Agreement and which
remains lawful at the time the Agreement is executed:
~ 1 } Zoning standards contained in the Denton Development Code
~"DDC"}, as amended pursuant to The Denton Plan, 1999-2020, as
amended, including but not limited to the ~RD-5} Zoning District
regulations, and standards incorporated therein
~2} The subdivision and development regulations contained within the
Denton Development Code, as amended, together with applicable
Design Criteria Manuals including construction, drainage, site design,
solid waste, transportation, tree protection standards, and ~
waterlwastewater}, Denton Mobility Plan and other a roved Master pP
Plans of the City of Denton, Texas, and the North Central Texas
Council of Governments Standard Specifications for Public works
Construction, North Central Texas, 3rd Ed.199S NCTCOG Manual ; ~ }
~3} Denton building codes, as contained within Denton Code Chapters 17,
28 and 29, and DDC Subchapter 24, adopting:
. a. International Building Code, 2006 Edition with local
amendments;
b. International Residential Code, 2006 Edition with
Appendix G and local amendments;
c. The International Fire Code, 2006 Edition with local
. amendments;
d, International Plumbing Code, 2006 Edition with local
amendments;
2
e. International Fuel Gas Code, 2006 Edition with local
amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of Ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local
amendments.
j. National Electric Safety Code, 2003 Edition, with regional
amendments;
l~. Minimum housing and building standards, Denton Code
~~ZS-3S3 437 and ~§17-141 - 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code ~~ZS-441-- 457; and
m. Moving Buildings, Denton Code § §28-326 3 75;
(4~ Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
~5} Applicable water and wastewater connection, construction and on-site
operation requirements, contained within Chapter 26 of the Denton
Code of Ordinances, as amended, and Subchapters 16 and 21 of the
DDC, as amended, the Denton Water and wastewater Criteria Manual,
as amended, and as supplemented by the Texas Water Code, as
amended, Texas Natural Resources Code, as amended, Texas Utilities
Code, as amended, and applicable administrative standards of the
Texas Commission on Environmental Quality, as amended;
~6~ Applicable Flood Protection, Drainage and related standards, as
contained within Chapter 30 of the Denton Code, as amended, and
subchapters 17 through 19 of the DDC, as amended, the Denton
Drainage Criteria Manual, as amended, and as supplemented by
requirements of the Texas Water Code, as amended, Texas Natural
Resources Code, as amended, applicable administrative standards. of
the Texas Conunission on Enviranm.ental Quality, as amended, and
applicable administrative standards of the Federal Emergency
Management Administration, as amended; and
~7~ Gas Well platting, drilling a~ad production standards, as contained in
X35.16.19 and subchapter 22 of tl~e Denton Development Code, as
amended and as applicable, and as supplemented by requirements of
the Texas Utilities Code, the Texas Natural Resources Code, the Texas
Water Code, and applicable administrative standards of the Texas
Railroad Commission and Texas Commission on Environmental
Quality, as amended.
3
Section 4. Develo ment Plan to Remain in Effect, Following termination of this
Agreement far any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 1 SO calendar days thereafter, or until the effective date of the
annexation and permanent zoning of the Property, whichever first occurs. The Parties
covenant and agree that the City may deny any development application or plan of
development that is submitted to the City far the Property during such period if such
application or plan is inconsistent with the Development Plan, . The Qwners 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 180~day period during which the Development Plan is in effect.
Section 5, A Bement Deemed Void in Part Volunta Annexation,
~A} If an Gwner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the
Development Plan provided in Section 2, sections I and 3 of this Agreement shall
thereupon beco e null and void,
~ ~ ~ ~B} Thereafter the City may initiate annexation of the Property pursuant to
Tex. Loc, Gov't Code subchapter C~ 1, or other such other provisions governing voluntary
annexation of land as may then exist, Owners expressly and irrevocably consent to
annexation of the Property under such circumstances, Owners further agree that such
annexation by the City shall be deemed voluntary, and not subject to the requirements
and procedures for an annexation plan, as required by Tex, Lac. Gov't Code section
43.052, or successor statute,
Section 6, Notice of Sale. Any person who sells or conveys any portion of the
Property shall, prior to such sale or conveyance, give 30 days written notice of this
Agreement to the prospective purchaser or grantee, A copy of the notice shall be.
forwarded to the City at the following address:
City of Denton, Texas
ATTN. Director of Planning and Development
22I N. Elm Street
Denton, T~ 76201
Section 7. Recordin ,This Agreement is to run with the Property and be recorded
in the real property records, Denton County, Texas.
Section S, Severabilit .Invalidation of any provision of this Agreement by
i.: judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect,
4
Section 9. Remedies. This Agreement maybe enforced by either owner or the
City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
owner waives no rights as to matters not addressed in this Agreement.
Section 10. Chan e in .Law. No subsequent change in the law regarding
annexation shall affect the enforceability of this Agreement or the City's ability to annex
the properties covered herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multi le Co ies. This Agreement may be separately
executed in individual counterparts and, upon execution, shall constitute one and same
instrument.
Section 13. Term and Extension, The initial term of this Agreement shall be for a
period of five ~5} years from the Effective Date the "Term"~. The Effective Date of the
Agreement shall be the date the Agreement is executed by the City. The Term may be
extended upon mutual agreement of the Parties.
Sectian 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 laave executed this agreement as of I ~ ~ ,
owners
THE CITY OF DENTUN, TEAS
By:
City Manager, Deputy City Manager, or
Designated Representative
THE STATE ~F TEXAS }
CQUNTY QF DENTIN ~
5
, l~
Th s instrument was acknowled ed before me on the ~ da of g Y
20~, by
~ ~ to ublic, State of Texas
~1~~ ~ STA~`~'~
fly Comm, ~xp, tuna 2010
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acknowledged before me on the day of ,
20 b ~ ~Y
Notary Public, State of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON } E
This instrument was acknowl ~ before me n the day of ,20 by it
~ ~.nager eputy City ManagerlDesi ~ ated Re esentative, on ehalf of the Cit of De ,
Y ,
~~till111~1~~ ~
~``'~~~~p~''~ J~NNIF~R K, WA~~~pS '`~~r4 N~t~ry Pu~lio, 5t~te ~f Texas
~Y ~omm~~~for~ expires ~'r~~'"' n~cemb~~ i q, ~ o nary Publl , State of Texas ~f~~iiii ti ~'ti
r.
APPROVED AS TO L ~a..A:L-~
4 ANITA BUR~E~S, CITY ATTO Y
BY, _ _
t
6
Denton County Ex~i '
C nthia Mitchell ~ I t ~ Y
County Clerk
Denton, 1fi20~
7a zao~ Qoa~~~a~
Instrument Number; 70Q4-2Z28~ As
Recorded 4n: February ~3, 2004 Warranty Deed
Parties: CRCMBIE PHILLIP E Billable Pages; 4
Tv Number of Rages; 4
Comment:
Examined and Charged as Follows:
Warranty Dead 20 00
Total Recording ~p,pp
i
TH15 PAGE !S PART OF THE INSTRUMENT
Any prevision herein which restricts the Sale, Rental or use of the described REAL, PRaPERTY
because of color or race is Invalid and unenforceable under federal law
File Information: Record and Return To:
Document Number. 2004-2228
Receipt Number: 89430 LANDAMERICA
Recorded DatelTime February 23, 2Q04 03:49P C4MMGNWEALTH LAND TITLE COMPANY
WILL CALL
User I Station, F Chenevert ~ Cash Station 4 DALLAS TX 7523a
THE STATE ~F TEXAS }
COUNTY 4F DENTON } I hereby certify that this Instrument was FiI.~D In the i'iie Number sequence nn the dateltlme
printed heron, aid waa duly RECI~RD~O in the Qtficlal Records of Denton County, Texas.
~ xe~~ ~ County Clerk Denton County, Texas
r
WARRANTY DEED WITH VENDOR'S LYEN
NOTICE OF CONFIDENTIALITY RIGHTS; IF YOU ARE A NATURAL PERSON YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FRON~ THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS; YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER,
THE STATE OF TEKAS
KNOW ALL MEN BY THESE PRESENTS;
COUNTY OF DENTON
THAT PHILLIP E CROMBIE DESIREE A CROMBIE, hereinafter called "Grantar" (whether one or mare}, for and in consideration of the sum of Ten Dollars ($14,04} and
ather good and valuable
cansideration to Grantar paid by LESLIE BUELL, A MARRIED WOMAN hereinafter called "Grantee"
(whether one ar mare}, the receipt of which is hereby acknowledged and canfessed, and the further cansideration of the executian and delivery by Grantee of one certain
Pramissory Note in the principal sum
of $220,n04.00, of even date herewith, payable to the order of FRANKLIN AMERICAN MORTGAGE
COMPANY, hereinafter called "Mortgagee", bearing interest at the rate therein provided; said Note
containing the usual reasonable attorney's fee clause and varlaus acceleration of maturity clauses incase of default, and being secured by Vendor's Lien and superior title
retained herein In favor of said Mortgagee,
and being also secured by a Deed of Trust of even date herewith Pram Grantee to SCOTT R, VALBY,
Truskee; and
~ 'WHEREAS, Mortgagee has, at the special instance and request of Grantee, paid to Grantar a portion of
the purchase price of the property hereinafter described, as included in the abave•described Nate, said Vendor's Lien against said property securing the payment of
said Nate is hereby assigned, transferred and
delivered to Mortgagee, Grantor hereby conveying to said Mortgagee the said superior title to said property,
subragating said Mortgagee to all the rights and remedies of Grantor in the premises by virtue of said liens;
and
Grantor has GRANTED, SOLD and CONVEYED, and by these presents daes GRANT, SELL and
CONVEY unto said Grantee, the fallowing described property, to-wit;
LEGAL bESCRIl'TION ATTACHED HERETO AND MADE A PART HEREOF.
FOR GRANTOR AND GRANTaR''S HEIRS, SUCCESSaRS, ,AND ASSIGNS FOREVER, A RESERVATION OF aNE~-HALF (5a%`} OF ALL OIL, GAS, AND aTHER MINERALS,QWNED BY GRANTOR, IN
AND
CINDER AND THAT MAY BE PRODUCED FROM THE PROPERTY. ZF THE MINERAL ESTATE IS SUB
,IECT TO EXISTING PRODCJCTION OR AN EXISTYNG LEASE, THIS RESERVATYON INCLCIDES THE PRODUCTION, THE LEASE, AND ALL BENEFITS FROM IT.
GRANTORS CONVEY ~OQ7 aF GRANTORS LEASING RIGHTS.
TO HAVE AND TO HOLD the above-described premises, together with all and singular, the rights and appurtenances thereunto in anywise belonging unto said Grantee, his
heirs and assigns, forever, And
Grantar daes hereby bind himself, his heirs, executors and administrators, to warrant and forever defend aI1
and singular the said premises unto said Grantee, his heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof.
Page 1 of Z pages
GV4000-I.HP
Taxes for the current year have been prorated and their payment is assumed by Grantee,
This conveyance is made subject to any and all valid and subsisting restrictions, easements, rights of way,
reservations, maintenance charges together with any lien securing said maintenance charges, coning laws, ordinances of municipal andlor other governmental authorities, conditions
and covenants, if any, applicable
to and enforceable against the above-described property as Shawn by the records of the County Clerk of said
County, ~M~N~RAL RESERVATION
The use of any pronoun herein to refer to Grantor or Grantee shall be deemed a proper reference even
though Grantor andlor Grantee may be an individual neither male or female}, a corporation, a partnership or
a group of two ar more individuals, corporations andlor partnerships, and when this Deed is executed by or to a corporation, or trustee, the wards "heirs, executors and administrators"
or "heirs and assigns" shall,
with respect to such corporation or trustee, be construed to mean "successors and assigns".
It is expressly agreed that the Vendor's Lien is retained in favor of the payee of said Note against the above-described property, premises and improvements, until
said Note and all interest thereon shall have
been fully paid according to the terms thereof, when this Deed shall become absolute,
E UTED this iBTH day of FEBRUARY, z0~4,
` r
r
PHILIIII' E QMBIE DESIREE A CROM~IE
GRANTEE'S ADDRESS;
6778 C WOLFE READ
PONDER TEXAS 76zS9
STATE OF ~ G, S , COUNTY GF ss;
This instrument was acknowledged before me on this da of ~ bra, ~ Y , o~ ()p yG by PHILLIP E CR4MBIE and DESIREE A CROM~~E. 'k
~ ~
NOTARY PUBLIC
~ ti l~ ~~d~~~ a, `
r
Pa e 2 of z pages cv~aaoo-z ~p
i
s
BEYNG all that certain tract of land situated in the A. Miller Survey,
Abstract Number 887, Denton County, Texas and being a part of the
called 16.DD0 acre tract of land described in a deed from Eagle Farms, Inc. to Philip E, Crombie and wife, Desiree A, Cromba.e as recorded in
County Clerk's File Number 93-~R0085405, Real Property Records of Denton
County, Texas; and being mare particular~.y described as follows:
BEGINNYNG at a P.K. Nail found at the Northwest corner of saa.d 16.000
acre tract and in the East line of Wolfe Road and also in or near the
centerline of Jim Christal Road;
THENCE North 88 degrees 59 minutes 29 seconds East w~.th the North li~.e
of said 16.00D acre tract and with or near the center of said Tim
Christal Road, a distance of 3l0 , 3 9 feet to a P . K, Na~,l found at the Northwest carnet of a called 1,362 acre tract of land described in a
deed to Danald C. Crombie and wife, Lynda ~T. Crombie as recorded in
County Clerk's File Number 94wRD000185, Real Property Records of Denton County, Texas;
THENCE south OD degrees ~.4 minutes 04 seconds West w~.th the West line
of said p.362 acre tract, a distance of 344.76 feet to a ~./2 capped iron rod set at the Southwest corner of said 1,362 acre tract;
THENCE North 88 degrees 59 minutes 26 seconds East with or near a wooden fence line part of the way and with the South Line of said 1.362
acre tract, a~distance of 189,52 feet to a 1/2 inch Gapped iron rod set
at the Southeast corner of said x..362 acre tract and in the East line
of said x.6.000 acre tract and also in the West line of a ca~.led 1D,OD0 acre tract of land described in a deed to Kenneth C, Minhinnett and
Wlfe, Linda A, Minhinnett as recorded in County Clerk's File Number
94--RD436939, Real Property Records, Denton County, Texas;
THENCE South DO degrees 15 minutes OD seconds West with or near a fence
line and with the said East line and with the said West line, a
distance of 1D49,57 feet to a 1/2 inch capped iron rod set at the Southeast corner of said 15,000 acre tract and at the Northeast corner
of a called 6.00 acre tract of .and described to Charles Howell and
wife, Kami D. Howell as recorded in County Clerk's File Number 96WR0011619, Real Property Records, Denton County, Texas;
i
THENCE South 88 degrees 59 minutes 26 seconds West with ar near a fence
line and with the South .ine of said x.6.000 acre tract and also with the North Zine of said 6.000 acre tract, a distance of 500.00 feet to a
l/2 inch capped iron rod set at the Southwest corner of said l~.ODD
acre tract and at the Northwest corner of said 6,00 acre tract and also in the East line of said Wolfe Road;
THENCE North DO degrees l5 minutes D0 seconds East with the West line
of said ~.6.DD0 acre tract with the said East line, a distance of 1394.34 feet to the POINT OF BEGINNING and CONTAINING 14.50 acres of
land, more or less.
Exhibit "A"
f
CHAPTER 212 TExAS LOCAL G~'~ERNMENT CODE
NON-ANNExATI~N AGREEMENT
This Agreement is entered into pursuant to Section 212,172 Tex. Local Gov't Code by and
between the City of Denton, Texas the "City"} and Patrick J, and Laura C De Baca ~"Owners"},
the property owners of the hereinafte~• described property the "Property"} in Denton County,
Texas, sometimes individually or collectively ~•eferred to as "Pa~•ty" or "Parties";
Being 6.000 acres of land, more or less, situated in the A. Miller Survey, Abstract Nc3,
887, Denton County, Texas, and being more fully described in that certain wan9ant~y
Deed with Vendor's Lien dated May 11, 2004 from Charles Howell and wife, Kami
Howell to Patricl~ J, C De Baca and wife, Laura C De Baca, filed for record on May 28i
2004 and recorded in Inst~~ument Number 2004-70011 of the Real Property Records o~~
Denton County, Texas, Said x.000 acres of land, more or less, is commonly l~nown as j
DCAD P~o~pe~ty ~D 1 ~'9~82.
WHEREAS, 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 tl~e Property remain in the City's extraterritorial
jurisdiction ~"ETJ"} for the te~n~ of this Agreement;
WHEREAS, Owne~•s 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 ~•ecords show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
~nanagen~ent use, or timber land pursuant to Tex, Tax Code chapter 23,C, D, or E; and
WHEREAS, OWNERS represent that it is thei~• 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 authol•ize tlae municipality to apply development
regulations not inconsistent with agricultu~.•al use; and
'L~HEREAS, 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 Dentc~~r
County, Texas;
~1IT d
1
New, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows;
Section 1. Continuation of ET1 Status, The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by tl~e
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property
for tl~e 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
faun or ranch dwellings, provided that Sao single~family dwelling maybe located or constructed .
on a lot smaller than five ~5}acres, Tl~e 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 bei~ag 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 Prope~•ty, 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 fir
agricultural, wildlife management or forestry purposes and does not prevent tl~e continuation of~ a
use established prior to the effective date of this Ag~•eement and which remains lawful at the tin~.e
the Agreement is executed;
~1} Zoning standards contained in the Denton Development Code ~"DDC"}, as
amended pursuant to Tl~e Denton Plan,1999-2020, as amended, including but
not limited to the ~RD~S} Zoning District regulations, and standards
incorporated therein
~2} The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria
Manuals ~i~~cluding constn~ction, drainage, site design, solid waste,
transportation, tree protection standards, and waterlwastewater}, Denton
Mobility Plan and otl~e~• approved Master Plans of the City of Denton, Texas,
and the North Central Texas Council of Governments Standard Specifications
for Public works Construction, North Central Texas, 3rd Ed. 1998 ~NCTCOG
Manual};
~3} Dezaton building codes, as contained within Denton Code Chapters 17, 28 and
29, and DDC Subchapte~• 24, adopting;
a, International Building Code, 200 Edition with local amendments;
b. International Residential Code, 2006 Edition with Appendix G and
local amendments;
c, Tlae International Fire Code, 2006 Edition with local amendments;
2
d. I~~ter~lational Plumbing Code, 2006 Edition with local
amendments;
e. I~~te~~~ational Fuel Gas Code, 2006 Edition with local amendments;
f, International Mechanical Code, 2006 Edition with local
amendments
g. Code of Ordinances Chapter 17, Denton Property Maintenance
Code, as amended;
h, International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local amendments.
j. National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum 1lousing and building standards, Denton Code 28-383
437 and ~§17-141- 210, as amended and as applicable;
1. I~.•rigation Standards, Denton Code ~§28W441-~ 457; and
m. Moving Buildings, Denton Code §~28~326 375;
~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended' a
~5} Applicable water and wastewater connection, construction and on-site
operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended,
the Denton water and wastewater Criteria Manual, as amended, and as
supplemented by the Texas wate~• Code, as amended, Texas Natural
Resources Code, as amended, Texas Utilities Code, as amended, and
applicable administrative standards of the Texas Commission on
Environmental Quality, as amended;
E
~6} Applicable Flood Protection, Drainage and related standards, as contained
within Chapter 30 of the Denton Code, as amended, and subchapters 17
through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as
amended, and as supplemented by requirements of the Texas water Code, as
amended, Texas Natural Resources Code, as amended, applicable
administrative standards of the Texas Commission on Environmental Quality,
as amended, and applicable administrative standards of the Federal
Emergency Management Administration, as amended; and
~7} Gas well platting, drilling and production standards, as contained in
§35.16.19 and subchapter 22 of the Denton Development Code, as amended
and as applicable, and as supplemented by requirements of the Texas Utilities
Code, the Texas Natural Resources Code, the Texas water Code, and
applicable administrative standards of the Texas Railroad Commission and
Texas Commission on Environmental Quality, as amended.
Section 4, Develo ment Plan to Remain in Effect, Following termination of this
Agreement for any ~•eason, the Development Plan set forth in Section 2 shall remain in effect for
a period of 180 calendar days thereafter, or until tlae effective date of the annexation and
3
pel~nanent zoning of the Prope~•ty, whichever first 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 Property during such period if such application or plan is inconsistent with the
Development Plan. The ~wnez•s expressly waive any vested rights that might otherwise arise
under local or state law, o~• by common law, fiom the submittal of such inconsistent development
application. The Owners fu~•ther agree that no use conune~aced 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 Pal•t° Voluntar Annexation.
(A} If an Gwner files any application or plan of development for or otherwise
commences development of any portion of the Prope~•ty inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void,
~B~ Thereafter the City may initiate a~~.exatian of tlae Property pursuant to Tex. Loc.
Gov't Code subchapter C-l, ox• other such other provisions governing voluntary annexation of
land as may then exist. Gwne~•s expressly and irrevocably consent to annexation of the Property
under such circumstances, owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex, Lac, Gov't Code section 43.52, or successor statute,
Section 6. Notice of Sale, Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee, A copy of the notice shall be forwarded to the City at the
following add~•ess;
City of Denton, Texas ATTN; Director of Planning and Development
ZZ 1 N, Elm Street
Denton, T~ 7621
Sectio~~ 7, Recordin ,This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas,
Section 8, Seyerability. Itwalidation of any provision of this Agreement by judgment or
cout•t orde~• sha11 not invalidate any of the remaining 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. 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
Section 10, Clan 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 cove~•ed
hex•eln pursllallt to SeCt~On 4,
Section 11, Venue. Venue for this Agreement shall be in Denton Caunty, 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, Term and Extension, The initial term of this Agreement shall be for a period
of five ~5} years from the Effective Date (the "Tert11"}, The Effective Date of the Agreement
shall be the date the Agreement is executed by the City, The Teen may be extended Upon
mutual agreement of tl~e Parties,
Section 14, Survival of Covenants, The covenants in Sections 2, and 4 shall survive
telnlination of this Agreement, together with any other provisions, as maybe necessary for the
implementation of those sections,
The Parties hereto have executed this a •eement as of ~ 2010,
Owners
Patricl~ C e Baca
Laura C De Baca
THE CITY OF DENTON, TEAS
, By' -
City anag Deputy City anager, or
Designated Representative
THE STATE OF ~
COUNTY OF 98~~ ~
This instrument was acl~nowledged before nae on the da of y 9
2010, by Patricl~ J, C De Baca.
OF~'IC ~
~~R~ADETT~ J~R~M~~LD ~ ~
~ ETA ~F ~ ~ Notary Public, Sta e of s
5
~ ~.1 ~`~"tip. 1 ~..~3
THE STATE OF T~,.S }
COUNTY OF D~ ~
This instrument was acl~lowledged before me on the ~ day of .~..c..~~~~...
9 2010, by Laura C De Baca.
~ ~ ~ . f~~~ ~ R~AD°~ ~ARA~~I~L~ f
~~'~Y ~ Notary Public, Sta~~e.,of ~ STATE ~ `
~~~r ~or~~s~a~ ~ ~
THE STATE CF TEXAS ~
COUNTY OF DENTON }
This instrun ~~t was acl ~owledge befo ~~-{~~th day oil ,20L by
i Mana rlDeputy City Manag rlDesignated
Repz•esentati , on behalf o the City of Denton, Texas,
i,, r
r
ary Publx State of Texas ~m~;
tiao;~~~YA~d~~~i ~~NN~~~~ ~M~~~~+~ ~ ~ M s~ ~ Notary ~ubiic, Stag t~~ 1'~xas
My ~bm~~iasion xplr~~ ~ ~ ~ ~~L~I114J~1 ~ ~F r~~~
µr~}~~~ 1~~11ti~!`, E
I
APPROVED AS TQ LEGAL FARM; ~k
AN7TA BUR TY A RNEY
B .
6
After recording return to:
s;lour documentslmiscellaneous1101annexationslcottie-king non-annexation agreement.~oc Jennifer Walters
City Secretary
215 E,1VIcl~inney
CI3APTER 212 TE~A.S LOCAL GOVERNMENT CODE Denton, T~ 76201
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 Deborah June Cottle and Jon
Michael King ~"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 12.611 acres of land, mare or less, situated in the A. Miller Survey,
Abstract No. 887 and the Gibson Myers Survey, Abstract No. 843, Denton
County, Texas, and being more fully described in that certain warranty
Deed with Vendor's Lien dated May 29, 1997 from Andrew J. Strickland
and wife, Terry L. Strickland to Deborah June Cottle and Jon Michael
King, filed for record on June 2,1997 and recorded in Instrument Number
97~RDD36121 of the Real Property Records of Denton County, Texas.
Said 12,611 acres of land, more or less, is commonly known as DCAD
Property ID 173419.
WHEREAS, the City has given notice of its intent to institute annexation
proceedings for the Property in accordance with Tex. Loc. Gov't Cade ch. 43; and
WHEREAS, Gwners desire that the Property remain in the City's extraterritorial
jurisdiction ~"ETJ"} far 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 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
1 ~T 1
~tl
s:lour documentslmiscellaneousll~lannexatianslcottle-king non-annexation agreement,doc
WHEREAS, this Agreement is to be recorded in the Real Property Records of
Denton County, Texas;
NGw, THEREFGRE, in consideration of the mutual covenants contained herein,
the Parties hereto agree as follows:
Section 1, Continuation of ETJ Status. The City guarantees the continuation of
the extraterritorial status of the Property and agrees not to annex the Property for the te:r~m
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 Gwners covenant and agree that use of the
Property for the term of this Agreement and any extensions agreed to by the Parties shall
be limited to farm~related and ranch-related uses and customary accessory uses, and
single~family detached farm or ranch dwellings, provided that no single~family dwelling
may be located ar constructed on a lot smaller than five ~5} acres. The property owner
may apply to the City for division of the land sub j ect to this Agreement into parcels, each
of which is at least five ~5} acres in size, for the purposes set forth in this section without
being in violation of this Agreement. Such uses and activities constitute the development
plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172~b}.
Section 3, Governing Re ulations, The following City regulations shall apply to
any development of the Property, as may be amended from time to time, provided that
the application of such regulations daes not result in interference with the use of the land
for agricultural, wildlife management or forestry purposes and does not prevent the
continuation of a use established prior to the effective date of this Agreement and which
remains lawful at the time the Agreement is executed:
~1} Zoning standards contained in the Denton Development Code
~"DDC"}, as amended pursuant to The Denton Plan, 1999-2020, as
amended, including but not limited to the ~RD-5} Zoning District
regulations, and standards incorporated therein
~2} The subdivision and development regulations contained within the
Denton Development Code, as amended, together with applicable
Design Criteria Manuals including construction, drainage, site design,
solid waste, transportation, tree protection standards, and
waterlwastewater}, Denton Mobility Plan and other approved Master
Plans of the City of Denton, Texas, and the North Central Texas
Council of Governments Standard Specifications for Public works
Construction, North Central Texas, 3rd Ed,1998 ~NCTCOG Manual);
~3} Denton building codes, as contained within Denton Code Chapters 17,
28 and 29, and DDC Subchapter 24, adopting:
a. international Building Code, 2006 Edition with local
amendments;
2
s:lour documentslmiscellaneousllOlannexatianslcottle-king non-annexation agreement,doc
b. International Residential Cade, 2006 Edition with
Appendix G and local amendments;
c. The International Fire Code, 2006 Edition with local
amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel has Code, 2006 Edition with local
amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h, International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local
amendments.
j. National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code
~§28-383 437 and ~~17-141 - 210, as amended and as
applicable;
Io Irrigation Standards, Denton Code §§28-441- 457; and
m. Moving Buildings, Denton Code ~§28-326 375;
~4~ Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
~5} Applicable water and wastewater connection, construction and on-site
operation requirements, contained within Chapter 26 of the Denton
Code of ordinances, as amended, and Subchapters 16 and 21 of the
DDC, as amended, the Denton water and wastewater Criteria Manual,
as amended, and as supplemented by the Texas Water Code, as
amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the
Texas Commission on Environmental Quality, as amended;
~6) Applicable Flood Protection, Drainage and related standards, as
contained within Chapter 30 of the Denton Code, as amended, and
subchapters 17 through 19 of the DDC, as amended, the Denton
Drainage Criteria Manual, as amended, and as supplemented by
requirements of the Texas Water Code, as amended, Texas Natural
Resources Code, as amended, applicable administrative standards of
the Texas Commission on Environmental Quality, as amended, and
applicable administrative standards of the Federal Emergency
Management Administration, as amended; and
3
s:lour documentslmiscellaneousllOlannexationslcottle-king non-annexation agreement.doc
~7} Gas well platting, drilling and production standards, as contained in
X35,1 b,19 and subchapter 22 of the Denton Development Code, as
amended and as applicable, and as supplemented by requirements of
the Texas Utilities Code, the Texas Natural Resources Code, the Texas
water Code, and applicable administrative standards of the Texas
Railroad Commission and Texas Commission on Environmental
Quality, as amended,
Section 4, Development Plan to Remain ,,in,,Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 1 S0 calendar days thereafter, or until the effective date of the
annexation and permanent zoning of the Property, whichever first occurs. The Parties
covenant and agree that the City may deny any development application or plan of
development that is submitted to the City for the Property during such period if such
application or plan is inconsistent with the Development Plan. The Owners expressly
waive any vested rights that might otherwise arise under local or state law, or by common
law, from the submittal of such inconsistent development application, The Gwners
further agree that no use commenced or completed on the Property that is inconsistent
with the development plan sha11 be considered established or in existence prior to the
expiration of the 1 SO-day period during which the Development Plan is in effect.
Section 5, A reement Deemed void in Part volunta A.nnexatian.
~A} 1f an Gwner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the
Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall
thereupon become null and void.
~B} Thereafter the City may initiate annexation of the Property pursuant to
Tex. Loc. Gov't Code subchapter C~1, or other such other provisions governing voluntary annexation of land as may then exist, owners expressly and irrevocably consent
to
annexation of the Property under such circumstances. owners further agree that such
annexation by the City shall be deemed voluntary, and not subject to the requirements
and procedures for an annexation plan, as required by Tex, Loc. Gov't Code section
43,052, or successor statute.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the
Property shall, prior to such sale or conveyance, give 30 days written notice of this
Agreement to the prospective purchaser or grantee, A copy of the notice shall be
forwarded to the City at the following address;
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
4
s;lour dacumentslmiscellaneousll Olannexatianslcattle•king nan-annexation agreement.doc
Section 7. Record, This Agreement is to run with the Property and be recorded
in the real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
Section 9, Remedies, This Agreement may be enforced by either owner or 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.
g,.,, in Law. No subsequent change in the law regarding Section 10. Can e...~.,,.~.,.,....
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 1~. Execution in IVlultiple Copies, This Agreement may be separately
executed in individual counterparts and, upon execution, shall constitute one and same
instrument.
Section 13, Term and Extension. The initial term of this Agreement shall be for a
period of five ~5} years from the Effective Date the "Term"~, The Effective Date of the
Agreement shall be the date the Agreement is executed by the City, The Term may be
extended upon mutual agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections Z, and 4 shall
survive termination of this Agreement, together with any other provisions, as may be
necessary for the implementation of those sections.
The Parties hereto have executed this a reemen f ~ ~ ~ ~ ~ g taco
Owners
Deborah June le
Jon ichael King
5
s:lour documentslmiscellaneous1101annexatinnslcottie-king non-annexation agreement,doc
THE CITY ~F DENTIN, TEXAS
By'
City ana er, Deputy City Manager, or
Designated Representative
THE STATE QF TEXAS }
CUUNTY aF DENTIN } This Instrument was acknowled ed before me on the da of
g Y ~ 2010, by Deborah June Cottle,
DAUI~ ~RAN~~N ~~I~i~;r ~ ~ - ~
otary ~~k~lic•
gyp" ~ ~ ~ ~
~~fr~r~~' ~~`~'iy j ~ Nota Public State of Texas
THE STATE 4F TEXAS }
COUNTY DF DENTIN }
This instrument was acknowled ed before me on the da of g y
20 ~ o, by Jon Michael Ding,
ter DAIIIDB~ANC~ON~A14~~ Notary ~'ubtic t
icy ~c~mm, gyp, ~~iy ~ ~a1~ tary Public, State of Texas
THE STATE 4F TEXAS }
COUNTY CF DENTQN }
This instrument was ackno ed before eon the - da a g ~
,20~~ by ,~~~.ci~y .
Mona rl e u Ci Mana erlDesi ated resentative, on behalf of the Ci of Denton P tY tY g ~ ~ tY
~T~ s.
a~'~Yri~'+~, J~l~Ni~~R K. WAI,~~RS
~'~y~a~~1t Nc~t~ry ~ubllc, ~t~t~ of ~'exas otary Pu ic, State of Texas
r My ~c~n~r~i~slo~ ~x~~r~~
s:lour dacumentslmiscellaneausl~Olannexatianslcat#le-king non-annexation agreement,doc
APPROVED AS TD LEGAL F.ORMr_.~~~.
ANITA BURGESS;- CITY ATTORNE
y .......,_r.. Vim,,..
b i'
4
7
After recording return to:
s:lour dacumentslmiseellaneous1101annexatiansV~en evansnon-annexation a reement,doc Je11~11fer Walters
~ ~ Cat Secretor Y
215 E, Mc1~i~~~ey
CHAPTER. 212 TEXAS LOCAL GOVERNMENT CODE Dentonq T~ 762 1
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 Henry L. Evans, Jr, ~"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 5.433 acres of land, more or less, situated in the David Davis
Survey, Abstract No. 356, Denton County, Texas, and being more fully
described in that certain General Warranty Deed dated July 9, 1999 from
Loe, Warren, Rosenfield, I~aitcher & Hibbs, P,C, to Henry L, Evans, Jr,,
filed for record on July 26,1999 and recorded in Volume 4358, Page 22 of
the Real Property Records of Denton County, Texas, Said 5,433 acres of
land, more or less, is commonly known as DCAD Property ID 16577,
wHER.EAS, 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, Gwners and the City acknowledge that this Agreement between
them is binding upon the City and the Gwners and their respective successors and assigns
for the term of the Agreement;
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as Land for agricultural or wildlife
management use, or timber land pursuant to Tex, Tax Code chapter 23,C, D, or E; and
WHEREAS, GWNERS represent that it is their intention not to develop the
Property during the term of this Agreement; and
WHEREAS, Tex. Loc. Gov't Code section 43.x35 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 Cade section 43.x35; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of
Denton County, Texas;
r
H~~T
1
s;lour documentslmiscellaneous1101annexationslhenry evansnon-annexation agreement.doc
NOw, THEREFORE, in consideration of the mutual covenants contained herein,
the Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of
the extraterritorial status of the Property and agrees not to annex the Property for the term
of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed
upon by the Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the
Property for the term of this Agreement and any extensions agreed to by the Parties shall
be limited to farm-related and ranch-related uses and customary accessory uses, and
single-family detached farm or ranch dwellings, provided that no single-family dwelling
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 sub j ect to this Agreement into parcels, each
of which is at least five ~5} acres in size, for the purposes set forth in this section without
being in violation of this Agreement, Such uses and activities constitute the development
plan for the Property in satisfaction of Tex, Loc. Gov't Code section 212.172~b}.
Section 3. Governin Re ulations. The following City regulations shall apply to
any development of the Property, as may be amended from time to time, provided that
the application of such regulations does not result in interference with the use of the land
for agricultural, wildlife management or forestry purposes and does not prevent the
continuation of a use established prior to the effective date of this Agreement and which
remains lawful at the time the Agreement is executed:
~1} Zoning standards contained in the Denton Development Code
~"DDC"}, as amended pursuant to The Denton Plan, 1999-2020, as
amended, including but not limited to the ~RD-5} Zoning District
regulations, and standards incorporated therein
~2} The subdivision and development regulations contained within the
Denton Development Code, as amended, together with applicable
Design Criteria Manuals including construction, drainage, site design,
solid waste, transportation, tree protection standards, and
waterlwastewater}, Denton Mobility Plan and other approved Master
Plans of the City of Denton, Texas, and the North Central Texas
Council of Governments Standard Specifications for Public works
Construction, North Central Texas, 3rd Ed,1998 ~NCTCOG Manual);
~3} Denton building codes, as contained within Denton Code Chapters 17,
28 and 29, and DDC Subchapter 24, adopting:
a. International Building Cade, 2006 Edition with local
amendments;
b. International Residential Code, 2006 Edition with
Appendix G and local amendments;
2
s:lour doenmentslmiscellaneous1l01annexationslhenry evans nan-annexation agreement.doc
c, The International Fire Code, 2006 Edition with local
amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with local
amendments;
f, International Mechanical Code, 2406 Edition with local
amendments
g, Code of Ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h, International Energy Conservation Code, 2006 Edition with
regional amendments;
i, National Electric Code, 2005 Edition with local
amendments,
j, National Electric Safety Code, 2003 Edition, with regional
amendments;
k, Minimum housing and building standards, Denton Code
§~2$-3$3 437 and ~§17-141 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code §§2$-441- 457; and
m, Moving Buildings, Denton Code ~~2$-326 375;
~4} Sign regulations, as contained within Subchapter I S of the DDC, as
amended;
~5} Applicable water and wastewater connection, construction and on-site
operation requirements, contained within Chapter 26 of the Denton
Code of Ordinances, as amended, and Subchapters 16 and 21 of the
DDC, as amended, the Denton water and wastewater Criteria Manual,
as amended, and as supplemented by the Texas water Code, as
amended, Texas Natural Resources Code, as amended, Texas Utilities
Code, as amended, and applicable administrative standards of the
Texas Commission on Environmental Quality, as amended;
~6} Applicable Flood Protection, Drainage and related standards, as
contained within Chapter 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 'Dater 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 anal production standards, as contained in
§35.16,19 and subchapter 22 of the Denton Development Cade, as
amended and as applicable, and as supplemented by requirements of
3
s,lnur documentslmiscel~aneousll0lannexationslhenry evens non-annexation agreement.doc
the Texas Utilities Code, the Texas Natural Resources Code, the Texas
water Code, and applicable administrative standards of the Texas
Railroad Commission and Texas Commission on Environmental
Quality, as amended,
Section 4. Development Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 18o 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 develapment 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 18o-day period during which the Development Plan is in effect.
Section 5. A reement Deemed Void in Part Voluntar Annexation,
~A} if an Owner f Iles any application or plan of development for or otherwise
commences development of any portion of the Property Inconsistent with the
Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall
thereupon become null and void,
~B} Thereafter the City may initiate annexation of the Property pursuant to
Tex, Loc, Gov't Code subchapter C-1, or other such other provisions governing voluntary
annexation of land as may then exist. Owners expressly and irrevocably consent to
annexation of the Property under such circumstances, Owners further agree that such
annexation by the City shall be deemed voluntary, and not subject to the requirements
and procedures for an annexation plan, as required by Tex, Loc. Gov't Code section
43.052, 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 3o 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, Elea Street
Denton, Tx 76201
Section 7. Recording, This Agreement is to run with the Property and be recorded
in the real property records, Denton County, Texas,
4
s:lour docutnentslmiscellaneousllOtanne~ationslhenry evans non-annexation agreement,dQC
Section S. Severabil~ty. Invalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions Which shall
remain in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either owner or the
City by any proceeding at law or inequity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Dwner waives no rights as to matters not addressed in this Agreement.
Section 10. Chan e~in Law, No subsequent change in the lave 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 Cop es, This Agreement may be separately
executed in individual counterparts and, upon execution, shall constitute one and same
instrument,
Section 13. Term and Extension. The initial term of this Agreement shall be for a
period of five ~5~ years from the Effective Date the "Term"}. The Effective Date of the
Agreement shall be the date the Agreement is executed by the City. The Term may be
extended upon mutual agreement of the Parties,
Section 14. Survival of Covenants, The covenants in Sections 2, and 4 shall
survive termination of this Agreement, together with any other provisions, as may be
necessary for the implementation of those sections,
The Parties hereto have executed this agreement as of .
owners
~ Y
Henry L. Eva , Jr,
THE CITY ~F DENT4N, TEXAS
By:
City onager, Deputy City Manager, or
Designated Representative
5
s:lour docurnentslmiscellaneousllOlannexationslhenry evans nan-annexation agreement,doc
THE STATE 4F TEXAS ~
COUNTY CAF DENT4N }
This instrument was acknowled ed before me on the da of g Y ~ 5
2010, by Henry L, Evans, Jr.
,
~o~~!'er, CHAiiT~N~ A. DID n Notary Public Slate of ~'a~ ~ ~ ~ ~ . ~ .Y
, t MY ~~i~M15SfON ~XP#~~$
~ .v Notary Public, State of Teas
5
THE STATE QF TEXAS }
COUNTY OF DENTIN ~
This inst u~nent was ackno e ed before ~ on the day of r ,
~2.~.} by ~~Ianage Deputy City ManagerlDes~gnated resentative, on behalf of the City of Den on,
exas,
~,~,,~Y~~,,,,~~ otary P lic, State of Texas
1P,, 1, J~NNI~~IR K, INA~TE~S r h~
,+~,4a My C~r~lr~iS~ic~n ~Xpires ~~~~r~f~~r 1 ~~10
~A.
APPROVED AS T~~,LBGA ~,..w
ANITA BURGESS, CITY ATT~ EY
.,~...~~~rv~
After zecording return to;
c;ldocnments and settingsljudy.l,rodriguezllocal settingsltemporary intemet fileslolkc#~Iglosser nornannexation agreer Jennifer Walters
City Secretary
215 E, NIcl~it~ney
CHAPTER 212 TEXAS LUCAL GGVERNMENT CURE Denton, T~ 76201
NUN-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 wells Fargo Bank, N.A.,
~"Owner"~, the successor in interest to First Interstate Bank of Fort North, N.A., as
Trustee, to that certain real property hereinafter described in Denton County, Texas the
"Property"~. The parties hereto are sometimes individually or collectively refe~~red to as
"Party" or "Parties";
Being 159.513 acres of land, more or less, situated in the David Davis Survey,
Abstract No. 356, Denton County, Texas, and being more fully described in that
certain warranty Deed dated April 20, 1990 from Polygon Enterprises, Inc. to
First Interstate Bank of Fort worth, N. A., Trustee, filed for record on April 30,
1990 and recorded in Volume 2771, Page 452 of the Real Property Records of
Denton County, Texas.
SAVE & EXCEPT; 17.2878 acres of land, more or less, situated in the David
Davis Survey, Abstract No. 356, Denton County, Texas, and being more fully
described in that certain warranty Deed dated February 11, 1992 from First
Interstate Bank of Fort worth, N, A,, Trustee of the Billie Gregory IRA Rollover
to Loe, warren, Rosenfield, Catterton & Kaitcer, P.C., filed for record on March
4, 1992 and recorded in Volume 3171, Page 417 of the Real Property Records of
Denton County, Texas.
The remaining 142.2252 acres of land, more or less, is commonly l~nown as
DCAD Property ID 36643,
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, Owner desire that the Property remain in the City's extraterritorial
jurisdiction ~"ETJ"} for the term of this Agreement;
WHEREAS, Owner and the City acl~nowledge that this Agreement between them
is binding upon the City and the Owner 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, OWNER represents that it is his intention not to develop the
Property during the term of this Agreement; and
~~1T 1
a
lillium -
c;ldacuments and settingsljudy,l,radrigaezllocal settingsltemparary Internet f'tlesla~kcf~lglasser non-annexation agreement 121 l0.doc
WHEREAS, Tex. Loc. Gov't Code section 43,035 authorizes a property owner
and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section
212,172 for purposes of retaining land in the municipality's ETJ in exchange for the
property owner's covenant not to develop the property and to authorize the municipality
to apply development regulations not inconsistent with agricultural use; and
WHEREAS, the Parties are desirous of entering into an agreement authorized
under Tex. Loc. Gov't Code section 43.035; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of
Denton County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the Parties hereto agree as follows:
Section 1, Continuation of ETJ Status. The City guarantees the continuation of
the extraterritorial status of the Property and agrees not to annex the Property for the term
of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed
upon by the Parties, subject, however, to the provisions of this Agreement,
Section 2. Deyelapment__Pan. Owner covenants and agrees that use of the
Property for the term of this Agreement and any extensions agreed to by the Parties shall
be limited to farm~related and ranch~related uses and customary accessary uses, and
singie~family detached farm or ranch dwellings, provided that no single-family dwelling
may be located or constructed on a lot smaller than five ~5} acres. The property owner
may apply to the City for division of the land subj ect to this Agreement into parcels, each
of which is at least five ~5} acres in size, for the purposes set forth in this section without
being in violation of this Agreement, Such uses and activities constitute the development
plan for the Property in satisfaction of Tex, Loc, Gov't Code section 212.172~b},
Section 3 , Governin~Re u~lations, The following City regulations shall apply to
any development of the Property, as may be amended from time to time, provided that
the application of such regulations does not result in interference with the use of the land
for agricultural, wildlife management or forestry purposes and does not prevent the
continuation of a use established prior to the effective date of this Agreement and which
remains lawful at the time the Agreement is executed:
~1} Zoning standards contained in the Denton Development Code
~"DDC"}, as amended pursuant to The Denton Plan, 199982020, as
amended, including but not limited to the ~RD~S} Zoning District
regulations, a~.d 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
2
c;ldocuments and sett~ngsljudy,l,rodrig~tezllocal settingsltemparary intemet #'ileslalkcf~lglosser non-annexation agreement 12~ IO.doc
Plans of the City of Denton, Texas, and the North Central Texas
Council of Governments Standard Specifications for Public works
Construction, North Central Texas, 3rd Ed. 1998 ~NCTCOG Manual};
~3} Denton building codes, as contained within Denton Code Chapters 17,
28 and 29, and DDC Subchapter 24, adopting;
a. International Building Code, 2006 Edition with local
amendments;
b, International Residential Code, 2006 Edition with
Appendix G and local amendments;
c. The International Fire Code, 2006 Edition with local
amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
e, International Fuel Gas Code, 2006 Edition with local
amendments;
f, International Mechanical Code, 2006 Edition with local
amendments
g, Code of Ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h, International Energy Conservation Code, 2006 Edition with
regional amendments;
i, National Electric Code, 2005 Edition with local
amendments.
j, National Electric Safety Code, 2003 Edition, with regional
amendments;
k, Minimum housing and building standards, Denton Code
~§28-383 437 and 17-141 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code ~~28-441-~ 457; and
m. Moving Buildings, Denton Code ~§28-326 375;
~4} Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
~5} Applicable water and wastewater connection, construction and on-site
operation requirements, contained within Chapter 26 of the Denton
Code of Ordinances, as amended, and Subchapters 16 and 21 of the .
DDC, as amended, the Denton water and wastewater Criteria Manual,
as amended, and as supplemented by the Texas Water Code, as
amended, Texas Natural Resources Code, as amended, Texas Utilities
Code, as amended, and applicable administrative standards of the
Texas Commission on Environmental Quality, as amended;
~6} Applicable Flood Protection, Drainage and related standards, as
contained within Chapter 3 0 of the Denton Code, as amended, and
3
c:ldocuments and settingsljudy,l,radriguezllocal settingsltemparary Internet fileslol~CCf~lglosser non~annexation agreement 1 zl l~.dac
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 Nell platting, drilling and production standards, as contained in
§35,16.19 and subchapter Z~ of the Denton Development Code, as
amended and as applicable, and as supplemented by requirements of
the Texas Utilities Code, the Texas Natural Resources Code, the Texas
Water Code, and applicable administrative standards of the Texas
Railroad Commission and Texas Commission on Environmental
Quality, as amended.
Section 4, Develo ment Plan to Remain in Effect, Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 1 So calendar days thereafter, or until the effective date of the
annexation and permanent zoning of the Property, whichever first occurs. The Parties
covenant and agree that the City may deny any development application or plan of
development that is submitted to the City for the Property during such period if such
application or plan is inconsistent with the Development Plan. Gwner expressly waives
any vested rights that might otherwise arise under local or state law, or by common law,
from the submittal of such inconsistent development application. C]wner further agrees
that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration
of
the 1 So-day period during which the Development Plan is in effect,
Section 5. A reement Deemed void in Part voluntar Annexation,
~A} If an 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, owner expressly and irrevocably consents to
annexation of the Property under such circumstances. Uwner further agrees that such
annexation by the City shall be deemed voluntary, and not subject to the requirements
and procedures for an annexation plan, as required by Tex, Loc, ~ Gov't Code section
43.05, or successor statute.
Section 6, Notice of Sale. Any person who sells or conveys any portion of the
Property shall, prior to such sale or conveyance, give 3 o days written notice of this
4
c;ldocuments and settingsljudy,l,radriguezllacal settingsltemporary Internet fileslolkcf~lglasser non-annexation agreement 121 10.dac
Agreement to the prospective purchaser or grantee. A copy of the notice shall be
forwarded to the City at the following address:
City of Denton, Texas
ATTN. Director of Planning and Development
221 N. Elm Street
Denton, T~ 76201
Section 7. Recordin .This Agreement is to run with the Property and be recorded
in the real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect,
Section 9, Remedies, This Agreement may be enforced by either Owner or the
City by any proceeding at law or inequity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Owner waives na rights as to matters not addressed in this Agreement.
Section 10. Chan~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 Mult~pe 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 ~4. Survival of Covenants, The covenants in Sections 2 and 4 shall
survive termination of this Agreement, together with any other provisions, as may be
necessary for the implementation of those sections.
The Parties hereto have executed this agreement as of - , 2010,
WELLS FARGO BANZ~., N.A., Trustee
Owner
5
c,ldacuments and settingsljttdy.l.rodriguezllocal settingsltemparary intemet fileslalkcf~lglosser non-a~~nexation agreement 121 l0,doc
• ~
r
y; J y L, odriguez, Tru t Uff er
THE CITY aF DENTaN, TEAS
By;
City Manage , Deputy City Manager, or
Designated Representative
THE STATE OF ~
CaUNTY ~F ~
This instrument was acknowed ed before me on the ~ da of Janua 201 o b g Y rY> Y
Judy L, Rodriguez as Trust Officer of Wells Fargo Bank, N.A., Trustee
J~ANN PAg~N
No~a~y Public
~TAT~ ~F T~~AS ,
~y Comm, exp. August D~, X013 No Public, State of Texas
THE STATE OF TEAS ~
COUNTY ~F DENTIN ~
This instru nt was ac owl. d before me o~ y of Ja ry, 20 0, by
~ Man erlDeputy City
ManagerlDe nated Repres ntative, on behalf of the City of Denton, Texas.
,a
t y Pub~~c State of Texas ~~ti~i~~rr~~~~ ,l~N~~~~ ~A~~~~s ~ ~ ~,,~nti~., ~.,rY~~, Notary public; ~~~te of Texas
' ~ My ~c~~r~issi~t`~ ~~lres
6
c,ldocuments and settingsljudy.l,radriguezllocal settingsltemporary Internet fileslalkc~lglosser non-annexation agreement 121 l0.doc
APPROVED AS TO LEGAL -~`URN~:~~~~~~~-~~p
ANNA BURGESS;CITY ATTORNEY
~I
i
7
After recording retu~•n to
s.lo~ir docu~nentslmiscellaneousllQlannexationslglosse~~ non-annexation a~~eement,doc Je1111ifel.' waters
City Secretary
215 E, ~c~~11111ey
CHAPTER 2~.2 TExAS LGCAL G[]VERNMENT CODE Denton, T~ 76201
N4N~ANNExATI4N AGREEMENT
This Agreement is entered into pursuant to Section 212,172 Tex, Local Gov't Code by
and between the City of Denton, Texas tthe "City"} and Billie P, Glosser, formerly
known as Billie Gregory per order Granting Name Change, dated Noven~ber 5, 1995,
attached hereto as Exhibit "B"} ~"owner"}, the property owner of the hereinafter
described property the "Property"} in Denton County, Texas, sometimes individually or
collectively referred to as "Pax•ty" or "Parties":
That property desc~•ibed in a deed to Billie Gregory which is recorded in
Instrument No,19754 of the Real Property Records of Denton County, Texas, and
commonly know~a as Tax Parcel No. 160701, which is attached hereto as Exhibit
A, consisting of approximately 6,205 acres of land,
WHEREAS, the City has given notice of its intent to institute annexation
proceedings for the Prope~•ty in accordance with Tex, Loc. Gov't Code ch, 43; and
WHEREAS, Gwner desi~•e that the Property remain in the City's extraterritorial
jurisdiction ~"ETJ"} fo~• the term of this Ag~•eement;
WHEREAS, owner and the City acknowledge that this Agreement between them
is binding upon the City and the Owner 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, GwNER represents that it is his intention not to develop the Property during the term of this Agree~ne~at; 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 retaining land in the n~~nicipality's ETJ in exchange for the
p~•operty owner's covenant not to develop the property and to authorize the municipality
to apply development regulations not inco~asistent with agricultural use; and
wIIEREAS, 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;
1 ~ ~~~~1T
5,lo~~i• documentSI1T115CE11a1~e011511 QI&11nCX~t101151g1o55e1' 11~i1-a1111CX~t10n a~ieemerlt.doc
NGw, THEREFGRE, in consideration of the mutual covenants contained herein,
the Parties hereto agree as follows:
Section 1, Continuation of ETJ Status, The City guarantees the continuation of
the extrater~•itorial status of the Property and agrees not to annex the Property far the tern
of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed
upon by the Pal•ties, subject, however, to the provisions of this Agreement.
Section 2. Development__Plan, Gwner covenants and agrees that use of the
Property for the term of this Agreement and any extensions agreed to by the Parties shall
be limited to farm~related and ranch-1•elated uses and customary accessory uses, and
single-family detached fa~~.n or ranch dwellings, p~•ovided that no single-family dwelling
maybe located or constructed on a lot smaller than eve ~S} acres, The property owner
play apply to the City for division of the laud 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 tl~e Property in satisfaction of Tex, Loc, Gov't Code section 212.172~b},
Section 3. Governin Re orations, The following City regulations shall apply to
any development of the P1•opel•ty, as lnay 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 pl•event the
cantinuation of a use established prior to the effective date of this Agreement and which
remains lawful at the time the Agreement is executed:
~l} Zo11111g standards Colltalned In the Dentan Development Code
~"DDC"}, as amended pursuant to The Denton Plan, 19992020, as
amended, including but not limited to the ~RD~S} Zoning District
regulations, and standards incol~orated therein
~2} The subdivision and development regulations contained within the
Denton Development Code, as amended, togethel• with applicable
Design Criteria Manuals including construction, drainage, site design,
solid waste, transportation, tree protection standards, and
waterlwastewater}, Del~ton Mobility Plan and other approved Maste~•
Plans of the City of Denton, Texas, and the North Central Texas
Council of Governments Standard Specifications for Public works
Construction, North Central Texas, 3rd Ed.1998 ~NCTCOG Manual};
~3} Denton building codes, as contained within Denton Code Chapters 17,
28 and 29, and DDC Subchapter 24, adopting:
a. Internatiolaal Building Code, 2006 Edition with local
amendments;
b. International Residential Code, 2006 Edition with
Appendix G and local amendments;
2
s:loui• doc~lmentslmiscellaneousll~lan~lexationslglosser lion-a~~~~exation agreement.doc
c, The I~itel•~lational Fire Code, 2006 Edition with local
amendments;
d. Intez~~ational Plumbing Code, 2006 Edition with local
amendments;
e, International Fuel Gas Code, 2006 Edition with local
amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of Ordinances Chapter 17, Dento~a Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i, National Electric Code, 2005 Edition with local
amendments,
National Electric Safety Code, 2003 Edition, with regional
amendments;
l~, Minimum Dousing and building standards, Denton Cade
§§28-383 437 and §§17141 Z10, as amended and as
applicable;
1, I~.~.•igation Standards, Denton Code §§28441-- 457; and
m. Moving Buildings, Denton Code § §25-32~ - 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 Chapte~• 2~ of the Denton
Code of ordinances, as amended, and Subchapters 1 ~ and 21 of the
DDC, as amended, the Denton water and wastewater Criteria 111lanual,
as amended, and as supplemented by the Texas water Code, as
amended, Texas Natural Resources Cade, as amended, Texas Utilities
Code, as amended, and applicable administrative standards of the
Texas Commission on Envi1•onmental 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
D~•ainage 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 Enviro~uuental 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
3
s.lour documentslmiscellaneousll0lannexat~onslglosset~ non-annexatio~l agreeme~~t.doc
the Texas Utilities Code, the Texas Natural Resources Code, the Texas
water Code, and applicable administrative standards of the Texas
Railroad Commission and Texas Commission on Environmental
Quality, as amended.
Section 4, Develo ment Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the
annexation and pe~•manent zoning of the Property, whichever first occurs. The Parties
covenant and ag1•ee that tl~e City nay 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 inco~asistent with the Development Plan, Gwner expressly waives
any vested rights that might otherwise arise under local or state law, or by common law,
from the submittal of such inconsistent development application, Gwner further agrees
that no use commenced or completed on the Prope~•ty that is inconsistent with the
development plan shall be considered established or in existence prio~• to the expiration of
the 1 SO~day period during which the Development Plan is in effect.
Section 5. A reement Deemed Void in Part• Voluntar Annexation.
~A} zf an Gwner files any application or plan of development for or otherwise
conunences development of any pox•tion of the Prope~•ty inconsistent with the
Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall
thereupon become null and void,
~B} The~•eafter the City may initiate annexation of the Property pursuant to
Tex. Loc. Gov`t Code subchapter C~1, or other such other provisions governing voluntary annexation of land as may then exist, Gwner expressly and irrevocably consents
to
annexation of the Property under such circumstances. Gwner further agrees that such
annexation by the City shall be deemed voluntary, and not subject to the requirements
and procedures for an a~~tlexation plan, as required by Tex. Loc, Gov't Code section
43 , 052, or successor statute,
Section 6. Notice of Sale. Any pe~.•son 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 tl~e following addzess;
City of Denton, Texas
ATTN. Director of Plan~ling and Development
221 N. Elm Street
Denton, Tx 76201
Section 7. Recordin ,This Agreement is to run with tl~e Property and be recorded
in the real property records, Denton County, Texas.
4
s;lour dact~mentsl~niscellaneousll Ola~lnexationslglasser ~lat~-annexation agreemei~t.dae
Section S, Severabilit ,Invalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full fo~•ce and effect.
Section 9. Remedies, This Agreement maybe enforced by either Owne~• 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. khan 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
tlae properties covered herein pursuant to Section 4.
Section 11, Venue, Venue for this Agreement shall be in Denton County, Texas,
Section 12, Execution in Multi le Co ies. This Agreement may be separately
executed in individual counterpa~•ts and, upon execution, shall constitute one and same
instx•ument.
Section 13. Term and Extension, The initial te~•m of this Agreement shall be for a
period of five ~5} years from the Effective Date the "Teen"}, The Effective Date of the
Agreement shall be the date the Agreement is executed by the City. The Term maybe
extended upon mutual agreement of the Paz•ties.
Section 14, Survival of Covenants, The covenants in Sections 2, and 4 shall survive termination of this Ag~•eement, together with any other provisions,
as may be
necessary for the implementation of those sections,
The Parties hereto have executed tl~is agreement as of , 2010.
owner
illie P, Glosser
Formerly l~nown as Billie Gregory per
Order Granting Change of Name of
Adult dated 11f0511998
5
s;lotir doc~tmet~tslmiscellaneausll~latlnexationslglosset• t~o~~-att~lexat~at~ agreement.doc
THE CITY OF DENTON, TEXAS
By;
City M nag r, Deputy City Manager, or
Designated Representative
THE STATE aF TEXAS }
CQUNTY ~F DENTC~N }
This instrument was acl~nawled ed before me on the g day of January, Zo l o, by
Billie P, Glosser.
~~``"'+`~Fii''~. SYi~~Hf~iJlc lV~~t~i Ct~I~M4N5 p .~x~ public, State a~ Texas ,Notary ~K fires ~a,, - ~r
~ ' ; My Commissinan np r~~,',~~Fl~~`~~~ ~@~~l1~tY ~ 7, 2V~ J
Notary P lic, State of Texas
THE STATE ~F TEXAS ~
COUNTY ~F DENT4N ~
This 'nstr ~ ent was acl owled d befog e me on t - ,.,.~.,4.~.ada. of Ja ~y, ZO t 0, by
i Mana erl eputy City
Manager ~ esignated Representative, on behalf of the City of Denton, Texas.
a`
~1~~~,~Y Fp~~is k A ~~NNi~~R KI wA~T~~s ~ ~ / 1 ~f ~,~°k' ~ Notary i~~lbiic, st~ce of Yexas No ar ublie, S to of Texas
My ~yt~~~t~r~jit~}~~ic~~Jn ~x~i~~s _
1
ANITA B~R[~ES S, CITY ATT~RN Y
• ~ EX~I~I~ J4 " r . 1 + e 4 ~ ~ 1
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That ~~LYC~H ~1'tE~'RI3~~, ~H~~ ~ ~ ~orporet~ora nct~rig her~ir by nad th~rda~h itn d~I~r app~~~tt~d al~ieer
~t the ~a~nty Nan~or~ end ~t~t~ ~i '~~xan for end ~r~
~ oansldcrat~or~ ~J ~IM~ Q~ i~ ~1{~U ~~~~Sl~ ~~~~r ~~/~+rrrrr+~wtirilk~lw~~wwrw..•4,,,~,w~l~swr~l.~w~ww►rl~r*wl~l
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Wh~~h l~ hcrahy acknow(cd~atl,
~L~ G,4~tt ail 1~►N~ P~I~D~ TIDE RE~~I~7' OF RICH I ~1~~3Y dC~{N~h1LEl?~l±A
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1 E
CAUSE NC« 98-3069 3211 r~•
IN RE: CHANCE OF NAME ,_OF ~ IN THE DYST~!~, COUR'~
~ ~ „r 'rrf WILLIE CRECCRY, ~ DENTQN C~•~~'r ~i~' }r
AN ADULT ~ 21l JUG CI ~ ~~I~T f.
jury, s
~}RI~ER (~HANTINC~ GgANC~E OF NAME CAF A~tJLT
~ , Cn the day of , 1998, the Court ~ rd
the Petita~on for Change of Name of Adult of WILLIE ~ GREGORY ~ .
Petit~.oner .
Pet,~t~.aner appeared in person and through attorney of record,
MARK J« RCSENFIELD~ and announced ready.
. The Coua~t f ~.nds that it has jurisdict~.on of the case and
HILLIE GREGCRY«
The making of a record of .testimony was wa~.ved wa.th the
consent of the Court..
The Court f ~.nds
1, Petitioner is an adult;
Petitioner's full true name is HILLIE GREGgRY;
3. Petitioner's sex is females
Petitioner's race is Caucasian;,
5. Petitioner was born an July ~2~ ~,94~~ in Joplin ►~asper
Countyr Missauri~
6 . Peta~tioner' s driver's license ~aumber of an license Y
issued witha~n the past ten years a.s Te~ag DL# p~733143;
7« Pet~,tioner's social Security number is 4~3-?0-~77~2'
B « Na offense has been chaxged against Petitioner above the
grade of class ~ misdemeanor;
~ • Petitioner has not been f ina~.~,y convicted of a f elony; . - and
• `r' :~1;', z"~
10 . Petita~oner' s change of name is in the interest ar to the
benefit of Petitioner and in the interest of the ublic « p
~RDg~ ~RANTxNG CHANG$ OF NAME OF A~~L~' SAGE
/data/wpl~ca~en~~.eld/gx~ga~y~b/nsmechngRord 879-9~.1
M . 1
IT zS ORDERED that Petita~oner' ~ name is changed farm EILLIE
GRERY to BILLIE PERLE GLDSSER.
IT 1S DRD~RED that all re~,ie~ reque~►t in this ~caae and orit
~xpresaly granted is den~.ed.
SI~~ED the day of , 198.
. ~~r
~uD~ ~
~~1 11'tllf 1~1!'/ •Ee_.'r ` ~1 ll.r ~~l\A L 4~L •4 ~tJ~~•~.'l Ls 4'~ti rj ''rid:
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~ ' } ~ SS' ~ 4 { ~
QRDBR GRANTYNG CHANGB GE NAME QF ADULT PAGE 2 /d~~a/wpJro~en~ield/~r~gor~.binamechnq~~rd 8179-~8«1
After recording retut~ to
s.laur documentslmiscellaneousll0lannexatianslcharles & mart' gregary non-annexation agreement,doc Je11111fe1.' Walters
City Secretary
215 E, ~cI~.inney
C~IAPTER 212 TExAS LOCAL GGVERNMENT CUDE Denton, T~ 76201
NGN-ANNExATI~N AGREEMENT
This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by
and between the City of Denton, Texas the "City"~ and Charles L, & Mary R. Gregory
~"Gwners"}, the property owners of the hereinafter described property the "Property"} in
Denton County, Texas, sometimes individually or collectively referred to as "Party" or
"Parties":
Being 10.036 acres of land, mare or less, situated in the Gibson Myers
Survey, Abstract No, 843 and the A. Miller Survey, Abstract No, 587,
Denton County, Texas, and being more fully described in that certain
warranty Deed with Vendor's Lien dated May 4, 1994 from Eagle Farms,
Inc, and John Porter Auto Sales, Inc, to Charles L. Gregory and wife, Mary
R. Gregory, filed for record on May 11, 1994 and recorded in Instrument
Number 94-R003 8707 of the Real Property Records of Denton County,
Texas. Said 10.036 acres of land, more or less, is commonly known as
DCAD Properly ID 173418.
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, Gwners and the City acknowledge that this Agreement between
them is binding upon the City and the owners and their respective successors and assigns
for the term of the Agreement;
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised 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, Texe Loc. Gov't Code section 43,035 authorizes a property owner
and a municipality to enter into an agreement pursuant to Tex, Lac, Gov't Code section
212,172 for purposes of retaining land in .the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality
to apply development regulations not inconsistent with agricultural use; and
WHEREAS, the Parties are desirous of entering into an agreement authorized
under Tex, Loc. Gov't Code section 43,035; and
EH~T 1
Lao
s,lour documentslmiscellaneaus1101annexatianslcharles & mary gregory non-annexation agreement,doc
WHEREAS, this Agreement is to be recorded in the Real Property Records of
Denton County, Texas;
New, T13ER,EFORE, in consideration of the mutual covenants contained herein,
the Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of
the extraterritorial status of the Property and agrees not to annex the Property for the term
of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed
upon by the Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Qwners covenant and agree that use of the
Property for the term of this Agreement and any extensions agreed to by the Parties shall
be limited to farm~related and ranch~related uses and customary accessory uses, and
single-family detached farm or ranch dwellings, provided that no single-family dwelling
may be located or constructed on a lot smaller than five ~5} acres, The property owner
may apply to the City for division of the land subj ect to this Agreement into parcels, each
of which is at least five ~5} acres in size, for the purposes set forth in this section without
being in violation of this Agreement. Such uses and activities constitute the development
plan far the Property in satisfaction of Tex. Loc. Gov't Code section 212.172~b}.
Section 3. Governin Re ulations, The following City regulations shall apply to
any development of the Property, as may be amended from time to time, provided that
the application of such regulations does not result in interference with the use of the land
for agricultural, wildlife management or forestry purposes and does not prevent the
continuation of a use established prior to the effective date of this Agreement and which
remains lawful at the time the Agreement is executed:
~ 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~S} Zoning District
regulations, and standards incorporated therein
~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable
Design Criteria Manuals including construction, drainage, site design,
solid waste, transportation, tree protection standards, and
waterlwastewater}, Denton Mobility Plan and other approved Master
Plans of the City of Denton, Texas, and the North Central Texas
Council of Governments Standard Specifications for Public Works
Construction, North Central Texas, 3rd Ed.1998 ~NCTC~G Manual};
~3} Denton building codes, as contained within Denton Code Chapters 17,
28 and 29, and DDC Subchapter 24, adopting:
a. international Building Code, 200b Edition with local
amendments;
2
s:lour documentslmiscellaneousll~lannexationslcharles & mary gregorynon-annexation agreement,doc
b. International Residential Code, 2006 Edition with
Appendix G and local amendments;
c, The International Fire Cade, 2006 Edition with local
amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with local
amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of Ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local
amendments,
j. National Electric Safety Code, 2003 Edition, with regional
amendments;
k, Minimum housing and building standards, Denton Code
§§28-383 _ 437 and 17-141 _ 210, as amended and as
applicable;
I. Irrigation Standards, Denton Code §~28-441-- 457; and
m. Moving Buildings, Denton Code §§25-326 - 375;
~4} Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
~5} Applicable water and wastewater connection, construction and on~site
operation requirements, contained within Chapter 26 of the Denton
Code of Ordinances, as amended, and Subchapters 16 and 21 of the
DDC, as amended, the Denton water and wastewater Criteria Manual,
as amended, and as supplemented by the Texas water Code, as
amended, Texas Natural Resources Code, as amended, Texas Utilities 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 1 g of the DDC, as amended, the Denton
Drainage Criteria Manual, as amended, and as supplemented by
requirements of the Texas water Code, as amended, Texas Natural
Resources Code, as amended, applicable administrative standards of
the Texas Commission on Environmental Quality, as amended, and
applicable administrative standards of the Federal Emergency
Management Administration, as amended; and
3
s;lour dacumentslmiscellaneousll0lannexatianslcharles & mary gregorynon-annexation agreement,doc
~7} Gas well platting, drilling and production standards, as contained in
X35.16,19 and subchapter 2~ of the Denton Development Code, as
amended and as applicable, and as supplemented by requirements of
the Texas Utilities Code, the Texas Natural Resources Code, the Texas
water Code, and applicable administrative standards of the Texas
Railroad Commission and Texas Commission on Environmental
Quality, as amended.
Section 4. Development Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the
annexation and permanent zoning of the Property, whichever first occurs. The Parties
covenant and agree that the City may deny any develapment 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 180Wday period during which the Development Plan is in effect.
Section 5, A reement Deemed Void in Part Volunta Annexation.
~A} if an Gwner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the
Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall
thereupon become null and void.
~B~ Thereafter the City may initiate annexation of the Property pursuant to
Tex. Loc. Gov't Code subchapter C~1, or other such other provisions governing voluntary
annexation of land as may then exist. Gwners expressly and irrevocably consent to
annexation of the Property under such circumstances, 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 o days written notice of this
Agreement to the prospective purchaser or grantee. A copy of the notice shall be
forwarded to the City at the following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N, Elm Street
Denton, T~ 76201
4
s;lour doeumentslmiscellaneons1101annexationslcharles & mary gregorynon-annexation agreement.dac
Section 7, Recordin .This Agreement is to run with the Property and be recorded
in the real property records, Denton County, Texas.
Section Severability. Invalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the
City by any proceeding at law or in equity, Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Owner waives no rights as to matters not addressed in this Agreement.
Section 1 Chan,~e , xn Law. No subsequent change in the law regarding
annexation shall affect the enforceability of this Agreement or the City's ability to annex
the properties covered herein pursuant to Section 4.
Section 11, Venue. Venue for this Agreement shall be in Denton County, Texas,
Section 12. Execution in Multi le Co ies. This Agreement may be separately
executed in individual counterparts and, upon execution, shall constitute one and same
instrument,
Section 13. Term and Extension. The initial term of this Agreement shall be for a
period of five ~5}years from the Effective Date the "Term"}. The Effective Date of the
Agreement shall be the date the Agreement is executed by the City. The Term may be
extended upon mutual agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall
survive termination of this Agreement, together with any other provisions, as may be
necessary for the implementation of those sections.
The Parties hereto have executed this a reement as of . g
Owners
u ~
Charles L, Gregory
r
Mary R. re ry ,
5
s:lour documentslmiscellaneausll~lannexatianslcharles & mary gre~ory non-annexa~io~ agreement.doc
THE CITY OF DENTCN, TEXAS
By:
City Manager, Deputy City anager, or
Designated Representative
THE STATE ~F TEXAS }
COUNTY OF DENTGN } ~
This instrument was acknowledged before me on the da of ~ ~s y 2010, by Charles L. Gregory.
s
~ -
Notary Pu lic, State of Texas
THE STATE OF TEXAS }
COUNTY QF DENTGN ~
This instrument was acknowledged before me on the day of ~ ,
2010, by Nary R. Gregory,
as*~=;°~~~ CHAI~T~NE A. DICE " NUta~l~ ~t~bl~C State of T@~t ~
a~~ ~ p = MY Cq~IMISSIQN ~RPI~E~ ~ Y
i ` ~ ~ Nota Public State of Texas rY
THE STATE OF TEXAS ~
COUNTY 4F DENTON }
This instrument was ackno d ed befor me on th day of~-~~-,
,20 by Ci
tY ~na -IDeputy City Manager signated epresentativ , on behal of the City of Denton,
a~~~~~`~Y A ~4 ~ ~~~~N~~~~ w~~t~~~ oar Pu ~c State of Texas ~ N~#~r~+ ~~~N~, ~t~t~ cif ~'exas y
~ ~y ~~r~r~l~~l~r~ ~~p~r~s ~,f~~r~, ~
~~r~i ~ ~ql ~
6
s;lour dacumentslmisccllaneous1101annexationslcharles & mary grcgory non-anneYatian agrcemcnt.doc
APPROVED AS TO LEGAL FORM:
ANNA BURGE~S,yC~TY ~AT~'~RNEY
,..r"
~ ~ ~
.f
r f
7
After recording ~•etu~•n to;
1etu~ifer wafters
City Secretary
215 E, Mc1~.inrley
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE Denton, TX 762 1
NON-ANNEXATION AGREEMENT
This Agreement is ente~•ed into pursuant to Section 212.172 Tex, Local Gov't Code by
and between the City of Denton, Texas the "City"} and Jacl~ B, Hall and Cynthia A, Hall
~"Qwners"}, the property owners of the hereinafter described property the "Property"} in
Denton County, Texas, sometimes individually or collectively referred to as "Party" or
"Parties";
That property described in a deed to Jack B, Hall and Cynthia A. Hall which is
recorded as volume 743 page 92 in the Real Property Records of Denton County,
Texas, a copy of which is attached hereto as Exhibit A, and commonly l~n.own as
Tax Parcel No. 64431, consisting of approximately 5 acres of land.
WHEREAS, the City has given notice of its intent to institute annexation
proceedings far the Property in accordance with Tex. Loc. Gov't Code ch. 43; and
WHEREAS, Qwners desire that the Property remain in the City's extraterritorial
jurisdiction ~"ETJ"} for the term of this Agreement;
WHEREAS, Qwners and the City acknowledge that this Agreement between
them is binding upon the City and tl~e owners and their respective successors and assigns
for the term of the Agreement;
WHEREAS, the De~aton County Appraisal District records show that the Property
currently is appraised for ad valorem tax pu~~oses as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Cade chapter 23.C, D, or E; and
WHEREAS, QWNERS represent that it is their intention not to develop the
P~•operty 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 far 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 retarded in the Real Prope~•ty Records of
Denton County, Texas;
NQW, THEREFQRE, in consideration of the mutual covenants contained herein,
the Parties hereto agree as follows;
~H1T
1 0
Section 1. Continuation of ETJ Status. The City guarantees the continuation of
the extraterritorial status of the Property and agrees not to annex the Property for the term
of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed
upon by the Parties, subject, however, to the provisions of this Agreement,
Section 2. Development Plan. The Uwners covenant and agree that use of the
Property for the term of this Agreement and any extensions agreed to by the Parties shall
be, limited to farm-related and ranch-related uses and customary accessory uses, and
single-family detached farm or ranch dwellings, provided that no single-family dwelling
maybe located or constructed on a lot smaller than five ~S} 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 maybe amended from time to time, provided that
the application of such regulations does not result in interference with the use of the land
fo~• 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;
~1} Zoning standards contained in the Denton Development Code
~"DDC"}, as amended pursuant to The Denton Plan, 1999-2020, as
amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein
~2} The subdivision and development regulations contained within the
Denton Development Code, as amended, together with applicable
Design Criteria Manuals including construction, drainage, site design,
solid waste, transportation, tree protection standards, and
waterlwastewate~•}, Denton Mobility Plan and other approved Master I'
Plans of the City of Denton, Texas, and the North Central Texas
Council of Governments Standard Specifications for Public Worl~s
Const~~.lction, North Central Texas, 3rd Ed.1998 ~NCTCUG Manual};
~3} Denton building codes, as contained within Denton Code Chapters 17,
28 and 29, and DDC Subchapter 24, adopting;
a. International Building Code, 2006 Edition with local
amendments;
b. International Residential Code, 2006 Edition with
Appendix G and local amendments;
c, The International Fire Code, 2006 Edition with local
amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
2
e. International Fuel Gas Code, 2006 Edition with local
amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of Ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local
amendments,
j. National Electric Safety Code, 2003 Edition, with regional
amendments;
k, Minimum housing and building standards, Denton Code
~§28-383 437 and §§17-141 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code ~~28w441- 457; and
m. Moving Buildings, Denton Code ~ §28-326 - 375;
~4} Sign regulations, as contained within Subchapter 1 S of the DDC, as
amended;
~5} Applicable water and wastewater connection, construction and 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 Natu~•al Resources Code, as amended, Texas Utilities
Code, as amended, and applicable administrative standards of the
Texas Commission on Environmental Quality, as amended;
~6} Applicable Flood Protection, Drainage and related standards, as
contained within Chapter 30 of the Denton Code, as amended, and
subchapters 17 through 19 of the DDC, as amended, the Denton
Drainage Criteria Manual, as amended, and as supplemented by
requirements of the Texas Water Code, as amended, Texas Natural
Resources Code, as amended, applicable administrative standards of
the Texas Commission on Environmental Quality, as amended, and
applicable administrative standards of the Federal Emergency
Management Administration, as amended; and
(7} Gas ULTeII 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
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 ~ 80 calendar days thereafter, or until the effective date of the
annexation and permanent zoning of the P~•operty, 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, o~• by common
law, ftam the submittal of such inconsistent development application. The Owners
fiu~ther agree that no use conllnenced 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 18D-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 o~• plan of development for or otherwise
commences development of any portion of the Property inconsistent with the
Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall
thereupon become null and void,
~B} Thereafter the City may initiate annexation of the Property pursuant to Tex, Loc, Gov't Cade subchapter C-1, or other such other provisions governing voluntary
annexation of land as may then exist. Owne~•s expressly and irrevocably consent to
annexation of the Property under such circumstances, Owners further agree that such
alulexation by the City shall be deemed voluntary, and not subject to the requirements
and procedures for an a~u~exation plan, as required by Tex. Loc. Gov't Code section
43.052, or successor statute,
Section 6. Notice of Sale. A~ay person who sells or 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
forwarded to the City at the following address;
City of Denton, Texas
ATTN. Directo~• of Planning and Development
221 N, Elm St•eet
Denton, T~ 76201
Section 7. Recordin ,This Agreement is to run with the Property and be recorded
in the ~•eal property records, Denton County, Texas,
Section 8, Severability, Invalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the ~•emaining 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 sa shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter, Entry into this Agreement by
Owner waives no rights as to matters not addressed in this Agreement.
Section 10, Change in Law. No subsequent change in the law regarding
annexation shall affect the enforceability of this Agreement or the City's ability to annex
the properties covered herein pursuant to Section 4,
Section I l , Venue, Venue for this Agreement shall be in Denton County, Texas,
Section 12, Execution_zn Multiple, ,Co,pies, This Ag~•eement 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 far a
pe~•iod of five ~5~ years from the Effective Date the "Te~•m"}, The Effective Date of the
Agreement shall be the date the Ag~•eement is executed by the City, The Term may be extended upon mutual agreement of the Pa~~ties,
Section 14, Survival of Covenants. The covenants in Sections 2, and 4 shall
survive termination of this Agreement, together with any other provisions, as may be
necessary for the implementation of those sections,
The Parties hereto Dave executed this agreement as of ~ ~ L ~ , 2010,
Owners
~
rr~ t
Jac .Hall ~
~ ~
I i
Cynthi A, Hall
THE CITY OF DENTON, TE~,A,.S
By;
City Manager, Deputy City Manager, or
Designated Representative
5
THE STATE ~F TEXAS ~
COUNTY aF DENTIN }
Thzs lnstrun~ent was acl~nowled ed before me on the da of g ~ y January, 2010, by Jacl~ B, Hall.
..;„ttt~,1,
~~~~y ~U~~r'~ SANDY lAWS~N
~ . ; '+n ~ No#ary ~ubiic, ~#a#e of Tsxas ' ~ My Commission ~x~ires
~,r'~~,~fl,ty'`t~ ~Ctaber0~, 212 C~l,~'~}
Notary Public, State Texas
THE STATE OF TEXAS ~
COUNTY OF DENTQN }
This instrument was acl~nowled ed before me on the da of c
~ y l.~CCAc , X010, by Cynthia A. Hall.
~..::.t rxc~• -
J ,~~~~~r~~a~r,~~ sANDY ~A~J~~N
Notary P~~iic, State of Texas ,w . , ~ f, ~ti~ My Commission expires
f4++iriiilti+'~ ~JCtDb~~ ~1, ,G~~
s,r~,~ ' ' Notary Public, State Texas
THE STATE 4F TEXAS ~
COUNTY ~F DENTON ~
T is instr ent was acl wledged be re me n the ~ -.......,daym,o.
2010, by ManagerlD uty Ci
~z ManagerlDesi aced Re sentative, on ehalf of the City of Denton, Texas;
r I~
~1111t1ri
~~,,b~A~ra~~,,~ J~PtNI~~R K ~ w ~r r , ~A1.T~RS
Notary pu~iic, o r Pub ~ State of Texas ' Toxas y ~ , ~Y Camrnlssior~ Ex Tres kk ~~cembe~ 14 ~
rl'i ~+ti►~° ~
.y, N1 f a~'.~ M^
AI~~TA ~BURGES S, CITY ATT4RN Y
Y' Y°~v'M
w
,r°
A-9 WARYtANTY D~~D--WithCeae~s EXhlbit A MARTIN5tationery~r,►Dallaa
E STATE OF T~E~AS, ~ ~ .
Knave Ali Vlen ~y These Presents: Co ty of...,...... DENTON._.
DEED RECp~~~
. ~
at W. T, .HALL, ~ JR. , and w~.fe, DOROTHY R, HALL, ~6~~
of County of Denton State .af ~ Texas ~ ~ for and iii consideration of
the of TEN AND NO / D ~ _ _ _
an~ other good and valuable considerations, '
to u5 ~ ~ ~ inhandpaidby JACK HALL .and CYNTHIA A, HALL, herein . of er known ~.s Grantees, the'recei~t of:~rhich is hereby fully
ac nawledged, and the. natural love a~.d'affection we bear• for our
so , Jack B, Hall, ~ .
3
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hav Granted, Said and Conveyed, and iay these presents da Brant, Seu and Convey unto the said
JA ~ K B, HALL 'and CYNTHIA A. HALL,
of a County of Denton , ~tatc of Texas all that certain
tr ct or parcel of land situated in the S. C. Wright 5urvey~ Abstract
l3 Denton County, •Texas~ being out of the Southeast corner of a
~ce tain 160 acre .FIRST TRACT deeded by W, T, Hall,•Sr., et ux, to W. T. Hall, Jr, on March l~, 1~5~ as recorded in volume 38b, Page 114,
De d Records~of said County, and being more particularly described as
fo lows: . BEGINNING at a, steel pin in the middle of a public road at the Sauth-
ea tcorner of • said S. C; •~r~.ght Survey, which '~.s ~ the Southwest earner
of the Davis Survey, Abstract 356.; the Nor~thwes•t corner of the T ~ P ~Ra lroad Cv, Survey, Abstract' ~.2~Z, ..and the •Northeas•t corner of the
Bun Survey, Abstract 132, s:~.me being the Southeast corner of said FIRST . . T.~ . ; . ..1,,..
THENCE West with the middle of said road and South line of said
Su vey and sai~. 'l6U acre • tract a0~, ~ feet to a stee~.~ pin; . THENCE•~N, 1 ~ l9' E, ~~3S.7Z feet to a steel pin; .
THENCE East 500.E feet to a steel pin~on the East Line of said
Wr 'ght Surrey end, said 160 acre tract.; .
THENCE S, 1 19' W, 43~,7Z feet to the place of beginn~,ng, contain in in all~5►000 acres of~land.
Th s conveyance is subject to outstanding ..and existing easements,
re tric,tions and reservat~.ons,
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' 7'0 HAVI~ AND T'0 AD~,D the above described .premises, tagether with all and singular, the 'rights and
app enances thereto in anywise belonging unto the said JACK B. HALL and CYNTHIA A. HALL,
th it
heixs and assigns forever; and we: do hereby bind ourse~.~Ves, our
~ ' heixs executors and administrat'ars, to Warrant and Forever Defend all and singular the said premises unto the ~
said .JACK ~B. HALL and CYNTHIA~~A.~ H~LL,their
4 ~ ' N r N w.1 rr b.l w a~ w w w w r~ ~r Iw r r r V w r n w M w r w w ~ r u ♦ r ww w w r w•. w w r Iw ww r w rr hews and assign, against .every person
whomsoever lawf idly claiming, or to claun the same, ar aay part
f a ~ M ~ w wa .w rr C h M r w w w w r F.r ww w r r ww w w r r .M ~ r 1+ r~ My yw r
there f: ~ , ~ ~ ~ ~ ~ _ , _ h
Witness our hand s ~ at Denton, Texas ~ this ~~th ~ day of
Agri ~ , A.D,19 7 5
Witn es a't' Request of Grantor:
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Ac~rroWLEDCmENT , . s•
STATE ~F TEXAS, ~ , BEFORE ME, the undersigned authanty,
CO OF.~._. DENTON
in an far said County, Texas, an this day personally appe~urect.:.... w ~ : T~..... HALL y JR~. ,~and..~wi f e , DOROTHY
HALL ~ ......~..~........_~.~.~..........~..~......~..._.........~..~...,w......~.....~....._...~..,..................~.....~_ ..............~...,~~_~~.........,...~~._~.._...........w.._...
kna to me to be the p~xsora~............whose name.....arC...........subscn`bed to the foregoing instrument, and acknowledged to me that
...,.fir' e' y~l'ti~'' ~.~~lie'rsa~ie• •fox the purposes and consideration therein ressed
.a~, •.f.~.; ;BAND AND SEAS, OF OFFICE, This... ..~y of.,..~. .r11,,........~........ A.D, 19...~ 5..
f r~t vn t M ~7ury"~S~J~',~ .Denton
a~ ;i)7s~ ~ Notary ~~b~~,....a .................~......»....................,...............~...l+0unt~, 1e~
l } s' l..,~er~~, .i,, ~>~y~~tt~~r=r-}y 8 '^,1,fri';~. 11Iy Cammiss~an Expzr+es June .....................r....w................~......, 19w......~.r
i, i7 ti' ~^~r n ,~~~~y,~ i~a: Atau11 V !Y ~DV~NT
.ri ~~t=r n r~ Y, .a. .~.~~.Sll
' ~~7.7y~.r"' J~•• BEFORE ME, the undersygned autharlty, . '
~n d for said ~Cou~t}~F Teaas~ ;oA tb~ day ~ersanally appeared.~...~.
' .......~.._................................................,......,..................................w.~.............................~......................................................
kno .to. me to be the person..~.w...whase name...........,....,......,w.....subsrzibed to the farcgniug. instrument; and acknowledged to me that
.he..........executed the same for the purposes and consideration therein expressed. ~ ~ .
GIVEN UNDER MY SAND AND SEAT, OF OFFICE, This............ .day af A.D. 19............
TT ~i{. ............r.....»............
Y,
' Notary Rublick ~:.................G~aiw~y, Tcaas~.~t
My Commission Expires rune 19............
' CORPORATIQN ACKNOWLEDGMENT
E S .1. ATE OF T~~.AS, , . BEFORE ME, the undersigned authority,
ao o~.~....~....._.~..~....m.~..._....~~..~.....~..~
in d fox said Colsnty, Texas, on this day personally appeared ...................M......~............~.............~............~...~.......~.........~.................................~...
.~...~.~.....~..Y...........~........~.........................~........~..~..._.....~ known to ma to be the person and aff~cer
wh a name is subscribed to the foregoing i~astrument and acknowledged to me that the same was tb.e act•of the said
a c rparation, and that he executed'the same as the act of such corporation far the purposes and consideration therein expressed, and in
the capacity therein stated, '
GIVEN UNDER MY H,Al1'D AND SEAT{ OF OFFICE, This..........~............day af_ A.D. t9.......~...
~Ia.S,)
Notary Public,...... .........County, Texan
. Mq Commission Expires rune 14............
~ . S,1 A.i ~ ~ ~F 1 , • rr............~m.~...~.....~...~.....~
CD OF.........~ Co my Clerk af,~the County Court of said County, do hereby t~xtify that the foregoing instrument of writing dated an the
day of~...~.»..~........, A.D, 19...:...., with its Certificate of Authentication, was filed for retard in my office
an the ............_...:.dap of..... A,D. 19.......»., at"..._...~...a'rlack,.....,~....~...3~[., and was duly recorded tb;s..........,~... . .
da of A.D, 19......._..., at.~.,...............a'clork....,..~.....~.......M,, in the Retards of said County, in Val-
' e..... .....:........r..........., on pages...~..~.~...........».............~..
WITNESS my band and seal of the County Court of said County, at my office in........~..~.,..~.»...
.~.......,.,.,,~,.~......,.....~...~....~,......._,.~.......~.w....~.........~.~..:.,.M..~......~...the day and gear last above written,
Clerk County Caurt.,....~......._..... ................._..~.................~m.~......County, Teems
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After recording retul~. to: s:lour dacumentslmiscellaneous1101annexationslthomas & fenny hall non-annexation agreement,doc Jen~.l~fer Wa1te~'s
City Secretary
215 E. Mcl~inney CHAPTER 212 TEAS LOCAL GGVERNMENT CaDE Denton, T~ 76201
NGN-ANNE~ATI4N 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 Thomas Kent Hail & Penny
Yvonne Hall ~"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 5.00 acres of Land, more or less, situated in the Samuel C. Wright
Survey, Abstract No. 1366, Denton County, Texas, with an undivided one
half ~~/2} interest being conveyed and described in that certain warranty
Deed dated March 8, 2001 from Dorothy Hall to Thomas Kent Hall and
Penny Yvonne Hall, filed for record on March 13, 2001 and recorded in
Volume 4793, Page 223 6 of the Real Property Records of Denton County,
Texas; and the other undivided ane~half ~1/2} interest in the said 5.00 acre
tract of land, more or less, being conveyed to Thomas Kent Hall and Penny
Yvonne Hall and described in that certain Deed dated August 15, 2006 from
Dorothy B, Hall, as Successor Trustee of the William T, Hall, Jr. and
Dorothy B. Hall Revocable Hall Revocable Living Trust under Trust
Agreement dated March 7, 1994, filed August 16, 2006 and recorded in
Instrument No. 2006100817 of the Real Property Records of Denton
County, Texas. Said 5.00 acres of land, more or less, is commonly known
as DC~1D Property ID 23Z46~.
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 far ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and
WHEREAS, 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
1
s:lour dac~mentslmisceIlaneous1101anne~atianslthomas & penny hail non•annexation agreement,doc
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;
NGw, TEEREFGRE, in consideration of the mutual covenants contained herein,
the Parties hereto agree as follows:
Section 1. Continuation of ETJ Status, The City guarantees the continuation of
the extraterritorial status of the Property and agrees not to annex the Property for the term
of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed
upon by the Parties, subject, however, to the provisions of this Agreement,
Section 2. Deyelo meat Plan. The Owners covenant and agree that use of the
Property for the term of this Agreement and any extensions agreed to by the Parties shall
be limited to farmWrelated and ranchWrelated uses and customary accessory uses, and
single-family detached farm or ranch dwellings, provided that no singleWfamily dwelling
may be located or constructed on a lot smaller than five ~5} acres. The property owner
may apply to the City for division of the land subj ect to this Agreement into parcels, each
of which is at least five ~5} acres in size, for the purposes set forth in this section without
being in violation of this Agreement. Such uses and activities constitute the development
plan for the Property in satisfaction of Tex, Lac. Gov't Code section 212.172~b}.
Section 3. Governin~Re ulations., The following City regulations shall apply to
any development of the Property, as may be amended from time to time, provided that
the application of such regulations does not result in interference with the use of the land
for agricultural, wildlife management or forestry purposes and does not prevent the
continuation of a use established prior to the effective date of this Agreement and which
remains lawful at the time the Agreement is executed:
~ 1 } Zoning standards contained in the Denton Development Code
~"DDC"}, as amended pursuant to The Denton Plan, 1999-2020, as
amended, including but not limited to the (RD-5} Zoning District
regulations, and standards incorporated therein
~2} The subdivision and development regulations contained within the
Denton Development Code, as amended, together with applicable
Design Criteria Manuals including construction, drainage, site design,
solid waste, transportation, tree protection standards, and
waterlwastewater}, Denton Mobility Plan and other approved Master
Plans of the City of Denton, Texas, and the North Central Texas
Council of Governments Standard Specifications for Public works
Construction, North Central Texas, 3rd Ed.199S (NCTCOG Manual};
2
s:lour documentslmiscellaneous1101annexationslthomas & penny hall non-annexation agreement.dae
~3} Denton building codes, as contained within Denton Code Chapters 17,
28 and 29, and DDC Subchapter 24, adopting;
a. International Building Code, 2006 Edition with local
amendments;
b, International Residential Code, 2006 Edition with
Appendix G and local amendments;
c, The International Fire Code, 2006 Edition with local
amendments;
d, International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with local
amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local
amendments.
j. National Electric Safety Cade, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code
§~28-383 - 437 and §~17-141 - 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code ~§28-441- 457; and
m. Moving Buildings, Denton Code §§28-326 375;
~4} Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
~5} Applicable water and wastewater connection, construction and on-site
operation requirements, contained within Chapter 26 of the Denton
Code of ordinances, as amended, and Subchapters 16 and 21 of the
DDC, as amended, the Denton ~JVater 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 duality, 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
3
s;~aur dacumentslmiscellaneousllOlannexationslthomas & penny hall non-annexation agreement.doc
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 planing, drilling and production standards, as contained in
X35.16.19 and subchapter 22 of the Denton Development Code, as
amended and as applicable, and as supplemented by requirements of
the Texas Utilities Code, the Texas Natural Resources Code, the Texas
water Code, and applicable administrative standards of the Texas
Railroad Commission and Texas Commission on Environmental
Quality, as amended.
Section 4, Develo ment Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 1 So calendar days thereafter, or until the effective date of the
annexation and permanent zoning of the Property, whichever first occurs. The Parties
covenant and agree that the City may deny any development application or plan of
development that is submitted to the City for the Property during such period if such
application or plan is inconsistent with the Development Plan, The Gwners expressly
waive any vested rights that might otherwise arise under local or state law, or by common
law, from the submittal of such inconsistent development application, The 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 ofthe l So-day period during which the Development Plan is in effect.
Section 5, Agreement Deemed Void in Part; Voluntary Annexation.
~A} If an Gwner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the
Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall
thereupon become null and void.
~B} Thereafter the City may initiate annexation of the Property pursuant to
Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary
annexation of land as may then exist. Uwners 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 o days written notice of this
Agreement to the prospective purchaser or grantee. A copy of the notice shall be
forwarded to the City at the following address:
City of Denton, Texas
4
s;lour documentslmiscellaneousll Olannexationslthomas & penny hall non-annexation agreement,doc
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, T~ 76201
Section 7. Recordin .This Agreement is to run with the Property and be recorded
in the real property records, Denton County, Texas.
Section 8. Severabili ,Invalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
Section 9. Remedies, This Agreement maybe enforced by either Dwner or the
City by any proceeding at law or in equity, Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Owner waives no rights as to matters not addressed in this Agreement.
Section 10. Chan e in Law. No subsequent change in the law regarding
annexation shall affect the enforceability of this Agreement or the City's ability to annex
the properties covered herein pursuant to Section 4,
Section 11, Venue, Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multi le Co ies, This Agreement may be separately
executed in individual counterparts and, upon execution, shall constitute one and same
instrument.
Section 13, Term and Extension. The initial term of this Agreement shall be for a
period of five ~5} years from the Effective Date the "Term"~. The Effective Date of the
Agreement shall be the date the Agreement is executed by the City. The Term may be
extended upon mutual agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall
survive termination of this Agreement, together with any other provisions, as may be
necessary for the implementation of those sections,
The Parties hereto have executed this a reement as of g
owners ~
r
omas Kent Hall
Penny Yv e all
5
s:lour doc~mentslmtscellaneausll0lannexationslthomas & penny ~a~l non-annexation agreement,doc
THE CITY OF DENTON, TEXAS
~y.
Cxty Manager, Deputy City anager, or
Designated Representative
TI-~ STATE OF TEXAS }
COUNTY OF DENTON } This instrument was acknowledged before me on the ~ day of ~~,gJ~
2010, by Thomas Kent Full.
P,~~I, ti~ ~4~.~*~~ '*ti~~~~
~ ANNA ~~1~; N~A~A.., ; ' ~ r I~~ (7
P Natpry Public,
~.....,.C4~m` ~xp,, p3- ~ 3- ~
Notary Public, State of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acknowledged before me on the day of ~..~~.ad",
2010, by Penny Yvonne HaII,
,wwv\r~dtiww
'r ,,~~1 hill ♦~.~`~1~~+,ti~~~titi . ~~a~¢~ii ~;~{;~~ANNA M, MAGANA ;
,~~`:a No~ar ~`~,,.~yr y Public, z,"v~.~,~~~~i` s~U'~ Qf iQAas ~.JIh.J~~,.,r, 1/'V\, r
~►~11111N`~ m
~ ."Public, State of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was ackno d ed before ~rne on the ~of
,20~ by , ~ City
eager eputy City ManagerlDesignated epresentative, on behalf of the City of Dento ,
xas,
,~~'n~A~Y ~ tar Pubs' , State of Texas w N Notary 1'ubl~c, State of Texas y
My commissiar~ Expires °f~'',;!°„`+;+``'' December 19, 24~ 0
s:lour documentslmiscellaneousltglannexationslthomas & penny hall non-annexation agreement,doc
APPRQ~ED AS T4.LEGAL ~aR:
ANITA,BURG~SS, CITY ATTORNEY .r'`
J_ r ~ '
r . _
B Y. ~,w.._-.---
.nl~„ti, o .
~i
7
,
ftel• retarding return to:
Jennifer Walters
City S ecl•etary 215 E, McKinney
CHAPTER 2I2 TExAS LUCAL GOVERNMENT CURE Denton, T~ 76
201 NUN-ANNExATIUN AGREEMENT
This Agreement is ente~•ed into pursuant to Section 212,172 Tex, Local Gov't Code by
and between the City of Denton, Texas the "City"} and William T, Hall,lrl and Cynthia
J. Hall ~"Owners"}, the prope~•ty owners of the hereinafter described property the
"Property"} in Denton County, Texas, sometimes individually or collectively refen•ed to
as "Pasty" ar "Parties":
All that certain lot, tract or parcel of land situated in the S,C, Wright Survey,
Abstract No, A-1366, Denton County, Texas, and being 5,000 acres, more or less,
described in that Wan•anty Deed to William T, Hal1,111 and wife, Cynthia J, Hall,
recorded February 1 1977 at Document ID 2917, Volume 522, Page 729 of the
Real Property Records of Denton County, Texas, a copy of which is attached
hereto as Exhibit A, Said 5,000 acres, more or less, is commonly 1~11own as
DCAD Property ID 64432,
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
jurlsdlct1o11 ~"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
cun•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 rs their lntentron not to develop the
Property during the terns of this Agreement; and
~,I
WHEREAS, Tex. Loc. Gov't Code section 43,035 authorizes a property owner
and a municipality to enter into an agreement pursuant to Tex, Loc, Gov't Code section
212,172 for purposes of retaining land in the municipality's ETJ in exchange for the
property owner's covenant not to develop the property and to authorize the municipality
to apply development regulations not inconsistent with agricultural use; and
WHEREAS, the Parties are desirous of entering into an agreement authorized
under Tex. Lac. Gov't Code section 43.035; and
wHEREAS, this Agreement is to be recorded in the Real Property Records of
Denton County, Texas;
1 ~ ~~1T
New, TI~EREFCRE, in consideration of the mutual covenants contained herein,
the Parties l~.ereto agree as follows;
Section 1, Continuation of ETJ Status. The City guarantees the continuation of
the extraterritorial status of the Prope~•ty and agrees not to annex the Property for the term
of this Agreement, as he~•einafter dehned, and any subsequent renewals as nay be agreed
upon by the Parties, subject, however, to the provisions of this Agreement.
Section 2. Deyeloume, n~, Plan, The Owners covenant and agree that use of the
Property fox• the term. of this Agreement and any extensions agreed to by the Parties shall
be limited to faun-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 constn~cted on a lot snlalle~• 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 t1~e 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 maybe amended from time to time, provided that
the application of such regulations does not result in inte~•ference with the use of the land
for agricultural, wildlife management or forestry pu~~oses and does not prevent the
continuation of a use established p~•ior to the effective date of this Agreement and which
remains lawful at tlae 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, inch~ding 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 tlae City of Denton, Texas, and the North Central Texas
Council of Governments Standard Specifications for Public ~Vorl~s
Construction, North Central Texas, 3rd Ed.1998 ~NCTCOG IVlanual};
~3} Denton building codes, as contained within Denton Code Chapters 17,
ZS and 29, and DDC Subchapter 24, adopting;
a. International Buildin Code 2006 Edition with local g
amendments;
b. Inte~•national Residential Code, 200b Edition with
Appendix G and local amendments;
2
c. The I~~tel•laational Fire Code, 2006 Edition with local
amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Cade, 2006 Edition with local
amendments;
f, International Mechanical Code, 2006 Edition with local
amendments
g. Code of Qrdinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 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
§§25-383 - 437 and ~§17-141 - 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code ~§25-441-- 457; and
n1. Moving Buildings, Denton Code §~25-326 - 375;
~4} Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
~5} Applicable water and wastewater calulection, construction and on-site
operation requirements, contained within Chapter 26 of the Denton
Code of Grdinances, as amended, and Subchapters 16 and 21 of floe
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 duality, as amended;
~6} Applicable Flood Protection, Drainage and 1•elated 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
requirelrlents of the Texas Watel• Code, as amended, Texas Natural
Resources Code, as amended, applicable administrative standards of
the Texas Commission on Environmental Quality, as amended, and
applicable administlative 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
3
the Texas Utilities Code, the Texas Natural Resources Code, the Texas
water Code, and applicable administrative standards of the Texas
Railroad Commission and Texas Cor~.n.ission on Environmental
duality, as amended.
Section 4. Develo n~ent Plan to Remain in Effect. Following termination of this
Ag~•eement for any reason, the Development Plan set forth in Section 2 shall rernain in
effect for a period of 180 calendar days thereafter, or until the effective date of the
azulexation and permanent zoning of the Property, whichever first occu~•s. The Parties
covenant and agree that the City may deny any development application or plan of
development that is submitted to the City for the Property during such period if such
application or plan is inconsistent with the Development Plan. The Owners expressly
waive any vested rights that might otherwise arise under local or state law, or by common
law, from the submittal of such inconsistent development application, The Owners
further agree that no use commenced o~• 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 Ownez• files any application or plan of development for or otherwise
conunences 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 tl~e City may initiate annexation of the Property pursuant to
Tex. Loc, Gov't Code subchapter Cyl, or other such other provisions governing voluntary
a~ulexation of land as may then exist, Owners expressly and il~evocably consent to
a~u~exation 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 procedu~•es for an annexation plan, as required by Tex. Loc. Gov't Code section
43,052, or successor statute,
Section 6. Notice of Sale. Any person who sells or conveys any portion of the
Property shall, prior to such sale or conveyance, give 30 days written notice of this
Agreement to the prospective purcllase~• or grantee. A copy of the natice shall be
forwarded to the City at the following address;
City of Denton, Texas
ATTN; Director of Planning and Development
221 N. Elm Street
Denton, T~ 76201
Section 7. Recordin ,This Agreement is to ran with the Property and be recorded
in the real pt•operty records, Denton County, Texas.
4
Section 8. Seyerability, Invalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect,
Section 9, Remedies, This Agreement maybe enforced by either Owner or the
City by any proceeding at law or in equity. Failu~•e to do so shall not be deemed a waiver
to enforce the provisions of tlais Agreement the~•eafter, Entry into this Agreement by
Owner waives no ~•ights as to matters not addressed in this Agreement,
Section 10, Change in Law, No subsequent change in the law regarding
antlexation 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 Ag~•eement shall be in Denton County, Texas,
Section 12. Execution in Multi le Co ies, This Agreement may be separately
executed in individual counterparts and, upon execution, shall constitute one and same
instzl~ment,
Section 13, Te~•m and Extension, The initial term of this Agreement shall be for a
period of five ~5~ years from the Effective Date the "Teen"}, The Effective Date of the
Agreement shall be the date the Agreement is executed by the City, The Term maybe
extended upon mutual agreement of the Pa~•ties.
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,
f The Parties hereto Dave executed this agreement s of ~ , 2010,
Owners
4 r 4 ' i
William T. Hall, III
t ~
Cynt pia J, Fall
THE CITY OF DENTON, TEAS
By'
City Manager, Deputy City Manager, or
Designated Representative
5
THE STATE QF TEXAS }
CQL~NTY flF DENTIN }
This instrument was acl~aowledged before me on the day of January, 2010, by William T. Hall, III.
~N,
,~`t~,, J~NNIFFf~ ~~L~A~ f ; m ; ~ Notary ~'~~biic, 5tat~ ti# Texas
M Cora ~ Y mission Expires
~~''+r;r~ii'`~`y N~Vert~~Pr ~ a~ ~ o Public, tate of Texas s:~: , ~rrk~,:
THE STATE OF TEXAS }
COUNTY OF DENTUN } i1'
This instrument was acl~nowledged before me on the day of January, 2010, by
Cynthia J. Hall,
~ ~ ``~ti~ip,Yh~+rr+ JNNt~~~ ~~~~I"1~ ~ ~ ~,f~~ Notary public, Stan of Texas - ~w.
,+ti My COmmisSiorl ~cpiro5 ~ h
~ i~' ~ ota Publi ~ State of Texas
THE STATE OF TEXAS }
COUNTY aF DENTIN }
This instr ent was a l~awle ged before me on Ihe~r~ gym......-~~ ~ of Ja ry, 20I , by
Ci Manag rl eputy Ci
Manager) e ignated Re resentative, on behalf of the City of Denton, Texas,
r
~w°~~~~r AG~a,
>~rf~~ J~NN~~~R K, WA~~~(~S ~ Notary ~u~I1c, State ' ' 4f Texas f
, ~~o~~~ ~V ~ar~~nlas~ar~ ~xplrea Y ~ ~II ' N t ublic date of Texas
""`H~ APPROVED AST - ~
ANITA BURGES S, CITY ATTORNEY
- ~ n~~~ .w ale-."
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Cy ..Y.tw.w.. ..rr._.TV,,,,., w.~ F"q n . r . ,tea. ~.-.y ' e
I ' I , ~ ~ A•95--~VA~tRA?~~`Y bEED--.With Ccn~ral and Corpoialian AclrnawieAgrac~ta ' _ ' ~ I~iARTI~ Stationtry Ga,~ I?atiae
1 ~E STATE TE~,A. ~ ' S, r~
Dl~ T ~~now Ail I~en By These ~re~en~. ~ County of NON •r~i~..~~.a.k~......•...a.~n,.~r~...,.u,,.~~s.s.,•~a~,
I
i ,wl ft
xhat WE, WILLIAM T, HALL, JR. and rife, DORQTHY RDSE HALL
I a N~ .
~ 1 t
i of the County of Demon , State of Texas far Fwd in cansideratiou of ~ ' i
j ~ ~ rrw raewr Mw..wwr wrrwrwrr r, wart rw Mw/rwwrwrrr wwrwr•w I ~ the sum of 'TDN ANTI Nd/ 0 0 - - r ' li ~ ~
I i ~ rw wwr ww ww.~. w..w«an.. rr rwr a rr.. wrw..wrp r rrtrrrwwrr..w rrrr } ~ (,~~o. oo) r ~o~~ARs t
and other goad and valuab~.e consfdexat~.ons r
WILLIAM T, HALL III and wa.fe CYNTHIA J ~ ~ to us in d paid by ~ , HALL, here~.nafter~cnown as Grantees, the xecexpt of tah~.ch
a.s hereby
fully acknow~.edged ~ ~ t
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~ t{ ~ ~ ~ .
E
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~ have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Canvey unto the said
' Grantees
of the Gaunt of Denton State of Texas Y , alb that certain _ . A11 that certain tract ox parcel. of land situated "in the S, C, wr~.ght ~
_
Survey, A~1~6~, Denton County, Texas, bung out a£ a certa~.n 160 FIRST TRACT descra.bed ~.n a deed from W. T. Hall, Sr., et ux, to T, Ha11,
Jr,, an March 10, 195 and recorded ~.n ~'ol, 38C, p, 11.4, Deed Records
~ i of said County, and bung maze part~cu~.ax~.y descra.bed as follows ; ~
' ' DEGINNrNC at a steed; pin ~.n a public road an the South ~.~.ne of sa~.d Wrxght Survey at a paint west 500,0 feet from the Southeast cornex
of
said 160 acre tract;
TRENCH West Frith the South l~.ne of saa~d tract and of saz,d Survey in
j ; ~ said road 500, 0 feet to a steed, p~.n;
1 i TRENCH ° 19' ~ ~ , ~ 1 ~ N E, 435.72 feet to a steel p~.n, ~ i I
~ THENCE Hast 500.0 feet tv a steel p~.n; ~ ,
THENCE S. 1° 19' W. 45,72 feet to the place of beginning, cvnta~.nxng
~.n all 5.000 acres of sand
1 i ,
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t ~ ~ i ~ ~
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. «M ;'`'T^~rS 7^^.'~~r^C'~rq^Ter~n=^n/4+"N+yq'ry~•~`.•.~~,.,,,,y.~,r~„~.a '
E i
THiS CONVFyANCE iS SUBJECT TO THH FOLLQ~VING; '
~ . VDI. ~~G~ !
Outstanding and exxstl.ng building and use rest:xictions, ,easements and mineral reservations of record in Denton
County, Texas, ,1. 1ti`,'!'r
z. Any portion of the captioned pxaperty fall.a.ng with~.n '
the boundaries of any road, stxeet or highway+
3+ Granteets assumption of the payment of taxes far the year 1.977 • • ,
• y.riwwn.+++Mn~tirn yr r. r.. ti~w. ..a. y • Vr .•r.r.wY«.~..rw•.ti.wy~..r.~•.w~F.w••«ry~«t'~~Y'*,•*,,,,,w.nw~
ww.~rynw.w'r~4~.+rMn,.~.M1...,ww.mm.,Frryl.i+~•~rrN~~r r~T./
Ta HAVE AND ~'0 ~I~~,D the abavc described premises, together with all and sin lax ~ ri is and
~ ~ ~ appurtenances, tliereta iu anywise belauging unto the said '
i r
Grantees, their
heirs acid ass~gus~forever; and ~~e da hereby bind ourselves, our
heirs executors and adtninistrato 1
~ : rs, to Warxant and Tarever Defend a>i and singular the said preuatses a~nta the said
Grantees, their
'
I• F
heirs acid assigns, against every person whomsoever la~fuliy claiming, or to claim the sauce, ar any part
thereat, ~ ,
• i 1
~ Witness our hands at Denton, Texas this ..ti day a~
• Febxuary , AIDr I9 77
i J Witiaesses at Request of Grantart /,/r
!••Mr•1/r•r1..•r•r•r111i/lrr1ar 11./!1.11r.•/•1•.r•..1 /•r.1.r•tan rlrll 1 • /l~4 ' i rr 1.1•rrrl r•rl...ir1 t •11.1•• •1i1 • •.1lrlrrl.n••r1rr1•r•/.11•r
' 1~~.x1~.ain ~''1 Kal1~, J~
•bHUfYlblq rq•rHn1.. H1•N\Rub.grHr1NH11lIHyauglrlbu4ulrurlr 11r1rgprr N/ + rr•..r1rlrrrrl rarlr.rl,lr~•+r.~r[~lJfir.li.r.....1.ns.s...Jl.rrrr.ill.n....rl ls..r 1/•f.frr../.........
f l~ n 1 .rl.r rrrr .~.~1rr.rrr.rl..vs...r...• ~ ~arathy •I~a~,rl~all
r•rr1•.r./arnrrrrli rllr1.rr..•1rrrlr.•.!r•../Inrr•11.•..r1.•.•1r.rrli/.rlrrrr r•a r.•.Irllr/r.rr
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1 •11 i ~ lw
m ACKNO~vL~nG~rsi!~
I 1 ~ DENTON $$BORE Mti, Wn w~detaigned authority, G4UNxY a~..Lnll.lnlnnl.«H.H11r1LLruH.ll„l..«rl•1111.H11.1~ .
or said~• 11~~p 1n~p ~j ~(~(~y~~y~ ,n~~~LLIT' HAIL, JR. and wife ~n and ~ younty, xex P+7, V11 th1S daY persanaliy appeared.m IHHHIIn~rrHn..'p«.,1/H,IIrSln1./11,.11nn111,~
,Hlnnlnnn111,..u1..IHnH..~n,1111..1,n1n1„nr,
/.n111a•11•MIHHr.nn«I11ar1.lr1rHlryn H•rnln•r11.11111111•H~•nnrrlnOROTH~'11i~•O~J,I.nH~~f~In/nn1an1111Nnn«r1M.wwwnl 1 ~ . NnWr«IMlnnln1111111IA•111Mn1MrIHH11n1r//Irnnlr«HH
1
1i1 nIH•NHHNI/HIHH«n1.««.y.nlwn~111Nn11~•«««1.,H«•...1•«.n«•«n«1n1Hn~11H««11111 1 nisi «1.11y 11111.«wH111H/11/Innis HH~ 11rrIHNMr•H r"«IH1« 111nnHH«w1n1H1/1.1.111nnrHH1H«rlrrr1111rMn1NM
kn}Eo+wn tome to be ;he perso . name.S .,•~;x~n...,,.,~„subscribed to tl~e foregoing i~trument, and a~cnotvledged to me that .h7i1Hy[11111.eXecuted pp 1
" 1 ~+,Q~.i;+~~~p and consideration kherew expressecll . ~SV$N YJND n~r'~A AND''s~ ~ 0~~p 1~1'~~rya{, m~~l7~~ day ofrl.«r..,, ig * A~ii!'~ irraJ11h1qu
wlHllM««•y nng11r1n InH1.INprllnnlHnnll, AI DI IlingrrHlN
/Y • 1~~ J'J/~ ' + , 1 ....«11. ~ r Hnllrl !~1 «1i/rIHN~J1/i~11nHn11.«1«n.«Hr" ~
6 ~ : ~ 1 r' c~aotYn E1 sates rotary Pablic~ Denton
1 ~(/r+~+ r Na~ary Pub~Eo NM.~.IIH,II/n111HMM11n MINn1NHn1wIH..•nl.N.nlinlnH..Yyllilty~ ~{•A{3.) ~ ~~,'h+ ~IRtbo COUM1IyI ~OKeI p+++~+ ~r C~afiral~SlcM1
EKQI111 ~
{1 Q~ peta~►r zo, l~l~ My Commissiott Expires runellM~,...nn.11,.,n.l,....,~n.n.,.,l»,N~,.,19,1„,IIN,n ~ . ~w•.+ rww.u..~r-FV N+rw.u...ru w~.~ .~.r a. w.n
♦r..• tiwy-.--,~wr~nN w~11+~•+.~+w~.wr.'M Vw~~r.W r4•r•I.s~r.•~1nr.y.wwrnMww..,~,+..N~yll+rww.k~lw w•.. .r ..wnW
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C ~ ~ iiii # ~t q3 q ~ o = i ~ 1 ~ ,i,,._._.~,~. ~ ~ v~ ~ a b E-+f s H~ ; ~ p o ~ L~ ~~1~ I ~~il,iil:~
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~"~Y~""'~~^'~+~+w+11w+►.4Mn M'wMwN+NM.t+1~~w+Ylµ,.wtli;lFaW~L~=Y►]~:':•3f ~ 4"_.~x3ii. ~~'S1~t ".ft.!~~',S{5{,1F ',■~y1~M ~CF~Lt `tk
ti I ' FILED F4;~ R C RD..~,_ Y QF A,D, 1977, at ~ ~ ~
RECD~D~D~, DAY 0 ,D d ~ 19 MARY ]0~ 1~TLL, COU TY CLERK, DENT CQUNTY, TEXAS. ~ _
' ' BY; DEPUTY,
. ~ ~ .w4rwvwwar,r~ vrr.nhne.tr.~i~y~'4;~~.+.-.-:r..T;: AA...~y~yy ♦+~w ~.N/.f 13ALfyJ Ny~n.~54~~1~f'~.~ .~~i~PlWM'+OVIJy*wt~~~w'r'
f ~ 1
~ I ~ L 'i 4
1 ~
~n_-..~ ~•:tS~Li-~'i ~'Y:=w.-~~.:y"r4tTFl+►intr.lYpe4.~iN.V+itM+d~xS7RfMU.C~P~11ViF:ryr,W w.NrwN~rAr+4MVp~+TIhf4~rriN`+y!...s.~.~wr.~lawrwyrawwww'"~.wr4
~ ~ ~ ~ ~ •I' ~ ~
~ ~ r 1~ 5' ~ r~
~ + ~ ~ ~ ,rf ~
+ ~ ~ ~ ~ v ~
t~~ Pi ~ ~r ~ ~ ' ~ '
t av^Nt r'.1.i.ay,ww.~..y:-~.~'..~`•w'-...i ' ic.i:.~?.~_:Y.~~_~~Y~+.I~..'..~i~+ate:Swlatal:rw^':rrailLhy~st~p;~~ ti . •~.~~kti~~ ^ ei:S.-- -ids,iSa:a7i~~J `
i..r • r ~ a.
. .
After recording return to: s:laur doct~mentslmiscellaneousllOla~~nexationsldorothy b. hall-w.t, l~al1, jr, non~annexation agreement-115 ac.doc Jennifer Walters
City Secretary
21.5 E. Mcl~inney Demon, TX 762D 1
CHAPTER ~1Z TEXAS LOCAL GOVERNMENT CURE
NON-ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and
between the City of Denton, Texas the "City"} and Dorothy B, Hall, Individually and as Trustee
of the W,T. Hall, Jr. Share B T~~ust - Gwner ~"owners"~, the property owners of the hereinafter
described prope~~ty the "Property"~ in Denton County, Texas, sometimes individually oa.•
collectively referred to as "Panty" or "Parties";
Being 115 acres of land, naore or less, situated in the D. Davis Survey, Abstract No. 356, Denton.
County, Texas, and being more fully described in that ce~~tain Warranty Deed dated March 7,
1949 from L.L. Higgs and wife, Effie Higgs to W.T, Hall and wife, Mamie Hall, filed for record
on March 8, 1949 and recorded in Volume 349, Page 546 of the Real Property Records of
Denton County, Texas,
SAVE & EXCEPT; 1,0 acre of land, more or Less, situated in the D. Davis Survey,
Abstract No, 356, Denton County, Texas, and being more fully described in that certain
Warranty Deed with Vendor's Lien dated July 7, 1986 from William T. Hall, Jr. and
wife, Dorothy Hall to Richard S. Rafes and wife, Tommye Lau Rafes, filed for record on
July 9, 19$6 and recorded in Volume 1926, Page 954 of the Real Property Records of
Denton County, Texas. Said 1.0 acre of land, more o~• less is commonly known as DC~4~
P~^operft~~ I~ 131514.
Additionally SAVE & EXCEPT; 5.000 acres of land, more or less, situated in the D,
Davis Survey, Abstract No. 356, Denton County, Texas, and being more fully described
in that certain Warranty Deed dated October 28, 1988 from Nettie Belle Betty} Foster,
Jessie Jackie} Havenl~ill, NI. T, I~le1n, Jr. and Betty 1~. Nol~nan to W. T. Hall, Jr,, filed
for record on November 29, 1988 and recorded i~a Volume 2492, Page 460 of the Real
Property Records of Denton County, Texas. Said 5.D00 acres of land, more or less is
commonly known as CAD Prape~~ty ID 1555.
Additionally SAVE & EXCEPT; 42,41 acres of land, mo~•e or less, situated in the D,
Davis Survey, Abstract No, 356, Denton County, Texas, and being more fully described
in that certain Wara.•anty Deed dated February 2,1996 from William T, Hall, Jr. and wife,
Dorothy B, Hall to North Texas Research Institute, filed for record on February 13,1996
and recorded in Instrument Number 96~RDDD9769 of the Real Property Records of
Denton County, Texas. Said 42,41 acres of land, more or less, is commonly known as
D CAD Prop e~^ty I~ 184 755.
The remaining 66,59 acres of land, more or less, is commonly l~n.own as .DCAD
Prap e~ty ID 3 6641.
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
~~~T
1 ~
,7-----, I . IN ....m 1111
s:laE~r docunlentslmiscellaneous1101annexatioi~slclarathy b. ball-~v,t. l~al1, jr. non-annexation agreement-115 ac,dac
WHEREAS, Gwners desire that the Property remain in the City's extraterritorial
~urlsdxet~on ~"ETJ"} far the term of this Agreement;
WHEREAS, Owners and the City acknowledge that this Agreement between them is
binding upon the City and the Gwners and their respective successors and assigns for the term of
the Agreement;
WHEREAS, the Denton County Appraisal District ~•ecords show that the Property
cun•ently is appraised for ad valozem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23,C, D, or E; and
WHEREAS, GWNERS represent that it is their intention not to develop the Property
during the term. of this Agreement; and
WHEREAS, Tex, Loc. Gov't Code section 43,35 authorizes a prope~•ty owner and a
municipality to enter into an agreement pu~•suant to Tex, Loc. Gov't Code section 212,172 for
purposes of retaining land in the municipality's ETJ in exchange for the 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 43.35; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1, Continuation of ETJ Status. The City guarantees the continuation of the extrate~~ritorial status of the Property and agrees not to an~lex 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. Deye~o~m.ent Phan, The Owners covenant and agree that use of the Property
far the teen of this Agreement and any extensions agreed to by the Parties shall be limited to
farm-related and ranch-related uses and customary accessory uses, and single-family detached
fa~•m or ~•anch 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~•poses set forth in this section without being in violation of this Agreement. Such uses and
activities constitute tl~e development plan for the Property in satisfaction of Tex. Loc. Gov't
Code section 212,172~b},
Section 3. Goyern~n~Re ul~tons. The following City regulations shall apply to any
development of the Property, as may be amended from tune to time, provided that the
2
a
s;lotir docllmentslmiscellaneousll Olatulexationsldorathy b. hall-~v.t. ball, jr. non-annexation agt•eement-315 ac,doc
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 p~•event the continuation of a
use established prior to the effective date of this Agreement and which remains lawful at the time
the Agreement is executed:
~1} Zoning standards contained in the Denton Development Code ~"DDC"}, as
amended pursuant to The Dento~a Plan,1999W2020, as amended, Including but
not limited to the ~RD-5} Zoning District x•egulations, and standards
incol~orated therein
~2} The subdivision and development regulations contained within the Denton
Development Code, as amended, togethe~• with applicable Design Criteria
Manuals including const~•uction, drainage, site design, solid waste;
transportation, tree protection standards, and waterlwastewater}, Denton
Mobility Plan and athe~• approved Master Plans of the City of Denton, Texan
and the Not~th Central Texas Council of Governments Standard Specifications
for Public worl~s Construction, North Central Texas, 3rd Ed.1998 ~NCTCUG
Manual};
~3} Denton building codes, as contained within Denton Code Chapters 17, 2S and
29, and DDC Subchapter 24, adopting;
a. h~ternational Building Code, 2006 Edition with local amendments;
b, Interl~ational Residential Code, 2006 Edition with Appendix G and
local amendments;
c, The I~~ter~aational Fire Code, 2006 Edition with local a~a~endments;
d. lntex•national Plumbing Code, 2006 Edition with local ala~endments;
e, International Fuel Gas Code, 2006 Edition with local amendments;
f~ I~lternational Mechanical Code, 2006 Edition with local
amendments
g, Code of ordinances Chapter 17, Denton Property Maintenance
Code, as amended;
h. I~lternational Energy Conservation Code, 20D6 Edition with
regional amendments;
i, National Electric Code, 2005 Edition with local amendments,
j. National Electric Safety Code, 2DD3 Edition, with regional
amendments;
1~, Minimum housing and building standards, Denton Code §~2S-3S3
437 and § ~ 17-141- 210, as amended and as applicable;
1, 1rrlgation Standards, Denton Code §§25-441-~ 457; and
m, Moving Buildings, Denton Code ~~28-326 375;
~4} Sig11 regulations, as contained within Subchapter 15 of the DDC, as amended;
3
s.lour dacumentslmiscel]aneous1101annexatiansldoirothy 1i, ha11-~v.t. ball, jr. i~o~~-a~lnexatia~~ agreement-115 ac.doc
~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 Z 1 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
Enviroiunental Quality, as amended;
~6} Applicable Flood Protection, Drainage and related standards, as contained
within Chapter 30 of the Denton Code, as alnended, 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 Adininisti•atioia, as amended; and
~7} Gas well platting, drilling and productiol~ standards, as contained in §35,1.19 and subchapter Z2 of the Denton Development Code, as alnended
and as applicable, and as supplemented by requirements of the Texas Utilities
Code, the Texas Natural Resources Code, the Texas water Code, and
applicable adiniiaistrative 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, tlae 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
pern~al~ent zoning of the Property, whichever first occurs, The Parties covenant and agree that
tl~e 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, fram the submittal of such inconsistent development
application, The Owners further agree that no use commenced or completed on the Property that
is inconsistel~t with the development plan shall be considered established or in existence prior to
the expiration of the 1 SO-day period during which the Development Plan is in effect,
Section 5. A ieement Deemed Void in Part Vohintar Annexation.
~A} If an Owner files any application or plan of development for or otherwise
con~n.~ences development of any pol•tion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
~B} Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc.
Gov't Code subchapter 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
4
s:la~~r doeumentslmiscellat~eausll0lannexationsldorotl~y b. l~al1-~v.t. lull, jr, nonMannexation agreement-115 ae.doc
under such circumstances, Owners fu~~ther agree that such annexation by the City shall be
deemed volunta~•y, and not subject to the requirements and p~•ocedures for an annexation plan, as
required by Tex. Loc. Gov't Code section 43.52, or successor statute.
Section 6, Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 3D 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 Pla~aning and Development
221 N. Elm Street
Denton, T~ 762x1
Section 7. Recordin ,This Agreement is to run with the Property and be recorded in the
real prope~•ty records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this A eement b 'ud anent or Y J g
count order shall not invalidate any of the remaining provisions which shall remain in full force
and effect,
Section 9. Remedies, This Agreement maybe enforced by either owner or the City by
any proceeding at law or in equity, Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives
no rights as
to matters not addressed in this Agreement,
Section 10. Chan e in Law. No subsequent cl~ange in the law regazding annexation shall
affect the enforceability of tl~is Agreement or the City's ability to annex the prope~~ties covered
herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
I' Section 12. Execution ~n Multi le Co res. This Agreement maybe 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. Su~~vival of Covenants, The covenants in Sections 2, and 4 shall survive
tel~ninatian of this Ag~•eement, together with any other provisions, as inay be necessary for the
implementation of those sections,
The Parties hereto have executed this agreement as of , 2Q1Q.
5
s:lour docutnentsl~l~isceiianen~~sll0lannexatia~lsldorothy U. hall-w,t. i~ail, j~•. non-annexation agreement-115 ac,doc
Owners
Dorothy B, Ball, Individually, and as Trustee
Of the ~william T, Hall, Jr. Share B Trust
THE CITY OF DENTON, TEXAS
By~
City Manager, Deputy City Manager, ar
Designated Representative
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acl~tiowledged before me on the day of ~ ~ ,
2010, by ~william T. Hall, Jr.
~ ,
AY A
11 NOt~~y PIl~IIC ~~~t~ 41 TeX y a ~ 1~ MY C~~iMIS~I ~x~~e~s ~~~~~~r ~ Notary Public, State of Texas
4~
i
THE STATE OF TEXAS ~
COUNTY OF DENTON ~
his instt~um t was aclcn le ge before ~.~e..e~i-gthe day o~ ,20 , by
City Manage IDeputy City Manag rlDesignated
Representativ on behalf of t e City of Denton, Texas.
tart' Pu ic, State of Texas
~``~a~~~`rpy~'~'~ JCNN~~~~ I~, WAI.~'~~5
~ N~t~ry ~'~bllc, Mato of Texas ,r~,~ ~y ~~~r~i~sinn expires
~''~~~r~f,~~4"~g ~~~i~b~~ 1~, 2A1D
6
s;laur documentslmiscellaneausllQlannexatiansldorot~~y ~.1~a11-~v.t. ~~all, jr. na17-annexation agreement-1 l 5 ac.dac
APPRaVED AS TO LEGAL FARM;
ANNA BURGESS~~.GI~'Y~ATT4~ EY
~f
BY. ..s
.ww
I~~
7
s.lour documentslmiscellaneausll~lannexationsldaratl~y 1}, ball-w.t. l~all,jr. ~~on-an~~exation agreement-5 ac,doc
NUw, THEREFGRE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows;
Section 1 e Continuation of ETJ Status. The City guarantees tlae 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
~fa~~m-related and ranch-related uses and customary accessory uses, and singlewfamily 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 paI°cels, 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 Regulatio~~~, 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
agl7cultural, 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
tl~e Agreement is executed;
~1} Zoning standards contained in tl~e Denton Development Code ~"DDC"}, as
amended p~u°suant to The Denton Plan,1999W2020, as amended, including but
not limited to the ~RD~5} Zoning District regulations, and standards
incorporated therein
~2} The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria
Manuals ~IllCludlllg Gollstl°uctlon, drainage, site design, solid waste,
transportation, tree protection standards, and waterlwastewater}, Denton
Mobility Plan and other approved Mastel• Plans of the City of Denton, Texas,
and the NoI•th Central Texas Council of Governments Standard Specifications
for Public worl~s Construction, No~°th Centl°al Texas, 3rd Ed.199S ~NCTCGG
Manual},
~3} Denton building codes, as contained within Denton Code Chapters 17, ZS and
29, and DDC Subchapter 24, adopting;
a, International Building Code, 2006 Edition with local amendments;
b. Ila.ternational Residential Code, 2006 Edition with Appendix G and
local amendments;
c. Tl~e International Fire Code, 2006 Edition with local amendments;
2 r
~:laiu• documentsln~iscellaneot~sllOlannexatio~~sldorotlly b.1~a11-~v.t. ~7all, jr, non-annexation agreetne~tt-5 ac.doc
d. International Plumbing Code, 2006 Edition with local
amendments;
e, I~~ternational Fuel Gas Code, 2006 Edition with local amendments;
f, Il~ternational Mechanical Code, 200 Edition with local
amendments
g. Code of Ordinances Chapter 17, Denton P~•operty Maintenance
Code, as amended;
h, Int~~•national Energy Conservation Code, 200 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local amendments.
j. National Elect~•ic Safety Code, 2003 Edition, with regional
amendments;
k, M1111n1un1 11ous1ng and bullding Standards, Dent011 Code ~~2~-383
- 43 7 and ~ § 17-141-~ 210, as amended and as applicable;
1, Irrigation Standards, Denton Code §~25-441- 457; and
n. Moving Buildings, Denton Code ~§28-32~ 375;
~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended;
(5} Applicable water a~ad wastewater connection, construction and onWsite
operatio~a requirements, contained within Chapter 26 of tl~e Denton Code of Ordinances, as amended, and Subchapters 1 ~ 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 Chapte~• 30 of the Denton Code, as amended, and subchapters 17
through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as
amended, and as supplemented by ~•equirements 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 standa~•ds 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, tlae Texas water Code, and
applicable administrative standards of the Texas Railroad Commission and
Texas Conllnission 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:lou~• docume~~tslmiscellaneausllQla~lt~exat~onslc~arotlly b. ~7all-~~v,t,1~a11, jr. ~~on-annexa~ioti ag~~eement-S ac.dac
permanent zoning of the Property, whicheve~• 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 P~•operty during such period if such application o~• 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 Uwner•s fi~rtlae~• agree that no use cola~nenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
floe expiration of the 1 SO-day period during which the Development Plan is in effect,
Section 5, A reement Deemed void in Part Voluntar A~u~exation,
~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} The~•eafter• the City may initiate annexation of the Property pursuant to Tex, Loc.
Gov't Code subchapter CW 1, or other such other provisions governing voluntary annexation of
land as may then exist, Gwne~•s expressly and irrevocably consent to annexation of the Property
under such circumstances. Owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex, Loc, Gov't Code section 43.052, or successor statute.
Section 6, Notice of Sale, Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee, A copy of the notice shall be forwarded to the City at the followi~ag 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 r•un with the Property and be recorded in the
real property records, Denton County, Texas,
Section 8. Severability. Invalidation of any provision of this Ag~•eement by judgment or
couz•t 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
s:lot~r dacumentslmiscellaneousll Olai~nexationsldo~•othy U. hall-w.t. ball, jt•, i~a~~-an~~exation ag~•eement-S ac.dac
Section Chan e In Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or tl~e City's ability to annex the properties covered
herein pursuant to Section 4.
Section 1 Venue, Venue for this Agreement shall be in Denton County, Texas,
Section l2, Execution in Multi le Co ies, This Agreement maybe separately executed
in individual counte~~az~ts and, upon execution, shall constitute one and same instrument,
Section 13. Tenn and Extension. The initial teen of this Agreement shall be for a period
of five ~5} years from the Effective Date the "Teen"}. 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 l4. Su~~vival 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 this agreement as of , 200,
Owners
Dorothy B. Hall, Individually, and as T~1lstee
Qf the William T, Hall, Jr. Share B Tr«st
THE CITY OF DENTIN, TEXAS
y~ B a `
City Manager, Deputy City anager, or
Designated Representative
THE STATE OF TEAS ~
COUNTY ~F DENT4N }
This instrument was acknowledged before me on the day of } 2010, by ~william T. Hall, Jr.
Notary pi;blic State o1 ~ MY Cp~MlSS10~ ~xp~~~5 ` ~ . a~ . , Maras 2, ~~i ~
~r~ • Notary Public, State of Texas ,h,~ ~r
5
s:lour doc~~mentslmiscellaneousllOlannexatiansldo~•otlly b. l~all~~v.t. ]gall, ji~. non-annexation ag~•eement-S ac,dac
THE STATE OF TEXAS }
CQUNTY OF DENTON }
his instr<.~me was ackno led ed before ine lae ~ .aw day o b Y , ity Manager eputy City Manag (Designated
. Rep esentativ on behalf of th City of Denton, Texas.
y
t y Publi fate of Texas
w~#,y,4ti~av ~~a~~ Jy~P~NI~+y~~[_R 1I~, W~~j~/~~r~' R ~t c+ 4 ~ ~~1Q~ 1 ~11JIi11~ S~~~v VI
~~~~A~ i ,r~~ My ~pr~rniss~on r~~ ~~,~r~ ~~~r~b~r 19, O1 ~
APPROVED AS LE~L ~
ANITA BT~RESS, C,~..T_Y~.ORNE
~ f.
6
After recording return to e
s:la~~r documentsln~iscella~~eousll0lannexationsldorotl~y b. ball-w,t, hall, jr, non-annexation a~~~eement-1 GO ac.doc Jennifer Walters
City Secretary
215 E. McKinney
Denton, T~ 76201
CHAPTER 212 TExAS L[]CAL GOVERNMENT C[~DE
N4N~ANNEXATIaN AGREEMENT
This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and
between the City of Denton, Texas the "City"} and Dorothy B. Hall, Individually and as Trustee
of the W,T, Hall, Jr. Share B T~~ust - Gwner ~"Uwners"}, the property owners of the hereinafter
described property the "Property"} in Denton County, Texas, sometimes individually or
collectively referred to as "Pa~•ty" o~• "Parties";
Being 160 acres of land, more or less, situated in the Samuel C. Wright Survey, Abstract No.
1366, Denton County, Texas, and being more fully described in that certain Assumption
Warranty Deed dated March 10, 1953 from W,T, Hall, Sr, and wife, Mamie Hall to W.T, Hall,
Jr. and wife, Dorothy Hall, filed for record on March 28, 1953 and recorded in Volume 386,
Page 114 of the Real Prope>_•ty Records of Denton County, Texas,
SAVE & EXCEPT; A 5,000 acre tract of land, more or less, situated in the Samuel C.
Wright Survey, Abstract No. 1366, Denton County, Texas, and being more fully
described in that certain Warranty Deed dated April 24, 1975 from W,T. Hail, Jr, and
wife, Dorothy R. Hall to Jack B, Hall and Cy~~thia A. Hall, filed fo~• ~•ecord on April 30,
1975 and recorded in Volume 743, Page 92 of the Real Property Records of Denton
County, Texas. Sand 5.00 acres of land, more or less, is commonly known as DCAD
P~^ope~ty ID 64431,
Additionally SAVE & EXCEPT; A 5 , 000 acre tract of land, more or less, situated in the
Samuel C. Wright Survey, Abstract No, 1366, Denton County, Texas, and being more
fully described in that certain Wa~~anty Deed from William T, Hall, Jr. and wife, Dorothy
Rose Hall to William T. Ha11,11I and wife, Cynthia J. Hall, filed for ~•ecord on February
16, 1977 and recorded in Volume 822, Page 729 of the Real Property Records of Denton
County, Texas. Said 5.04 ac~•es of land, more or less, is commonly l~nown as DCAD P~~operty ID 64432.
Additionally SAVE & EXCEPT: A 5.00 acre tract of land, more or less, situated in the
Samuel C. Wright Survey, Abstract No, 1366, Denton County, Texas, with an undivided
one-half interest being conveyed and described in that certain Warranty Deed dated
March 8, 2001 from. Dorothy Hall to Thomas Dent Hall and Penny Yvonne Hall, filed for
record on March 13, 2001 and recorded in Volume 4793, Page 2236 of the Real Property
Records of Denton County, Texas; and the other undivided one-half ~~/2} interest in the
said 5.00 acre tract of land, more or less, being conveyed to Thomas Kent Hall and Penny
Yvo~ane Hall and described in that certain Deed dated August 15, 2006 from Dorothy B.
Hall, as Successor Trustee of the William T. Hall, Jr, and Dorothy B. Hall Revocable
Hall Revocable Living Trust under T~~lst Agreement dated March 7, 1994, filed August
16, 2006 and recorded in lnstl•ument No, 2006-100817 of the Real Prope~•ty Records of
Denton County, Texas. Said 5,00 acres of land, more or less, is commonly known as
DC.~.D Property ID 232464.
~~W~~T d
1 ~
IW-
s,lour doc~~mentslmiscellanenusllUlan~~exatioj~slcla~•athy b. hall-~v.t. ball, jr. nnn-annexation agreement-160 ac,dac
Additionally SAVE & EXCEPT; A 5,00 acre tract of land, more or less, situated in the S.
C. Wright Survey, Abstract No. 13GG, Denton County, Texas, and being more fully
described in that certain warranty Deed dated Gctober 31, ZOOG from Dorothy B, Hall,
T~~,~stee of the W.T, Hall, Jr. Share B Tn~st and Dorothy B, Hall, Individually to Janet
Hall, filed for record on November 2, 200G and recorded in lnstn~ment Number 20oG~
135298 of the Real Prope~~ty Records of Denton County, Texas. Said 5,00 acres of land,
more or less, is commonly known as DCAD P~oper~ty ID 304420,
The remainder of the 1G0 acres of land, more or less, and less that portion lying in
roads, is commonly known as DCAD P~~ope~ty ID 64425.
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 te~~1 of this Agreement;
WHEREAS, Uwners and the City acl~lowledge that this Agreement between them is
binding upon the City and the Gwners and their respective successors and assigns fo~• the term of
the Agreement;
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex, Tax Code chapter 23.C, D, 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 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;
NGW, THEREFGRE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows;
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extratenritorial status of the Property and agrees not to annex the Property for the term of this
s
s:lou~• dacume~~tslmiscellat~eaus1141a~~tlexatiojlslda~~athy ball-~v.t. ball, j~•. ~~an-annexatiai~ agreeme~~t-160 ac,doc
Agreement, as hereinafter defined, and any subsequent renewals as maybe ag~•eed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2, Development Phan, The Owners covenant and agree that use of floe Property
fo~• the te~•m of this Agreement and any extensions agreed to by the Parties shall be limited to
farm-related and ranchWrelated uses and customary accessory uses, and single-family detached
fa~~1 or ranch dwellings, provided that no single-family dwelling maybe located or constructed
on a lot smaller than five ~5} acres. The prope~.~ty 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 tl~e Prope~~ty in satisfaction of Tex, Loc. Gov't
Code section 21 Z.172~b},
Section 3 , Govet~.ing Re ula~~ons. 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 intezference with the use of the land for
agricultural, wildlife management or forestry purposes and does not prevent the continuation of a
use established prior to the effective date of this Agreement and which remains lawful at the time
the Agreement is executed:
~l} Zoning standards contained in the Denton Development Code ~"DDC"}, as
amended pursuant to The Denton Plan,1999-2020, as amended, including but
not limited to the ~RD-5} Zoning District regulations, and standards
incox~aorated therein
~2} The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria
Manuals ~~ncluding 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
far Public worl~s Construction, North Central Texas, 3rd Ed.1998 ~NCTCOG
Manual};
~3} Denton building codes, as contained within Denton Code Chapters I7, 28 and
29, and DDC Subchapter 24, adoptinga
a. I~~ternational Building Code, 2006 Edition with Local amendments;
b. Intet~national Residential Code, 2006 Edition with Appendix G and
local amendments;
c. The I~~ternational Fire Cade, 2006 Edition with local amendments;
d, International Plumbing Code, 2406 Edition with local
an~end~a~ents; `
e. Inte~•national Fuel Gas Code, 2006 Edition with local amendments;
f, h~ternational Mechanical Code, 200b Edition with local
amendments
3
s:lour dacumentslmiscellaneous1101a~~nexationsldo~•otl~y b, l~all-~u.t. hall, jr. non-annexation agreement-1GD ac,~oc
g, Code of ordinances Chapter 17, Denton Property Maintenance
Code, as amended;
h, hlternational Energy Conse~~vation Code, 2006 Edition with
regiona amendments;
i, National Electric Code, ZDOS Edition with local amendments.
j, National Electric Safety Code, 2003 Edition, with regional
amendments;
l~. ~ Minimum housing and building standards, Denton Cade §§28383
- 437 and § ~ 17~ 141- 210, as amended and as applicable;
1, Irrigation Standards, Denton Code §§25-441-- 457; and
m, Moving Buildings, Dentan Code §§28M326 375;
~4} Sign ~•egulations, as contained within Subchapter 15 of the DDC, as amended;
~5~ Applicable water and wastewater connection, constr~xction and on~site
operation requirements, contained within Chapter 26 of the Denton Code of
ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended,
the Denton water and wastewater Criteria Manual, as amended, and as
supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and
applicable administrative standards of the Texas Commission on
Environmental Quality, as amended;
~6} Applicable Flood Protection, D~•ainage and x•elated standards, as contained
within Chapter 30 of the Denton Code, as amended, and subchapters 17
through 19 of the DDC, as amended, the Denton Drai~aage Criteria Manual, as
amended, and as supplemented by ~•equirements 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 subchapte~• 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, anc~
applicable administrative standards of the Texas Railroad Commission and
Texas Commission on Environmental Quality, as amended,
Section 4, Develo ment Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for
a period of 1 SO calendar days thereafter, or until the effective date of the annexation and
permanent zoning of the P~•operty, 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, o~• by common law, from the submittal of such inconsistent development
4
s:l(3t11' doCllIl1ellts~Tlllseellaneo~1s~101aI11~exati011s~dol'thy b, hall-~v,t. hal1, jr. non-annexation agreement-16Q ~c,dac
application, The Owners further agree that 11o use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 1 SO-day period during which the Development Plan is in effect.
Section 5. A reexnent Deemed Void in Part Voluntar A~ulexation,
~A} 1f 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
pz"ovided in Section 2, sections 1 and 3 of this Agreement sha11 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. Qwners expressly and irrevocably consent to annexation of the Property
under such circumstances, owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex, Loc. Gov't Code sectio~143,052, or successo~• 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
fallowing address;
City of Denton, Texas ATTN; Director of Planning and Development
221 N. Elm St~•eet
Denton, Tx 7G201
Section 7. Recordin .This Agreeme~lt is to run with the Property and be recorded in the
~•eal propez•ty records, Denton County, Texas,
i
Section S. Seyerability. Invalidation of any provision of this Agreement by judgment o~
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect,
Section 9. Remedies. This Agreement play be enforced by either owner or the City by
any proceeding at law or i11 equity. Failure to do so shall not be deemed a waiver to enfo~"ce the
p~•ovisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as
to matters not addressed in this Agreement.
Section 10, Cl1an 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.
5
s:lour doeumentsltx~iscellaneousll~lannexationsldorotl~y b. lla~l-ti~v.t. l~all, jr. non-annexatiotl agreement-1 GO ac.dac
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. Tern and Extension, The initial term of this Agreement shall be for a period
of five ~5} years from the Effective Date the "Tenn"}, The Effective Date of the Agreement
shall be the date the Agreement is executed by the City. The Term nay be extended upon
mutual ag~•eement of the Parties,
Section 14. Survival of Covenants, The covenants in Sections 2, and 4 shall survive
te~~llination of this Agreement, together with any other provisions, as maybe necessary for the
implementation of those sections,
The Patties hereto have executed this agreement as of , 2ol0.
owners
Dorothy B, Hall, Individually, and as Trustee
~f the Gilliam T, Hall, Jr, Share B T~•ust
THE CITY OF DENTC~N, TEAS
By;
City Manager, Deputy City Manager, or
Designated Representative
E
THE STATE CAF TEXAS ~
COUNTY ~F DENTON ~
i
This xnstzument was acl~.~owledged before me on the day of ~ ,
Zo t o, by V~illiam T, Hall, Jr.
~
~ ~4~ Notary p+tblic State of Tex . ca~+t~+sstnN ~x~~~~~ Notary Public, State of Texas a .
~~ql~ pF t~+p ~~i'Ch x~1 ~
~
s:lnur docume»tslmiscellaneo~s1141an~iexatioi~sldorotlly b. ball-~v.t. Dail, j~•. Moil-annexa~ia~~ agreement-164 ac,doc
THE STATE OF TEAS ~
COUNTY OF DENTON
his instru pit was acl ow d ed before me,~n ~~he da o ,2~'~ , b
Y y w, _ f ity Mana erlDeputy City Mana rlDesignated
Rep~resentati ~ an behai of he City of Denton, Tex -
y
a,,,~~a~'~f~ 4~, tart' Pub , State of Texas
~~~t e~~~~(~1~;ii0C`r ~;4~#!~'~~ Frrfd~dS dF'~r~Y' ~~~~~hJ~l ~
r lEll1,1_
APPROVED As To LEO-AL FORM:
ANNA BURGF~S-S~.C~'TY ~.T~TORNEY
r~~ -
I
i
7
After recording return to
Jennifer welters
City Secretary
215 E, Mcl~inney
Denton, T~ 76201
CHAPTER 212 TEAS LOCAL GQVERNMENT CODE
NGN~ANNE~ATIGN AGREEMENT
This Agreement is entered into pursuant to Section 212.172 Tex, Local Gov't Code by and
between the City of Denton, Texas the "City"} and Jean Ann Harris ~"Owners"}, the property
owners of the hereinafter described property the "Prope~•ty"~ in Denton County, Texas,
sometimes individually or collectively referred to as "Party" or "Parties":
Being 10.DDD acres of land, more or less, situated in the Gibson Myers Survey, Abstract
No, S43 and the A, Miller Survey, Abstract No, SS7, Denton County, Texas, and being
more fully described in that certain warranty Deed with Vendo~•'s Lien dated May 24,
1994 from Eagle Farms, Inc. and John Porter Auto Sales, Inc. to Joe Burton Harris and
wife, Jean Ann Harris, hied for record on June S, 1994 and recorded in Instrument
Number 94~RD046325 of the Real Property Records of Denton County, Texas, Said
1 D.DDO acres of land, more or less, is commonly l~nown as DC~4D P~ope~ty ID 173423.
WHEREAS, the City has given notice of its intent to institute annexation proceedings for
the P~•operty 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 aid 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
dozing the teen of this Agreement; and
WHEREAS, Tex. Loc. Gov't Cade section 43.D35 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 net inconsistent with agricultural use; and
WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex.
Loc. Gov't Code section 43.D35; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas,
1~T
1
i
NOw, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows;
Section 1. Continuation of ET1 Status, The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of dais
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
fa~•m-related and ranch-related uses and customary accessory uses, and single-family detached
fa~•rn. 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 far division of the
land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the
purposes set forth in this section without being in violation of this Agreement. Such uses and
activities constitute the development plan for the Prope~~ty 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 interfere~ice with the use of the land for
agricultural, wildlife management or forestry pu~•poses and does not prevent the continuation of a
use established prior to the effective date of this Agreement and which remains lawful at the time
the Agreement is executed:
~1} Zoning standards contained in the Denton Development Cade ~"DDC"}, as
amended pursuant to The Denton Plan,1999-2424, 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 ~xncluding 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 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, International Residential Code, 2446 Edition with Appendix G and
local amendments;
c. The International Fire Code, 2406 Edition with local amendments;
2
d. International Plumbing Code, 2006 Edition with local
amendments;
e, I~~ternational Fuel Gas Code, 2006 Edition with local amendments;
f, Inte~•national Mechanical Code, 2006 Edition with local
amendments
g. Code of Ordinances Chapter 17, Denton Property Maintenance
Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local amendments,
j. National Electric Safety Code, 2003 Edition, with regional
amendments;
k, Minimum housing and building standards, Denton Code ~~28-383
- 437 and § ~ 17-141--- 210, as amended and as applicable;
1. Irrigation Standards, Denton Code § X28-441 457; 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 onMsite
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 C~•iteria 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 ala~ended;
~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 Cade, as
amended, Texas Natural Resources Code, as amended, applicable I!,
administrative standards of the Texas Commissian on Environmental Quality,
as amended, and applicable administrative standards of the Federal
Emergency Management Administration, as amended; and
~7} Gas ~Vel1 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 Enviro~nnental Quality, as amended.
Section 4, Develo n~ent Plan to Remain in Effect. Following termination of this
Ag~.•eement 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
pel~.nanent zoning of the Property, whichever first occurs, The Parties covenant and agree tha:~
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 co~~nmon law, from the submittal of such inconsistent development
application. The Owners fii~•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
the expiration of the 1 SD-day period during which the Development Plan is in effect.
Section 5. A reement Deemed Void in Part' Voluntar Annexation.
~A} ff 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, Lac.
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 P~•operty.
under such circumstances. Owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex, Loc. Gov't Code section 43.052, or successor statute,
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee, A copy of the notice shall
be forwarded to the City at the
following address:
City of Denton, Texas
ATTN. Director of Planning and Development
221 N. Elm Street
Denton, TX 762Df
Section 7. Recordin ,This Agreement is to run with the Prope~•ty and be recorded in the
real prope~•ty records, Denton County, Texas.
Section 8, Severability. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect,
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
I-
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 ~ 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, Term 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 tl~e 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
te~~nination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections,
Tl~e Parties hereto have executed this agreement as of ~ , 2410.
ners r w
.~J an Zn rris
T E CITY QF DENTIN, TEXAS
~
B' y.
City Manager, Deputy City Manager, ot• Designated Representative
THE STATE OF TEXAS ~
COUNTY OF DENTC}N ~
This instrument was acl~nowledged before me on the . ~ day of
2010, by Jean Ann Hai~is.
Public, State of Texas
5
THE STATE ~F TEXAS ~
COUNTY ~F DENT4N ~
This Instru nt was acl owe ed before tne{onM~~e clay o ~ ,Z~~, by
1VIan gerlDeputy City Manag rlDesignated
Representati on behalf o the City of Denton, Te
~~,,,,~,,;,P~~~ o ary Pubs ,State of Texas
ti4~+gP~Y~~yrf~, J~~~NIF~~ ~1 WAI.~~I~S ,~~p/, Ib``hFF 1Y~t~~y ~4l~~~C, ~~X~5 1 ~ ~ ~41~111'~1~~~~~1 ~ i~b►~
1 A K `l py r A } G7 ~ ly fl"'
APPROVED AS T~ LEGAL FARM;
ANNA BURIES S; . CT~~ ~AT~T~! EY
~~r~
_ ...~r .r .w~
'r~,.i rl '~a W .
P
rr r
i
I
i
I
i
After recording return to;
Jennifer Walters
City Secretary
215 E, N1cI~inney
Denton, T~ 76241
CHAPTER Z12 TExAS LOCAL GOVERNMENT CODE
NON~ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Section 212,172 Tex, Local Gov't Cade by and
between the City of Denton, Texas the "City"} and Joey and Daphne Hurst ~"Gwners"}, the
property owners of the hereinafter described property the "Property"} in Denton County, Texas,
sometimes individually or collectively referred to as "Party" o~• "Parties";
Being Lot 1, Blocl~ A, Williamson Estates, an Addition to Denton County, Texas,
according to the map or plat thereof recorded in Cabinet L, Slide 278 of the Plat Records
of Denton County, Texas, and conveyed in that certain Wa~~ranty Deed with Vendor's
Lien dated March 3, 1999 from Jeffrey R, Goff and Mary Amanda Goff to Joey Wayne
Hurst all~la Joey Hurst and Daphne D, Hurst, filed for record on March 4, 1999 and
recorded in Volume 4289, Page 2139 of the Real Property Records of Denton County, I
Texas. Said Lot 1, Blocl~ A, Williamson Estates is commonly l~nown as DCAD P~ope~~y
ID 173015,
WHEREAS, the City has given notice of its intent to institute annexation proceedings for
the Prope~°ty in acco~•dance with Tex, Loc. Gov't Code ch, 43; and
WHEREAS, Gwners desire that the Property remain in the City's extraterritorial
jurisdiction ~"ETJ"} for the term of this Agreement;
WHEREAS, Owners and the City 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 reco~•ds show that the Property cu~~.•ently is appraised for ad valorem tax purposes as land for agricultural
or wildlife
management use, o~• 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 Prope~•ty
during the te~•m of this Agreement; and
WHEREAS, Tex. Loc, Gov't Code section 43.435 authorizes a property owne~° 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 autl~orize 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;
~ !T
1 ~
NOw, THEREFGRE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status, The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Developrent Plan. The owners covenant and agree that use of the Property
for the term of this Agreement and any extensions agreed to by the Pa~•ties shall be limited to
farm-related and ranchwrelated 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 ~S} 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 tl~e Prope~•ty, as may be amended from time to time, provided that the
application of such regulations does not result in interference with the use of the land for
agricultural, wildlife management or forestry purposes and does not prevent the continuation of a
use established prior to the effective date of this Agreement and which remains lawful at the time
the Agreement is executed;
~1} Zoning standards contained in the Denton Development Code ~"DDC"}, as
amended pursuant to The Denton Plan,1999-020, 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 constll~ction, d~•ainage, site design, solid waste,
transpo~•tation, tree protection standards, and waterlwastewate~•}, 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, hlternatio~aal Building Code, 2006 Edition with local amendments;
b. International Residential Code, Z00~ Edition with Appendix G and
local amendments;
c. The International Fire Code, 200 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 1Vlaintenance
Code, as amended;
l~, International Energy Conse~•vation Code, X006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local amendments.
j. National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code §§28-383
437 and §§17-141 X10, as amended and as applicable;
1. Irrigation Standards, Denton Code §§28-441 457; and
m. Moving Buildings, Denton Code §§Z8w326 375;
~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended;
~5} Applicable water and wastewater connection, construction and on-site
operation requirements, contained within Chapter 26 of the Denton Code of
ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended,
tl~e Denton Water and wastewater Criteria Manual, as amended, and as
supplemented by the Texas water Code, as amended, Texas Natural
Resources Code, as amended, Texas Utilities Code, as amended, and
applicable administrative standards of the Texas Commission on
Environmental Quality, as amended;
~6} Applicable Flood Protection, Drainage and related standards, as contained
within Chapter 30 of the Denton Code, as amended, and subchapters 17
th~•ough 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 sta~adards 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, tl~e Texas Natural Resources Code, the Texas water Code, and
applicable administrative standards of the Texas Railroad Commission and
Texas Commission on Envi~•o~~nental Quality, as amended.
Section 4, Develo ment Plan to Remain in Effect. Following termination of this
Agreement fo~• any reason, the Development Plan set fo~•th 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
pex•manent 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 du~•ing 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, oz• by common law, from the submittal of such inconsistent development
application. The owners fu~~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
the expiration of the 18o-day period during which the Development Plan is in effect.
Section 5. A reement Deemed Void in Part voluntar Annexation.
~A~ ff an Owner files any application or plan of development for or otherwise
commences development of any poz•tion of tlae Property inconsistent with the Development Plan
provided iza. Section 2, sections 1 and 3 of this Ag~•eement shall thereupon become null and void.
~B} Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc,
Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of
land as may then exist. Gwners expressly and i~•revocably consent to annexation of the Property
under such circumstances, owners fux•ther ag~•ee that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures far an annexation plan, as
~•equired by Tex. Loc. Gov't Code section 43.052, or successor statute.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this
Agreement to the
prospective purchaser or grantee, A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Directo~.• of Plalrning and Development
221 N. Elm Street
Denton, T~ 76201
Section 7. Recordin . Tlais Agreement is to nln with the Property and be recorded in the
real prope~'ty records, Denton County, Texas,
Section 8, Seyerability. Invalidation of any provision of this Agreement by judgn~.ent 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. Failu~'e to do so shall not be deemed a waiver to enforce the
provisions of this Ag~•eement thereafter. Entry into this Ag~•eement by Owner waives no rights as
to matters not addressed in this Agreement,
4
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 1~, Execution in,,Multple Copies, T11is Agreement maybe separately executed
i~1 individual counterparts and, upon execution, shall constitute ane 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 ~tl1e "Tet~11"}, 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
tez~nination of this Agreement, together with any other provisions, as maybe necessary for the
implementation of those sections,
The Parties hereto have executed tllis agreement as of ~ , 2010,
owners
~
Daphne Hurst
THE CITY QF DENTUN, TExAS
By~
City Manager, Deputy City Manager, or
Designated Representative
THE STATE OF TExAS ~
COUNTY OF DENTON ~
µ r This instrument was acknowledged before n1e on the day of ~
2010, by Joey Hu~•st.
~~Y pU HITS A~ IC ~ 1
~'c+ Np4~CV Public St&t~ K~la~~ ~ ~ • MY Cs~~M15~lOW ~
~~rob Notary Public, State of exas
5
THE STATE OF TEAS }
COUNTY OF DENTON }
This instrument was acla.~owledged before me on the day of ,
2010, by Daphne Hurst.
oa~~~ A! Ti A~ i ~ Notary pt~bilc Stata of Tee ~ i ~ ~
' MY Cp~hMl~514N ~XpIRF~ ~o~ 2fli ~ A ~
Notary Public, State of exas
THE STATE OF TEAS }
COUNTY OF DENTON }
This instru ent was acl wle ge beforer~ae~ ~on the ~ da o Za b ~ Y ~ ay
~ City Mana rlDeputy City Manage ~IDesignated
Representati on behalf of le City of Denton, Texas:
r,
,,,'~x WAI~~E~S o ry Pub~~ , State of Texas
4~y~~~p, ~ e 9+~~r a My ~~r~~~i~~it~~ ~~plt~~
d~~ ~ l~E~~ff~k~~~ ~ ~ 'p~I ~ rt+ .,,r..
APPROVED AS TC~,~~C~AI~F ~
ANITA B~.TRG~S S, CITY ATTO
,f Mµ.. .
U
After recording return to;
Jennifer wafters
City Secretary
215 E. Mcl~inney
Denton, T~ 76201
CHAPTER 212 TEXAS LGCAL GGVERNMENT CGDE
NGN~ANNEXATIDN 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 Joey and Daphne Hurst ~"Owners"}, the
property owners of the hereinafter described property the "Property"} in Denton County, Texas,
sometimes individually or collectively referred to as "Party" or "Parties";
Being 3~.00~ acres of land, more or less, situated in the A, Miller Survey, Abstract No.
887, Denton County, Texas, and being more fully described in that certain warranty
Deed with Vendor's Lien dated N.f ay 3, 1994 firom Eagle Farlaas, Inc., and Jahn Porter
Auto Sales, Inc. to Joey Hurst and Daphne Hurst, filed for record on May 5, 1994 and
reco~•ded in Instrument Number 94-R~~36941 of the Real Property Records of Denton
County, Texas, Said 30,~4~ acres of land, more or less, is commonly l~nown as DC.AD
Prope~~y I~ 173429.
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
jlu•isdiction ~"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 tlae 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 valo~•em 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 dais Agreement; and
WHEREAS, Tex, Loc. Gov't Code section 43,435 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code sectian 2120172 for
purposes of retaining land in the municipality's ETJ i~a 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;
T
1
WE mmmmmw
NSW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
ext.°aterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the
Parties, subject, however, to the provisions of this Agreement. .
Section 2. Develo meat Plan, The Uwners covenant and agree that use of the Property
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm-related and ranch-related uses and customary accessory uses, and single-family detached
fax•~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 Ag~•eement into parcels, eacl~ 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 Property in satisfaction of Tex, Loc. Gov't
Code section 212.172~b},
Section 3. Governingulaions. The following City regulations shall apply to any
development of the Property, as may be amended from time to tune, provided that the
application of such regulations does not result in interference with the use of the land for
agricultural, wildlife management or forestry purposes and does not prevent the continuation of a
use established prior to the effective date of this Agreement and which remains lawful at the time
the Agreement is executed:
~1} Zoning standards contained in the Denton Development Code ~"DDC"}, as
amended pursuant to The Denton Plan,1999-2020, as amended, including but
not limited to the ~RD-5} Zoning District regulations, and standards
incorporated therein
~2} The subdivision and development regulations contained within the Denton
Development Code, as amended, togetl~er with applicable Design Criteria
Manuals including const~•uction, 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 Specification
far Public worl~s Construction, North Central Texas, 3rd Ed.199S ~NCTCGC~
Manual};
~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and
29, and DDC Subchapter 24, adapting;
a, I~lternational Building Cade, 2006 Edition with local amendments;
b, International Residential Code, 200G Edition with Appendix G and
local amendments;
c, The International Fire Code, 2006 Edition with local amendments;
2
d. I~1tezaational Plumbing Code, 2006 Edition with local
amendments;
e. I~~te~•national Fuel Gas Code, 2006 Edition with local amendments;
f, lnte~•national Mechanical Code, 2006 Edition with local
amendments
g. Cade of Ordinances Chapter 17, Denton Property Maintenance
Code, as amended;
h, International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local amendments.
National Electric Safety Code, 2003 Edition, with regional
amendments;
l~, Minimum housing and building standards, Denton Code ~§28-383
437 and ~ ~ 17y 141- 210, as amended and as applicable;
1. Irrigation Standards, Denton Code §§28-441- 457; and
m. Moving Buildings, Denton Code §~25-326 - 375;
~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended;
~5} Applicable water and wastewater con~~ection, const~•uction and onWsite
operation requirements, contained within Chapter 26 of the Denton Code of
Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended,
the Denton water and 'Wastewater Criteria Manual, as amended, and as
supplemented by the Texas Water Code, as amended, Texas Natural
Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on
Environmental Quality, as amended;
~6} Applicable Flood Protection, Drainage and related standards, as contained
within Chapter 30 of the Denton Code, as amended, and subchapters 17
through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as
amended, and as supplemented by requirements of the Texas water Code, as
amended, Texas Natural Resou~.•ces 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 Z2 of the Denton Development Code, as amended
and as applicable, and as supplemented by requirements of the Texas Utilities
Code, the Texas Natural Resources Code, the Texas water Code, and
applicable administrative standards of the Texas Railroad Commission and
Texas Commission on Envirolu~~ental Quality, as amended,
Section 4. Develo meta Plan to Remain in Effect. Following te~•mination 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
permanent zoning of the Prope~•ty, whichever first occurs. The Pa~•ties covenant and agree that
the City may deny any development application or plan of development that is submitted to the
City for tl~e 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, o~• by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 1 SO~day period during which the Development Plan is in effect.
Section 5, A reement Deemed Void in Pa~•t~ Voluntar Annexation.
~A} ~f an Owner files any application or plan of development for or otherwise
commences development of any portion of tl~e P~•operty inconsistent with the Development Plan
provided in Section sections 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 annexatio~a of the Property
under such circumstances. owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the ~•equi~•ements and proceduz•es for an annexation plan, as
required by Tex, Loc, Gov't Code section 43.052, or successor statute,
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee, A copy of the notice shall be forwarded to the City at the
following address;
City of Denton, Texas
~ATTN: Director of Planning and Development
221 N, Elm Street
Denton, T~ 76201
Section 7. Recordin ,This Agreement is to run with the Property and be recorded in the real prope~•ty records, Denton County, Texas,
Section 8. Severabity. Invalidation of any provision of this Agreement by judgment or
cou~•t order shall not invalidate any of the remaining provisions which shall remain in fill force
and effect,
Section 9. Remedies. This Agreement maybe enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waive~• to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Gwner waives no rights as
to matters not addressed in this Agreement.
4
Section 10, Change n,,Law, No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 1, Venue, venue for this Agreement shall be in Denton County, Texas,
Section 12, Execution in N~ulti~le, ,Copies. This Agreement maybe separately executed
in individual counterparts and, upon execution, shall constitute one and same inst~,~ment.
Section 13, Term and Extension, The initial term of this Agreement shall be for a period
of five ~5} years from the Effective Date the "Term"}, The Effective Date of the Agreement
shall be the date the Agreement is executed by the City, The Term may be extended upon
mutual agreement of the Parties,
Section 14, Survival of Covenants. The covenants in Sections 2, and 4 shall survive
termination of this Agreement, together with any other provisions, as maybe necessary for the
implementation of those sections.
The Pa~•ties hereto have executed this agreement as of c~ y , 2010,
~wnez•s
0 f
r r
Daphne Hurst
THE CITY CAF DENTC~N, TEAS
~y~ ,
City IVlanager, Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS }
COUNTY OF DENTIN }
r~
This instrument was acl~.aawledged before me on the da of Y s 2010, by Joey Hu~4st,
. ~ ~ ~ ~ ,
SpPY n~~, 4 ' r
~4; Notary Public State~~~fR ~ Nota Public State of Texas
"~P ~v co~~a~~stio~ A ry s
~~"k~ 5 ~ ~ 1,
THE STATE OF TEAS ~
COUNTY OF DENTON ~
This inst~#ument was acl~~owledged before ine on the day of ,
10, by Daphne Hurst,
~ r
~ of x~ ~ ~ ~ Nptary Pii~lic State of Text
' MY G~~N~►~~ss~a~a Notary Public, State of Texas p"ask o ti~~' ~I~~~lt 2~ ~~13
~
THE STATE OF TEAS ~
COUNTY OF DENTON ~
his ~nstrum t was ac1~t1 iedged before me~~~~r~h-~ da ,ZO~ b Y Y
Mana erlDeputy City N~anag rlDesi ated } ~
Rep esentativ on bel~alf of e City of Denton, Texas,
~ e
o ary Pu ~c, State of Teas
t►~~+tiY pry►+~i v~`~~,p~` `y~~f~' ~~~11ta, ~~t~ ~0X8s N~t~~y
MAY ~►~~r,~~i~~l~r~ ~~~~r~~
_ .
i
APPRovED As...TO
ANNA BUR.~GESS, CITY ATTORNE
A~
- ~ 6
After recording return to:
s:lour documentslmiscellaneousllOlannexationsl~ose pena non-annexation agreement,doc Jennifer Waters
City Secretary
215 E, Mcl~inney
CHAPTER 212 TExAS LOCAL GGVERNMENT CODE Dentonq T~ 76201
NGN-ANNExATI[lN AGREEMENT
This Agreement is entered into pursuant to Section 212. ~ 72 Tex. Local Gov't Cade by
and between the City of Denton, Texas the "City"} and Jose Alfredo Pena & Silvia Ruiz
Pena ~"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 2.567 acres of land, more or less, situated in the Gibson Meyers Survey,
Abstract Na, 843, Denton County, Texas, and being more fully described in that
certain Warranty Deed dated June 15, 20x6 from Norberto Ruiz and Maria De
Jesus A. Ruiz, husband and wife to Jose Alfredo Pena and Silvia Ruiz Pena,
husband and wife, filed for record on June 16, 2006 and recorded in Instrument
No. 2006-72743 of the Real Property Retards of Denton County, Texas. Said
2.567 acres of land, more or less, is commonly known as DC.~D Prapert~ ID
30899.
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, ar 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 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
1 ~~T
I E!
s:lour documentslmiscellaneous1101annexationsljose penanon-annexation agreement,doc
WHEREAS, this Agreement is to be recorded in the Real Property Records of
Denton County, Texas;
New, THEREFGRE, in consideration of the mutual covenants contained herein,
the Parties hereto agree as follows;
Section 1. Continuation of ETJ Status. The City guarantees the continuation of
the extraterritorial status of the Property and agrees not to annex the Property for the term
of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed
upon by the Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Phan. The Owners covenant and agree that use of the
Property for the term of this Agreement and any extensions agreed to by the Parties shall
be limited to 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 sub j ect to this Agreement into parcels, each
of which is at least five ~5} acres in size, for the purposes set forth in this section without
being in violation of this Agreement. Such uses and activities constitute the development
plan for the Property in satisfaction of Tex. Loc, Gov't Code section 212.172~b}.
Section 3. Governin Re ulations, The following City regulations shall apply to
any development of the Property, as may be amended from time to time, provided that
the application of such regulations does not result in interference with the use of the land
for agricultural, wildlife management or forestry purposes and does not prevent the
continuation of a use established prior to the effective date of this Agreement and which
remains lawful at the time the Agreement is executed;
~ 1 } Zoning standards contained in the Denton Development Code
~"DDC"}, as amended pursuant to The Denton Plan, 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 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 Worl~s
Construction, North Central Texas, 3rd Ed, 1998 ~NCTCUG Manual};
~3} Denton building codes, as contained within Denton Code Chapters 17,
28 and 29, and DDC Subchapter 24, adopting;
a, International Building Code, 2006 Edition with local
amendments;
2
s;lour doct~mentslmiscellaneousll0lannexationsljose pena non-annexation agreement,doc
b. Internatianal Residential Cade, 2006 Edition with
Appendix G and local amendments;
c. The International Fire Code, 2006 Edition with local
amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with local
amendments;
f. International Mechanical Cade, 2006 Edition with local
amendments
g. Cade of Ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;.
i. National Electric Code, 2005 Edition with local
amendments,
j. National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code
§§28-383 437 and §§17-141 _ 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code §§28-441 457; and
m, Moving Buildings, Denton Code §§2$326 375;
~4} Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
~5} Applicable water and wastewater connection, construction and on-site
operation requirements, contained within Chapter 26 of the Denton
Code of ordinances, as amended, and Subchapters 16 and 21 of the
DDC, as amended, the Denton water and wastewater Criteria Manual,
as amended, and as supplemented by the Texas Water Code, as
amended, Texas Natural Resources Code, as amended, Texas Utilities
Code, as amended, and applicable administrative standards of the
Texas Commission on Environmental Quality, as amended;
~6} Applicable Flood Protection, Drainage and related standards, as
contained within Chapter 30 of the Denton Code, as amended, and
subchapters 17 through 19 of the DDC, as amended, the Denton
Drainage Criteria Manual, as amended, and as supplemented by
requirements of the Texas water Code, as amended, Texas Natural
Resources Cade, as amended, applicable administrative standards of
the Texas Commission on Environmental Quality, as amended, and
applicable administrative standards of the Federal Emergency
Management Administration, as amended; and
3
s:lour documentslmiscellanea~s1141annexationsljase pena non-annexation agreement.doc
~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 Cade, the Texas Natural Resources Code, the Texas
Water Cade, and applicable administrative standards of the Texas
Railroad Commission and Texas Commission on Environmental
Quality, as amended.
Section 4. Develo meat Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section ~ shall remain in
effect for a period of 1 SO calendar days thereafter, or until the effective date of the
annexation and permanent coning of the Property, whichever first occurs, The Parties
covenant and agree that the City may deny any development application or plan of
development that is submitted to the City for the Property during such period if such
application or plan is inconsistent with the Development Plan, The Owners expressly
waive any vested rights that might otherwise arise under local or state law, or by common
law, from the submittal of such inconsistent development application, The Owners
further agree that no use commenced or completed on the Property that is inconsistent
with the development plan shall be considered established or in existence prior to the
expiration of the 1 SO-day period during which the Development Plan is in effect.
Section 5, A 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. Owners further agree that such
annexation by the City shall be deemed voluntary, and not subject to the requirements
and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section
43.052, or successor statute.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 3 0 days written notice of
this
Agreement to the prospective purchaser or grantee, A copy of the notice shall be
forwarded to the City at the following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, Tx 76201
4
s:lour documentslmiscellaneous1101annexationsljose penanon-annexation agreement,doc
Section 7. Recordin .This Agreement is to run with the Property and be recorded
in the real property records, Denton County, Texas,
Section Seyerability. Invalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect,
Section 9. Remedies, This Agreement may be enforced by either Cwner or the
City by any proceeding at law or in equity, Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
owner waives no rights as to matters not addressed in this Agreement,
Section 10. Chan e in Law. No subsequent change in the law regarding
annexation shall affect the enforceability of this Agreement or the City's ability to annex
the properties covered herein pursuant to Section 4.
Section 11, venue, venue for this Agreement shall be in Denton County, Texas,
Section 12, Execution in Multi 1e Co ies, This Agreement may be separately
executed in individual counterparts and, upon execution, shall constitute one and same
instrument.
Section 13. Term and Extension. The initial term of this Agreement shall be for a
period of five ~5} years from the Effective Date the "Term"}, The Effective Date of the
Agreement shall be the date the Agreement is executed by the City. The Term may be
extended upon mutual agreement of the Parties,
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall
survive termination of this Agreement, together with any other provisions, as may be
necessary for the implementation of those sections.
The Parties hereto have executed this agreement as of
owners
Jose Alf do Pena
Silvia Ruiz Pena
5
s;lour doeumentslmiscellaneous1101annexationsl~ase pena non-annexation agreement,doc
THE CITY DF DENTIN, TEAS
By;
City Manager, Deputy City Manager, or
Designated Representative
THE STATE ~F TEXAS }
COUNTY OF DENTON } ~ ,
This Instrument was aeknowled ed before me on the da of 4 ~
g Y 2010, by Jose Alfredo Pena.
~ ~ w~ ~..~uw wn~a:::
f
Notary Pu lic, State of T x
THE STATE ~F TEXAS }
COUNTY QF DENTIN }
This Instrument was acknowledged before me on the day o ,
ZO10, by Silvia Ruiz Pena.
r ~
T N•u
Notary ublic, St to o exas
THE STATE QF TEXAS }
COUNTY 4F DENTCN }
t Thls Instrument was ackno dged before eon the day-~~f
,~o~ by , ~Ity
manager puty City ManagerlDesignated presentative, on behalf o the City of Denton,
~ .
~,,,~~YA~,,,, ~~N~~~~~ ~u~~t~~~ Nary ub ' ,State of Texas
w F~ ~ Natary ~'uk~lia, State of Yens , N1y ~artiwr~lasi~n ~xplres
s:taur documentslmiscellaneousll~lannexationsljose pena non-annexation agreement,doc
APPROVED AS TO LEGAL FORM:
ANZTA BURGESS,~G~TY A~T GRNEY
- ~w~
. .
~ ,r" `
Jr
I
i
7
After recording return to:
s:laur documentslmiscellaneonsllOlannexationslmichael & tammy pritchardnon-annexation agreement,dac Jennifer Walters
City Secretary
215 E, NIcl~.inney
CHAPTER 212 TEAS LGCAL GGVERNMENT CGDE Denton T~ 7G201
NGN-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 Michael P. & Tammy D,
Pritchard ~"Gwners"}, the property owners of the hereinafter described property the
"Property"~ in Dentan County, Texas, sometimes individually or collectively referred to
as "Party" or "Parties",
Being 25.00 acres of land, more or less, situated in the Gibson Myers Survey,
Abstract No, 843 and the A. Miller Survey, Abstract No. 887, Denton County,
Texas, and being more fully described in that certain Warranty Deed dated
February 18,1997 from Mark Gardner and wife, Marilyn Gardner to Michael P.
Pritchard and wife, Tammy D. Pritchard, filed for record on February 19, 1997
and recorded in Instrument Number 97~R0010658 of the Real Property Records
of Denton County, Texas. Said 25,00 acres of land, more or less, is commonly
known as DCAD Property ID 165338 and DCAD Property ID 168336,
respectively.
WHEREAS, the City has given notice of its intent to institute annexation
proceedings far the Property in accordance with Tex. Loc. Gov't Code ch, 43; and
WHEREAS, Gwners desire that the Property remain in the City's extraterritorial
jurisdiction ~"ETJ"~ for the term of this Agreement;
WHEREAS, owners and the City acknowledge that this Agreement between
them is binding upon the City and the Gwners and their respective successors and assigns
for the term of the Agreement;
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and
WHEREAS, GWNERS represent that it is their intention not to develop the
Property during the term of this Agreement; and
WHEREAS, Tex. Loc. Gov't Code section 43,035 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
1 ~~1~1T
l$ 1
s:lour documentslmiscellaneousll0lannexationslmichael & tammy pritchardnon-annexation agreement.doc
WHEREAS, this Agreement is to be recorded in the Real Property Records of
Denton County, Texas;
Now, THEREFQRE, in consideration of the mutual covenants contained herein,
the Parties hereto agree as follows:
Section 1. Continuation of ET1 Status. The City guarantees the continuation of
the extraterritorial status of the Property and agrees not to annex the Property for the term
of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed
upon by the Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the
Property for the term of this Agreement and any extensions agreed to by the Parties shall
be limited to farm-related and ranch-related uses and customary accessory uses, and
single-family detached farm or ranch dwellings, provided that no single-family dwelling
may be located or constructed on a lot smaller than five ~5} acres. The property owner
may apply to the City for division of the land subj ect to this Agreement into parcels, each
of which is at least five ~5} acres in size, for the purposes set forth in this section without
being in violation of this Agreement. Such uses and activities constitute the development
plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172~b}.
Section 3. ~overnin~ Regulations. The following City regulations shall apply to
any development of the Property, as may be amended from time to time, provided that
the application of such regulations does not result in interference with the use of the land
for agricultural, wildlife management or forestry purposes and does not prevent the
continuation of a use established prior to the effective date of this Agreement and which
remains lawful at the time the Agreement is executed;
~1} Zoning standards contained in the Denton Development Code
~"DDC"}, as amended pursuant to The Denton Plan, 1999-2020, as
amended, including but not limited to the ~RD~S} Zoning District
regulations, and standards incorporated therein
~2} The subdivision and develapment 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 Subchapter 24, adopting;
a, International Building Code, 2006 Edition with local
amendments;
2
s;lour documentslmiscelianeousll0lacu~exationslmichacl & tammy Pritchard non-annexation agreemer~t,doc
b. International Residential Cade, 2006 Edition with
Appendix G and local amendments;
c. The International Fire Code, 2006 Edition with local
amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with local
amendments;
f. International Mechanical Cade, 2006 Edition with local
amendments
g. Code of Ordinances Chapter 17, Denton Property
IVlaintenance 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;
Minimum housing and building standards, Denton Code
~~28-383 437 and 17-141 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code § X28-441-- 457; and
m~.. Moving Buildings, Denton Cade ~~28-326 - 375;
~4} Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
~5~ Applicable water and wastewater connection, construction and on-site
operation requirements, contained within Chapter 26 of the Denton
Code of Ordinances, as amended, and Subchapters 16 and 21 of the
DDC, as amended, the Denton Water and Wastewater Criteria Manual,
as amended, and as supplemented by the Texas Water Code, as
amended, Texas Natural Resources Code, as amended, Texas Utilities
Code, as amended, and applicable administrative standards of the
Texas Commission on Environmental Quality, as amended;
~6} Applicable Flood Protection, Drainage and related standards, as
contained within Chapter 30 of the Denton Code, as amended, and
subchapters 17 through 19 of the DDC, as ~ amended, the Denton
Drainage Criteria Manual, as amended, and as supplemented by
requirements of the Texas Water Code, as amended, Texas Natural
Resources Code, as amended, applicable administrative standards of
the Texas Commission on Environmental Quality, as amended, and
applicable administrative standards of the Federal Emergency
Management Administration, as amended; and
3
s;lour documentslmiscellaneausll~lannexationslmichael & tammy pritchardnon-annexation a~reement.doc
~7} Gas Nell platting, drilling and production standards, as contained in
§35.16.19 and subchapter 22 of the Denton Development Code, as
amended and as applicable, and as supplemented by requirements of
the Texas Utilities Code, the Texas Natural Resources Code, the Texas
water Code, and applicable administrative standards of the Texas
Railroad Commission and Texas Commission on Environmental
Quality, as amended.
Section 4. Development Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 1 SO calendar days thereafter, or until the effective date of the
annexation and permanent zoning of the Property, whichever first occurs, The Parties
covenant and agree that the City may deny any development application or plan of
development that is submitted to the City for the Property during such period if such
application or plan is inconsistent with the Development Plan. The owners expressly
waive any vested rights that might otherwise arise under local or state law, or by common
law, from the submittal of such inconsistent development application, The 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 SD-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. Gwners expressly and irrevocably consent to
annexation of the Property under such circumstances. owners further agree that such
annexation by the City shall be deemed voluntary, and not subject to the requirements . and procedures for an annexation plan, as required by Tex, Loc. Gov't
Code section
43.052, or successor statute.
Section 6. Notice of Sale, Any person who sells or conveys any portion of the
Property shall, prior to such sale or conveyance, give 30 days written notice of this
Agreement to the prospective purchaser or grantee. A copy of the notice shall be
forwarded to the City at the following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
4
s;lour dacumentslmisceilaneous1l01annexationslmichael & tammy Pritchard nan-annexation agreement,dac
Section 7. Recordin .This Agreement is to run with the Property and be recorded
in the real property records, Denton County, Texas,
Section S. Severability. .validation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the
City by any proceeding at law or in equity, Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Owner waives no rights as to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding
annexation shall affect the enforceability of this Agreement or the City's ability to annex
the properties covered herein pursuant to Section 4,
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12, Execution in Multiple Copies. This Agreement may be separately
executed in individual counterparts and, upon execution, shall constitute one and same
instrument,
Section l3. 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 l4. 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.
f ~ry
The Parties hereto have executed this agreement as ofk/a/`
Owners
~,a
,~~~~~~aMic r' chard
Tammy D. Pr' and
5
s;lour documen#slmiscellaneousll~lannexatianslmichael & #ammy pritchardnon-annexation agreement,doc
THE CITY OF DENTON, TEXAS
By°
City Manager, Deputy Ci y Manager, or
Designated Representative
THE STATE OF TEXAS }
COUNTY OF DENTON }
Thls instrument was acknowledged before me on the day o ,
2010, by Michael P. Pritchard.
- f
ur~~~r CI~MMONS
Pa~~~y~~STEP~iANI~ l1'NN : NotaN Public, Stale of Yexas ~ , ~ , ion expires F' ~ : My Gommiss ' 1 q 2013
~$~~~°`y Notary blic, State of Texas qh ~I1i11~►~►`
THE STATE DF TEXAS }
COUNTY OF DENTON }
~ a This instrument was acknowledged before me on the day o
2010, by Tammy D. Pritchard,
•~►``~`y`~~'~~, STEPHANIE LYNhf CIEMMONS
~1htit,, ~,~r,~~. ~ xaS Q~ ~ Notary Public, Slate of e ` ~ ~ : My Commission Exp+res f
}~r`[rtt 9, 2013 ~~if~ }q*~~ ~~i1,1iUl~ly 1 ~1rt~n+►~ 3 Notary blic, State o exas
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was ackno d ed before me on t day of
~~:anager putt' ity ManagerlDesignated epresentative, on behalf of the City of Den ,
exas,
r~ ~I ~~~~~AYPU~bi J~NNI~~R WAL15
ti~ ti~~ ~ ~ ~i ~q'' Notary Public; State Of Texea
•N~jr ~ i , ~ My~ycq~ym~~~y~~;~~1~(n ~x~q~;r~y~~ tart' Pu c, State of Texas +~,~¢1f~11~~~1i1 ~~7keF7~IJ~~ 17~ ~tf~11
b
s;lour documentslmisce(laneousll0lannexatianslmichael & tammy pritchard non-annexation agreement,doc
APPROVED AS T~ LEGAL F~RIV~;
ANITA BURGESS, ~ITY~ATTGRN~E
P
.r.~
7
After recording retul~ to,
s;lour documentslmiscellaneousllOlannexationslbruce & donna putnamnon-annexation agreement,doc Jet lifer Walter s
City Secretary
215 E. Mcl~inney
CHAPTER Z12 TExAS LOCAL GU~'ERNMENT CURE Denton, T~ 76201
NUN~ANNExATIUN AGREEMENT
This Agreement is entered into pursuant to Section 212, ~ 72 Tex, Local Gov't Code by
and between the City of Denton, Texas the "City"} and Bruce & Donna Putnam
~"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 10,00 acres of land, more or less, situated in the Gibson Myers Survey,
Abstract No. 843 and the A, Miller Survey, Abstract No. 887, Denton County,
Texas, and being more fully described in that certain Warranty Deed with
Vendor's Lien dated May 10,1994 from Eagle Farms, Inc, and Jahn Porter Auto
Sales, Inc. to Bruce Putnam and wife, Donna Putnam, filed for record on May
17,1994 and recorded in Instrument Number 94-R0040313 of the Real Property
Records of Denton County, Texas. Said 10.000 acres of land, more or less, is
commonly l~nown as DC~4D Property ID 1 X4339.
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 Cade chapter 23.C, D, or E; and
WHERF,AS, OWNERS represent that it is their intention not to develop the
Property during the term of this Agreement; and
WHEREAS, Tex, Loc. Gov't Code section 43.035 authorizes a property owner
and a municipality to enter into an agreement pursuant to Tex, Loc, Gov't Code section
212,172 for purposes of retaining land in the municipality's ETJ in exchange for the
property owner's covenant not to develop the property and to authorize the municipality
to apply development regulations not inconsistent with agricultural use; and
WHEREAS, the Parties are desirous of entering into an agreement authorized
under Tex, Loc. Gov't Code section 43,035; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of
Denton County, Texas;
~~I~T
1 ~
s;lour dacumentslmiscellaneausll0lannexatianslbruce & donna Putnam non-annexation a~reement,doc
NGw, THEREFORE, in consideration of the mutual covenants contained herein,
the Parties hereto agree as follows;
Section 1. Continuation of ETJ Status. The City guarantees the continuation of
the extraterritorial status of the Property and agrees not to annex the Property for the term
of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed
upon by the Parties, subject, however, to the provisions of this Agreement,
Section 2. Development Plan. The Owners covenant and agree that use of the
Property for the term of this Agreement and any extensions agreed to by the Parties shall
be limited to farm-related and ranch-related uses and customary accessory uses, and
single~family detached farm or ranch dwellings, provided that no single-family dwelling
may be located or constructed on a lot smaller than five (5} acres. The property owner
may apply to the City for division of the land subj ect to this Agreement into parcels, each
of which is at least five (5} acres in size, for the purposes set forth in this section without
being in violation of this Agreement, Such uses and activities constitute the development
plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b}.
Section 3. Governing Re ulations, The following City regulations shall apply to
any development of the Property, as may be amended from time to time, provided that
the application of such regulations does not result in interference with the use of the land
for agricultural, wildlife management or forestry purposes and does not prevent the
continuation of a use established prior to the effective date of this Agreement and which
remains lawful at the time the Agreement is executed:
(1} Zoning standards contained in the Denton Development Code
("DDC"}, as amended pursuant to The Denton Plan, 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 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 far Public works
Construction, North Central Texas, 3rd Ed.199~ (NCTCGG Manual};
(3} Denton building caries, 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;
2
s:lour dacumentslmiscellaneausll Olannexatianslbruce & donna Putnam non-annexation agreement,dac
c, The International Fire Code, 2006 Edition with local
amendments;
d, International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with local
amendments;
f, International Mechanical Code, 2006 Edition with local
amendments
g. Code of Ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h, International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local
amendments.
National Electric Safety Code, 2003 Edition, with regional
amendments;
k, Minimum housing and building standards, Denton Code
§§25383 - 437 and ~§17 141 - 210, as amended and as
applicable;
1, Irrigation Standards, Denton Code ~§25 441- 457; and
m. Moving Buildings, Denton Code ~~28-326 375;
~4} Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
~5} Applicable water and wastewater connection, construction and an-site
operation requirements, contained Within Chapter 26 of the Denton
Code of Ordinances, as amended, and Subchapters 16 and 21 of the
DDC, as amended, the Denton Water and Wastewater Criteria Manual,
as amended, and as supplemented by the Texas Water Code, as
amended, Texas Natural Resources Code, as amended, Texas Utilities
Code, as amended, and applicable administrative standards of the
Texas Commission on Environmental Quality, as amended;
~6} Applicable Flood Protection, Drainage and related standards, as
contained within Chapter 30 of the Denton Code, as amended, and
subchapters 17 through 19 of the DDC, as arriended, 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 Nell platting, drilling and production standards, as contained in
§ 3 5.16,19 and subchapter 22 of the Denton Development Code, as
amended and as applicable, and as supplemented by requirements of
3
s;lour dacumentslmiseelianeaus11~1annexationslbruce & donna Putnam non-annexation agreement,doc
the Texas Utilities Code, the Texas Natural Resources Code, the Texas
water Code, and applicable administrative standards of the Texas
Railroad Commission and Texas Commission on Environmental
Quality, as amended,
Section 4. Development Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 1 So calendar days thereafter, or until the effective date of the
annexation and permanent zoning of the Property, whichever first occurs, The Parties
covenant and agree that the City may deny any development application or plan of
development that is submitted to the City for the Property during such period if such
application or plan is inconsistent with the Development Plan, The Gwners expressly
waive any vested rights that might otherwise arise under local or state law, or by common
law, from the submittal of such inconsistent development application. The owners
further agree that no use commenced or completed on the Property that is inconsistent
with the development plan shall be considered established or in existence prior to the
expiration of the 18o~day period during which the Development Plan is in effect.
Section 5, Agreement Deemed Void in Part; Voluntary Annexation.
~A} If an Gwner files any application or plan of development for or otherwise
com~m.ences development of any portion of the Property inconsistent with the
Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall
thereupon become null and void.
~B} Thereafter the City may initiate annexation of the Property pursuant to
Tex. Loc. Gov't Cade subchapter C~ 1, or other such other provisions governing voluntary
annexation of land as may then exist. Gwners expressly and irrevocably consent to
annexation of the Property under such circumstances, Owners further agree that such
annexation by the City shall be deemed voluntary, and not subject to the requirements
and procedures for an annexation plan, as required by Tex, Loc. Gov't Code section
43.oS2, or successor statutes
Section 6, Notice of Sale, Any person who sells or conveys any portion of the
Property shall, prior to such. sale or conveyance, give 30 days written notice of this
Agreement to the prospective purchaser or grantee, A copy of the notice shall be forwarded to the City at the following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, Tx 7201
Section 7. Recordin .This Agreement is to run with the Property and be recorded
in the real property records, Denton County, Texas,
4
s,lour documentslmiscelianeousll~lannexationslbruce & donna Putnam non-annexation agreement,doc
Section 8, Severability, invalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect,
Section 9. Remedies. This Agreement may be enforced by either owner or the
City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter, Entry into this Agreement by
burner waives no rights as to matters not addressed in this Agreement.
Section l o, Change in Law. No subsequent change in the law regarding
annexation shall affect the enforceability of this Agreement or the City's ability to annex
the properties covered herein pursuant to Section 4,
Section 1 1. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 1~, Execution in Multi le Co ies. This Agreement may be separately
executed in individual counterparts and, upon execution, shall constitute one and same
instrument.
Section 13, Term and Extension, The initial term of this Agreement shall be for a
period of five ~5} years from the Effective Date the "Term"}, The Effective Date of the
Agreement shall be the date the Agreement is executed by the City, The Term may be
extended upon mutual agreement of the Parties.
Section I4. Survival of Covenants. The covenants in Sections 2, and 4 shall
survive termination of this Agreement, together with any other provisions, as may be
necessary for the implementation of those sections.
r
The Parties hereto have executed this a reement as of g
D s
Bruce Putnam
~ - _
D nna Put m
5
s;lour documentslmiscelIaneous1101annexationslbruee &donna pu#namnon-annexation agreement.doc
THE CITY OF DENTIN, TEXAS
~y.
City a er, Deputy City Manager, or
Designated Representative
TKE STATE 4F TEXAS }
COUNTY ~F DENTnN } ~
This instrument was acknowledged before me on the day of
2010, by Bruce Putnam,
7~k I~c~L+~ r.,. ~1yp~il ~II6lkC
,I ~*4~
o ary P blic, State of Texas
THE STATE ~F TEXAS }
COUNTY OF DENTaN }
~ ~
This instrument was acknowled ed before me on h g t e day of . p
2oio, by Donna Putnam.
~ r ~
Notary Public, State of
THE STATE OF TEXAS }
COUNTY ~F DENT4N }
This instrument was ackn d ed befor me on the d o
,20~ by ~Ci
~nage eputy City ManagerlDesignated epresentative, on behal of the City of Denton,
,,~~~~r►,, J~NN~F~~ K. WA~T~~S ' ``o~~~pQ~Y Afj~f~fi
N , , 1 ~`rr: Natary ~ublic~ state of ~'exas ary ub ,State of Texas My Comi~ksSEar~ x~lrea
s,lour documentslmiscellaneousll ~lannexationslbruce &donna putnamnon-annexation a~reement,doc
APPROVED AS TO LEGAL FARM;
ANrTA BURGESS, CITY ~TT..~ EY
7
After recording return tcY e
Jennifer Walters
City Secretary
215 E. MGKlnney
Denton, TX 76201
CHAPTER 21Z TEXAS LOCAL GOVERNMENT CGDE
N4N~ANNEXATIGN 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 Norbe~•to Ruiz, Ma~•ia de Jesus A, Ruiz, Jose
Alfredo Pena, and Sylvia Pena ~"Owners"~, the property owners of the hereinafter described
property the "Property"} in Denton County, Texas, sometimes individually or collectively
referred to as "Party" or "Pat•ties";
Being 5,136 acres of land, more or less, situated in the A. Miller Sllrvey, Abstract No.
887 and the Gibson Myers Survey, Abstract No. 843, Denton County, Texas, and being
more fully described in that certain warranty Deed with Vendor's Lien dated Aug~lst 6,
20x1 from Delbert H, Wiley and Ruth A, whey to Norberto Ruiz, Maria de Jesus A,
Ruiz, Jose Alfredo Pena and Silvia Ruiz Pena, filed for record on August 9, 2001 and
recorded in Volllme 4897, Page 2123 of the Real Property Records of Denton County,
Texas. Said 5.136 acres of land, more o1• less, is commonly l~nown as DCAD Property ID
36651 anc~ DC~D P~ope~ty ID 301899,
SAVE & EXCEPT: A 2,567 acre tract of land, mare or Less, situated in the
Gibson Meyers Survey, Abstract No. 843, Denton County, Texas, and being more
fully described in that certain warranty Deed dated Jllne 15, 2006 from Norberto
Rlliz and Maria De Jesus A, R111Z, hllsband and wife to Jose Alfredo Pena and
Silvia Ruiz Pena, husband and wife, filed for record on June 16, 2006 and
recorded in Instrument No, 200072743 of the Real Property Records of Denton
County, Texas, Said 2,567 acres of land, mare or less, is commonly l~nown as
DC~4D P~ope~ty ID 301899,
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
jllrisdiction ~"ETJ"} far the term of this Agreement;
WHEREAS, 4wne~•s and the City acl~nowledge that this Agreement between them is
binding llpon the City and the Gwners and their respective successors and assigns far the term of
the Agreement;
WHEREAS, the Denton County Appraisal District records show that the Property
cllt~ently is appl•aised 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 Propez~ty
during the term of this Agreement; and
WHEREAS, Tex, Loc. Gov't Code section 43,035 authorizes a property owner and a
nlllnicipality to ender into an agreement pursuant to Tex, Loc, Gov't Code section 212,172 for
1 ~X~~~IT
~
-
pux~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
wI~.EREAS, the Parties a~•e 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;
New, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section l . Continuation of ETJ Status. The City guarantees the continuation of the
extraten•itorial status of the Property and agrees not to a~anex the Prope~•ty 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.
Development, , Section 2. ,Plan. The Gwners covenant and agree that use of the Property
for tlae term of this Agreement and any extensions agreed to by the Parties shall be limited to
fa1~1-related and ranch-related uses and customary accesso~•y uses, and single~family detached
fa1~1~ or ranch dwellings, p~•ovided 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~•th in this section without being in violation of this Agreement. Such uses and
activities constitute the development plan for the Property in satisfaction of Tex, Loc, Gov't
Code section 212.17Z~b},
Section 3, Goyer~~ing 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 ~•esult in interference with the use of the land for
agricultural, wildlife management or forestry purposes and does not prevent the continuation of a
use established prior to the effective date of this Agreement and which remains lawful at the time
the Agreement is executed;
~1} Zoning standards contained in the Denton Development Code ~"DDC"}, as
amended pursuant to The Denton Plan,1999-2020, as amended, including but
not limited to the ~RD~S} Zoning District regulations, and standards
incorporated therein
t2} The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria
Manuals ~1nCllld~ng construction, drainage, site design, solid waste,
transportation, tree protection standards, and waterlwastewater}, Denton
IVlobility Plan and other approved Master Plans of tl~e City of Denton, Texas,
and the forth Central Texas Council of Governments Standard Specihcatiors
2
for Public worl~s Const~l~ction, 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. I~~ternational Building Code, 2006 Edition with local amendments;
b, International Residential Code, 2006 Edition with Appendix G and
local amendments;
c. Tlae International Fire Code, 2006 Edition wit11 local amendments;
d. Irltex~ational Plumbing Code, 2406 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with local amendments;
f, International Mechanical Code, 2006 Edition with local
amendments
g. Cade of ordinances Chapter 17, Denton Property Maintenance
Code, as amended;
la. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Cade, 2005 Edition with local amendments.
j. Natio~aal Electric Safety Code, 2003 Edition, with regional
anaendnlents;
l~. Minimum lousing and building standaz°ds, Denton Code §§28W383
437 and ~ § 17-141 210, as amended and as applicable;
1. Irrigation Standards, Denton Code ~~28-441- 457; and
m, Moving Buildings, Denton Code §§25326 375;
~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended;
~5} Applicable water and wastewater connection, construction and on-site
operation requirements, contained within Chapter 26 of the Denton Code of
ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended,
the Denton watel• and ~1Vastewater 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 oza
Envi~•onmental Quality, as amended;
~6} Applicable Flood Protection, Drainage and z•elated standards, as contained
within Chapter 30 of the Denton Code, as amended, and subchapters 1~
th~•ough 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 arn.ended, applicable -
administrative standards of the Texas Co~rllnission on Envi~°ornnental Quality,
as amended, and applicable administrative standards of the Federal
Emergency IVlanagement Administration, as amended; and
3
~7} Gas well platting, drilling and production standards, as contained in
§35.1b.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 administl•ative standards of the Texas Railroad Commission and
Texas Commission on Envirolunental Quality, as amended,
Section 4. Develo merit Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set fo~•th in Section 2 shall ~•emain in effect for
a period of 1 SO calendar days thereafter, or until the effective date of tl~e annexation and
permanent zoning of tl~e Property, whichever first occurs. The Pa~•ties covenant and agree that
the City may deny any development application or plan of development that is submitted to the
City for tlae Property du~•ing such period if such application or plan is inconsistent with the
Development Plan. Tl1e Owners expressly waive any vested rights that might otherwise arise
under local ar state law, or by common law, from the submittal of such inconsistent development
application. The Owners further ag~•ee that no use commenced or completed on the Property that
is inconsistent with the development plan sha11 be considered established or in existence prior to tl~e expiration ofthe l SO-day period during which tl~e Development Plan is in
effect.
4
Section 5, A reement Deemed Void in Part Voluntar Annexation.
~A} ~f an Owne~• files any application or plan of development for or otherwise
commences development of any pa~•tion of the Property inconsistent with the Development Plan
p~•ovided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
~B} Thereafter the City may initiate annexation of tl~e Property pursuant to Tex. Lac.
Gov't Code subchapter C~1, o~• 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 ciz•cumstances. Owners f~~rthe~• 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. Lac, Gov't Cade section 43,052, or successo~• statute.
Section b, Notice of Sale, Any person who sells or conveys any portion of the Pro ert p Y
shall, prior to such sale or conveyance, give 30 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 add~•ess;
City of Denton, Texas
ATTN: Director of Planning and Development
22l N. Elm Street
Denton, Tx 7b201
Section 7. Recordin ,This Ag~•eement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
4
Section 8, Severability. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement maybe enforced by either Dwner or the City by
any proceeding at law or in equity, Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter, Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement,
Section l o, Chan eg to 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,
Execution in Mu~tp . Section 12, , le Copies, This Agreement maybe separately executed
in individual counte~~arts and, upon execution, shall constitute one and same instr~~ment.
Section 13, Tenn and Extension, The initial te~•m of this Agreement shall be for a period
of five ~5} years from tl~e Effective Date ~tl~e "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 tl~e Parties.
Section 14, Survival of Covenants, The covenants in Sections 2, and 4 shall survive
tel•~nination of this Agreement, together with any othez• provisions, as maybe necessary for the
implementation of those sections,
The Patties hereto Dave executed this ap~•eement as of ~ 201
bl , 0.
owner
4-~ . ~
Norberto Ruiz
Maria de Jesus A. Ruiz
f
ose Al o Pena
-
S lvia Ruiz P a
5
THE CITY OF DENTUN, TEXAS
By;
City Manager, Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS }
COUNTY OF DENTIN
This instrument was aclfflowled ed before me on the da of ~ g Y
2410, by Norberto Ruiz,
r
66o1md19eq.~ea~as::;...••........~-~:::.w P
~ [/f/Jr r
Notary Public, State of Texa
THE STATE OF TEXAS }
COUNTY ~F DENTIN }
r
This instrument was acl~lowledged before me on the da of ~ ~~`w- - Y
2010, by Maria de Jesus A. Ruiz.
~ EpY
Notary Public, State of Tex_-
THE STATE ~F TEXAS }
COUNTY QF DENTIN }
This instrument was acl~~owled ed before me on the da of g y ,
2010, by Jose Alfredo Pena.
a,
~ ~
~ Notary Pub 'c, State of T s
6
THE STATE OF TEXAS }
COUNTY OF DENTON ~
This Instrument was acl~.~awledged before me on the day of ~ ,
20 i 0, by S~1via Ruiz Pena,
r
Nota Pubic State o ~Te as rY
THE STATE OF TEXAS }
COUNTY OF DENTON }
This inst~~u ent eras ac o le ~ ed before me~.on...the..._,~~.~: day o ,20 , b y
Manage Deputy City Manag rlDesignated
~A Representati , on behaif o the City of Denton, Texas,
N to y Public State of Texas
`~d~~p~Yip,~+~~i~ J~~d~~~6;~ tl'1~~~~~+~
' ~i~~i`1~~I~~i~~t ~x~alre~
'g~~~ ~~~1~~~ ~ 1 fir! c~~
APPROVED AS TO LEGAL FORM:
ANNA BT~RGES~f..,~~TY ATTO Y ~,f~
_
4 I
B ~.i '
ifI ./~if 'i
f
After recording return to: s;lour documentslmiscellaneous1101anne~ationslbert yarbr4ugh non~annexation agreement x.14 ac.doe Jennifer Walters
City Secreta~•y
215 E, Mc~.inz~ey
Denton, T~ 76201
CHAPTER 212 TEXAS LUCAL GGVERNNIENT CODE
NGN-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 Bert Yarbrough & Betty Yarbrough Schluter
~"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 9.14 acres of land, more or less, situated in the I, McCormick Survey, Abstract
No, 955, Denton County, Texas, and being more fully described in that certain Quit
Claim Deed dated March 20, 200$ from Eagle Dil & Gas Co, to Bert Yarbrough and
Betty Yarbrough Schluter, Bled for record on March 2$, 2005 and recorded in
Instrument Number 200$W57703 of the Real Property Records of Denton County,
Texas. Said 9,14 acres of land, more or less, is commonly known as DCAD property
ID 3 669.
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 re~.ain in the City's extraterritorial
jurisdiction ~"ETJ"} for the term of this Agreement;
WHEREAS, Gwners and the City acknowledge that this Agreement between them is
binding upon the City and the Gwners and their respective successors and assigns for the term of
the Agreement;
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex, Tax Code chapter 23.C, D, or E; and
WHEREAS, GWNERS represent that it is their intention not to develop the Property
during the term of this Agreement; and
WHEREAS, Tex, Loc. Gov't Code section 43.035 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 2I2,172 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;
~ EXIT IT
I ~
i
s;lour documentslmiscellaneousll~lannexationslbert Yarbrough non-annexation agreement 9,14 ac,doc
NOw, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status, The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2, Development Plan. The Owners covenant and agree that use of the Property
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm.-related and ranch~related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling maybe located or constructed
on a lot smaller than five ~5}acres. The property owner may apply to the City for division of the
land sub j ect to this Agreement into parcels, each of which is at least five ~5} acres in size, for the
purposes set forth in this section without being in violation of this Agreement. Such uses and
activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't
Code section 212.172~b}.
Section 3. Governin Re ulations. The following City regulations shall apply to any
development of the Property, as may be amended from time to time, provided that the
application of such regulations does not result in interference with the use of the land for
agricultural, wildlife management or forestry purposes and does not prevent the continuation of a
use established prior to the effective date of this Agreement and which remains lawful at the time
the Agreement is executed:
~ 1 }Zoning standards contained in the Denton Development Code ~"DDC"}, as
amended pursuant to The Denton Plan,1999~2020, as amended, including but
not limited to the ~RD~S} Zoning District regulations, and standards
incorporated therein
~2} The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria
Manuals including construction, drainage, site design, solid waste,
transportation, tree protection standards, and waterlwastewater}, Denton
Mobility Plan and other approved Master Plans of the City of Denton, Texas,
and the North Central Texas Council of Governments Standard Specifications
for Public works Construction, North Central Texas, 3rd Ed.199S ~NCTCOG
Manual};
~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and
29, and DDC Subchapter 24, adopting:
a, international Building Code, 2006 Edition with local amendments;
b. international Residential Code, 2006 Edition with Appendix G and local amendments;
c. The international Fire Code, 2006 Edition with local amendments;
2
s;lour documentslmiscellaneousll ~lannexationslbert yarbrougl~ non-annexation agreement 9, I ~ ac.doc
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with local amendments;
f, International Mechanical Code, 2006 Edition with local
amendments
g. Code of 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 ~§28-383
43 7 and ~ ~ 17-141-- 210, as amended and as applicable;
1. Irrigation Standards, Denton Code ~§28^441 457; and
m. Moving Buildings, Denton Code ~ §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 1 ~ and 21 of the DDC, as amended,
the Denton water and wastewater Criteria Manual, as amended, and as
supplemented by the Texas water Cade, as amended, Texas Natural
Resources Code, as amended, Texas Utilities Code, as amended, and
applicable administrative standards of the Texas Commission on
Environmental Quality, as amended;
~6} Applicable Flood Protection, Drainage and related standards, as contained
within Chapter 30 of the Denton Code, as amended, and subchapters 17
through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as
amended, and as supplemented by requirements of the Texas water Code, as
amended, Texas Natural Resources Code, as amended, applicable
administrative standards of the Texas Commission on Environmental Quality,
as amended, and applicable administrative standards of the Federal
Emergency Management Administration, as amended; and
~7} Gas well platting, drilling and production standards, as contained in
§35,16.19 and subchapter 22 of the Denton Development Code, as amended
and as applicable, and as supplemented by requirements of the Texas Utilities
Code, the Texas Natural Resources Code, the Texas Water Code, and
applicable administrative standards of the Texas Railroad Commission and
Texas Commission on Environmental Quality, as amended.
Section 4. 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 docume~ttslrniscellaneousll Olannexatianslbert Yarbrough non-annexation agreement 9.14 ae.doc
permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that
the City may deny any development application or plan of development that is submitted to the
City for the Property during such period if such application or plan is inconsistent with the
Development Plan, The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application, The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180~day period during which the Development Plan is in effect,
Section 5, Agreement Deemed Void in Part; Voluntary, Annexation.
~A} If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void,
~B~ Thereafter the City may initiate annexation of the Property pursuant to Tex, Loc.
Gov't Code subchapter C~1, or other such other provisions governing voluntary annexation of
land as may then exist. Owners expressly and irrevocably consent to annexation of the Property
under such circumstances, Owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex. Loc. Gov't Code section 43.052, or successor statute.
Section 6. Notice of Sale, Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 3 o days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address;
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, Tx 76201
Section 7. Recording, This Agreement is to run with the Property and be recorded in the
real property retards, Denton County, Texas,
Section S. Severability, invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect,
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter, Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement,
4
s;lour documentslmiscellaneous1101annexationslbert yarbroughnon-annexation agreement 9.1~ ac.doc
Section ~ 0. 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 1 ~ . venue, venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multi le Co ies, This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 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 ~ , 2010,
Qwners
,f
1
ert Yarbro ~ h A
Be y Y gh Schlut
T13E CITY OF DENTIN, TEAS
By;
City Manager, Deputy City Manager, or
Designated Representative
5
s,lour documentslmiscellaneousl lOlannexatianslbert yarbroughnon-annexation agreement 9,14 ac.doc
THE s TATS of TEXA s ~
COUNTY of DENTON ~
This instrument was acknowledged before me on the day of ~ ~ 2D 1 by Bert Yarbrough.
, d ~„r
racy, ,,.3ry C#~~\~3T~N~ :7,
. j ` ~ = Notary Public State oi< Text ~ ~ MY Gp~NMtSSIpN ~ ~ r N9r~._ }r M~O~ ~Q19 PIFiE~
~ Notary Publics State of Texas
THE STATE of TEKAS ~
COUNTY of DENToN ~
. ~ This instrument was acknowledged before me on the ~ day of
2Q 10, by Betty Yarbrough Schluter,
`
~~~Y ~~e{ GHRI'~T1NE piG
Notary Public State of hex t' , ~y ~Y ca~+M~ss+oN ~x~~~Es y ~ ~ ~
~ ~w+' ~ Notary Public, State of Texas
THE STATE OF TEAS }
COUNTY of DENTON ~
is instru t was a o le ged before rr~e~-on~~-the da ,20 ~ b
Y ~ Y i Manager eputy City Mana erlDesignated
Representativ on e alf of the City of Denton, Texas.
h
,~ao~~'~~p~°~~~',~ J~NNI~~ K. WAI~T~S oar Pu , State of Texas
~ Notary ~~i~li~, ~t~t~ ~f ~~xas ~ , My Comf~l~~1d~ ~~pir~s
APPROVED AS T,Q~~E~A
ANNA BURGESS, CITY ATTO EY ~r
p,~-..F..~ ,,~'s,,,.~
~
After ~"ecording return to; s:lour documentslmiscellaneousllOlannexationslbert Yarbrough non-annexation agreement south half,doc Jennifer -waltel"S
City Secretary
215 E. Mc1~i~ll~ey
Dentonq Tx 76201
CHAPTER 21Z TExAS LGCAL GOVERNMENT CUDE
NGN-ANNExATI[~N AGREEMENT
This Agreement is entered into pursuant to Section 212,172 Tex. Local Gov't Code by and
between the City of Denton, Texas the "City"} and Bert Yarbrough & Betty Schluter
~"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 the South one-half X112} of a 150.89 acre tract of land, more ar less, situated in
the Isaac McCormick Survey, Abstract No. 955, Denton County, Texas, described in
that certain warranty Deed dated January 3, 1966 from wafter B. Bud} wolf; Grace
Yarbrough and husband, M.C. Yarbrough, Jr.; and Mabel Dickey and husband, G.C.
Dickey, filed for record on January 25, 1966 and retarded in volume 533, Page 544 of
the Real Property Records of Denton County, Texas. Said South one-half X112} of the
150.89 acre tract of land, more or less, is commonly known as DCAD Property ID
3 6702,
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, 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 43.03 5; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
~T
1 ~
s;lour documentslmisce~laneousll Dlannexationslbert Yarbrough non-annexation agreement south half,doc
NGw, TfIEREFCRE, 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, subs ect, 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 2I2.172~b},
Section 3. Governin Re ulations, The following City regulations shall apply to any
development of the Property, as may be amended from time to time, provided that the
application of such regulations does not result in interference with the use of the land for
agricultural, wildlife management or forestry purposes and does not prevent the continuation of a
use established prior to the effective date of this Agreement and which remains lawful at the time
the Agreement is executed:
~l} Zoning standards contained in the Denton Development Code ~"DDC"}, as
amended pursuant to The Denton Plan,1999~2020, as amended, including but
not limited to the ~RD-5} Zoning District regulations, and standards
incorporated therein
~2} The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria
Manuals including construction, drainage, site design, solid waste,
transportation, tree protection standards, and waterlwastewater}, Denton
Mobility Plan and other approved Master Plans of the City of Denton, Texas,
and the North Central Texas Council of Governments Standard Specifications
for Public Works Construction, North Central Texas, 3rd Ed.1998 (NCTCOG
Manual};
~3} Denton building codes, as contained within Denton Code Chapters l7, 28 and ~9, and DDC Subchapter ~4, adopting:
a, International Building Code, 2006 Edition with local amendments;
b. International Residential Code, X006 Edition with Appendix G and
local amendments;
c. The International Fire Code, 2006 Edition with local amendments;
2
s:lour documentslmiscellaneous1l41annexationslbert yarbraugh non-anneYatian agreement south half 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 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local amendments.
j. National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code §~28-383
437 and ~ § 17141-- 210, as amended and as applicable;
1. Irrigation Standards, Denton Code ~ X28-441 _ 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 onysite
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
Enviranmental Quality, as amended;
~6} Applicable Flood Protection, Drainage and related standards, as contained
within Chapter 30 of the Denton Code, as amended, and subchapters 17
through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as
amended, and as supplemented by requirements of the Texas water Code, as
amended, Texas Natural Resources Code, as amended, applicable
administrative standards of the Texas Commission on Environmental Quality,
as amended, and applicable administrative standards of the Federal
Emergency Management Administration, as amended; and
~7} Gas well platting, drilling and production standards, as contained in
X35.16.19 and subchapter Z2 of the Denton Development Code, as amended
and as applicable, and as supplemented by requirements of the Texas Utilities
Code, the Texas Natural Resources Code, the Texas VL~ater Code, and
applicable administrative standards of the Texas Railroad Commission and
Texas Comn~.ission 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 documentslmisee((aneous1l01annexatianslbert yarbroughnon-annexation agreement south half doc
permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that
the City may deny any development application or plan of development that is submitted to the
City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 1 So-day period during which the Development Plan is in effect.
Section 5. A reement Deemed void in Part voluntar Annexation,
~A} If an owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
~B} Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc.
Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of
land as may then exist. Gwners expressly and irrevocably consent to annexation of the Property
under such circumstances. Owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex, Loc. Gov't Code section 43,05, or successor statute.
Section 6. Notice of Sale, Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
~2l N. Elm Street
Denton, T~ 76201
Section 7. Recordin .This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 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 Uwner or the City by
any proceeding at law or inequity, Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as
to matters not addressed in this Agreement,
4
s:laur dacumentslmiscellaneausll0lannexatianslbert yarbraugl~ non-anne;~atian agreement south half.dae
Section l0, Change in Law, No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 11, Venue. Venue for this Agreement shall be in Denton County, Texas,
Section 2, Execution in Multi le Co ies, This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13, Term and Extension. The initial term of this Agreement shall be for a period
of five ~5~ years from the Effective Date the "Term"}, The Effective Date of the Agreement
shall be the date the Agreement is executed by the City, The Term may be extended upon
mutual agreement of the Parties.
Section l4, Survival of Covenants. The covenants in Sections 2, and 4 shall survive
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections,
The Parties hereto have executed this a reemen of g t as , X010,
owners
d'n
~
'Bert Yarbro h
Be ~ S u er
THE CITY OF DENTIN, TExAS
By; ~
City M ager, Deputy City Manager, or
Designated Representative
5
s;lour documentslmiscellaneousllOlas~nexationslbert yarbraugl~ non-annexation agreement sautl~ half,doc
THE STATE QF TEXAS }
COUNTY ~F DENTQN }
This instrument was acknowledged before me on the day of ~ ~ ~ ~r ,
2410, by Bert Yarbrough"
a '
~5.,., ~'a Notary P~~blic Stake of Texas `
p MY Cp~lMI~SIDN ~KPIA~S a Notary Public, State of Texas
i. ~
THE STATE aF TEXAS }
COUNTY 4F DENTaN }
This instrument was acknowledged before me on the ~ day of 2010, by Betty Schluter,
~Q^~.."'~g~f CHRISYI~E A, D~~K 1
Notary Public State of ~exa~ ~ ~ f ~ , MV CQ~1M#5SlC~N ~xpIR~S
~~~rF ~ . i~}~ ~ ~A#rC~ 2, 2018 ~ 4 ry Nota Public, State of Texas
,r
THE STATE 4F TEXAS }
COUNTY OF DENT4N }
's instrume was ackno vied ed before n~eµon the day o ,20,L by
C~ y Manage IDeputy City Manag rlDesignated
Representative, behalf of t e City of Denton, Texas.
~~►Itlllll ~~`~Q,~~~ra~~({°~~ ~~~~N~~~~ W~~t~~s N t ry Publ State of Texas
'o`' ~ Notary Public, Stag of ~'~xas ; " " ' " My Ca~nmissian x~ira~
frt' 1~I1 1~~1 D~cemb~r 19, ~~1 U
APPROVED AS TU LE~Ai~~~
ANITA BURG,~S S; ~~CITY ATT~ Y
- ~
6
After recording retu~~. to: s:lour ~ocumentslmiscellaneous1101annexat~onslbert yarbraugh non~annexation agreement north half,doc Jennifer wafters
City Secretary
215 E, McK~lu~.ey
Denton, TX 76201
CHAPTER 212 TEAS L[]CAL GGVERNMENT CGDE
N4N~ANNExATIUN 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 Bert Yarbrough & Betty Schluter
~"Uwners"}, 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 the North one-half X112} of the 150.89 acre tract of land, more or less, situated in
the Isaac McCormick Survey, Abstract No, 955, Denton County, Texas, described in
Tract 2 of that certain Settlement Agreement dated September 12, 2440 by and between
Jeraldine Covington, as Personal Representative of the Estate of Mabel w. Dickey,
Deceased, Jeraldine Covington, James Covington, Bert E, Yarbrough and Betty
Schluter, filed for record on September 12, 2041 and recorded in Volume 4920, Page
3183 of the Real Property Records of Denton County, Texas. Said North one~half X112}
of the 150,59 acre tract of land, more or less, is commonly known as DCAD Property
ID 3 675,
WHEREAS, the City has given notice of its intent to institute annexation proceedings for
the Property in accordance with Tex. Loc. Gov't Code ch, 43; and
wHEREAS, Gwners desire that the Property remain in the City's extraterritorial
jurisdiction ~"ETJ"~ for the term of this Agreement;
WHEREAS, Owners and the City acknowledge that this Agreement between them is
binding upon the City and the Owners and their respective successors and assigns for the term of
the Agreement;
wHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23. C, D, or E; and
wHEREAS, GwNERS represent that it is their intention not to develop the Property
during the term of this Agreement; and
WHEREAS, Tex. Loc. Gov't Code section 43.03 5 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212,172 for
purposes of retaining land in the municipality's ETJ in exchange for the property owner's
covenant not to develop the property and to authorize the municipality to apply development
regulations not inconsistent with agricultural use; and
wHEREAS, the Parties are desirous of entering into an agreement authorized under Tex,
Loc. Gov't Code section 43,035; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas; ~1T a
1 ~ ~
s;lour documentslmiscellaneausllOlannexationslbert yarbroughnon-annexation agreement north half.doc
NCw, TfIEREFGRE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement,
Section 2. Development Plan. The Gwners covenant and agree that use of the Property
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm~related and ranch-related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single~family dwelling may be located or constructed
on a lot smaller than fve ~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 far the Property in satisfaction of Tex, Loc. Gov't
Code section 212.172~b}.
Section 3. Governing Re ulations. The following City regulations shall apply to any
development of the Property, as may be amended from time to time, provided that the
application of such regulations does not result in interference with the use of the land for
agricultural, wildlife management or forestry purposes and does not prevent the continuation of a
use established prior to the effective date of this Agreement and which remains lawful at the time
the Agreement is executed:
~1} Zoning standards contained in the Denton Development Code ~"DDC"}, as
amended pursuant to The Denton PIan,1999~2020, as amended, including but
not limited to the ~RD-5} Zoning District regulations, and standards
incorporated therein
~2} The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria
Manuals including construction, drainage, site design, solid waste,
transportation, tree protection standards, and waterlwastewater}, Denton
Mobility Plan and other approved Master Plans of the City of Denton, Texas,
and the North Central Texas Council of Governments Standard Specifications far Public works Construction, North Central Texas, 3rd Ed.1998 ~NCTCGG
Manual};
~3} Denton building codes, as contained within Denton Code Chapters 17, 2$ 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;
2
s.lour documentslmiscellaneousll0lannexationslbert yarbroughnon-annexation agreement north half.doc
c. The International Fire Code, 2006 Edition with local amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with local amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of ordinances Chapter 17, Denton Property Maintenance
Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local amendments,
j. National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code § ~ 28 ~3 S 3
- 43 7 and ~ § 17-141-~ 210, as amended and as applicable;
1. Irrigation Standards, Denton Code §~28R441- 457; and
m. Moving Buildings, Denton Code ~~2$-326 _ 375;
~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended;
~5~ Applicable water and wastewater connection, construction and on-site
operation requirements, contained within Chapter 26 of the Denton Cade of
Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended,
the Denton water and wastewater Criteria Manual, as amended, and as
supplemented by the Texas water Code, as amended, Texas Natural
Resources Code, as amended, Texas Utilities Code, as amended, and
applicable administrative standards of the Texas Commission on
Environmental Quality, as amended;
~6} Applicable Flood Protection, Drainage and related standards, as contained
within Chapter 30 of the Denton Code, as amended, and subchapters 17
through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as
amended, and as supplemented by requirements of the Texas water Code, as
amended, Texas Natural Resources Code, as amended, applicable
administrative standards of the Texas Commission on Environmental Quality,
as amended, and applicable administrative standards of the Federal
Emergency Management Administration, as amended; and
~7~ Gas well platting, drilling and production standards, as contained in
§35.16.19 and subchapter 22 of the Denton Development Code, as amended
and as applicable, and as supplemented by requirements of the Texas Utilities
Code, the Texas Natural Resources Code, the Texas water Code, and
applicable administrative standards of the Texas Railroad Commission and
Texas Commission on Environmental Quality, as amended.
Section 4. 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
3
s:lour documentslmiscellaneousll Qlannexationslbert yarbroughnon-annexation agreement north half.doc
a period of 18o calendar days thereafter, or until the effective date of the annexation and
permanent zoning of the Property, whichever first occurs, The Parties covenant and agree that
the City may deny any development application or plan of development that is submitted to the
City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 1 So-day period during which the Development Plan is in effect,
Section 5, Agreement Deemed Void in Part; Voluntary Annexation.
~A} If an Dwner 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~1, or other such other provisions governing voluntary annexation of
land as may then exist, Gwners expressly and irrevocably consent to annexation of the Property
under such circumstances. Owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex. Loc. Gov't Code section 43,OSZ, 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 o days written notice of this Agreement to the
prospective purchaser or grantee, A copy of the notice shall be forwarded to the City at the
following address;
City of Denton, Texas
ATTN; Director of Planning and Development
221 N. Elm Street
Denton, Tx 76201
Section 7. Recording, This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas,
Section S. Severability. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Qwner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter, Entry into this Agreement by owner waives no rights as
to matters not addressed in this Agreement,
4
s;laur dacumentslmiscellaneaus1101annexatianslbert yarbraugh non~annexatian agreement earth half,dac
Section I0. 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,
execution in Multi le,.__ Section 12. „'p,, 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 I4. Survival of Covenants. The covenants in Sections 2, and 4 shall survive
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.
The Parties hereto have executed this agreement as of , 2010.
owners
-
~ert Yarbr gh r~
Be S uter
THE CITY ~F DENTON, TEAS
By ~
City Manager, Deputy City Manager, or
Designated Representative
5
s;lour dacumentslmisce~laneous1141annexatianslbert Yarbrough non-annexation agreement north half.doc
THE STATE OF TEXAS }
CUUNTY ~F DENT4N }
. .
This instrument was acknowledged before me on the day of , 2010, by Bert Yarbrough,
CHRf~TiN~ DiC
Notary pr~~lic State of Text MY Cp~tM15510t~ ~t(PIR~~
~"4r~ a~ ti~+`~ M~~C~ X013 .r Nota Public, State of Texas ~a
i
THE STATE ~F TEXAS }
COUNTY OF DENTQN }
This instrument was acknowledged before me on the day of ~ "
2010, by Betty Schluter,
~~,W~ of ~o..~ o~ CHAISTiNE A. OI
f r~ ~ Notary ~,~hl~c State at Text w a~ ~ y MY G+'~rri~dii +t SSIOH ~M~IA~s ,
~w ~ March 2fl, ~ Notary Pub11C, State of Texas
I ~ A'.~
THE STATE OF TEXAS }
COUNTY OF DENTaN }
his instru ent was a know dged before rye on~the ~ day o ,20~~ by
~i„ Mana rlDeputy City Mana rlDesignated
Representati , on behal of the City of Denton, Texas.
~~~ti~rrrrri ~A~~~i~~
.~`°~~~Y~~'°~%°,~ ~~~aNi~~~ N t ry Publ ,State of Texas
~ Notary i~ublic, State of ~"exas My ~~1c~m~rr~~j~r~i~/yn •~/yx[/~~ir1p~s
d~~,~~~ llr~~ 1'~`M, ~~tf~111~V1 ~ ! r MV ~ 7M w:ewa~w.r~
APPROVED AS~`D~LEGAL FARM:
ANNA Bt~R~ES S, CITY ATTaRN
6
After recording return to s;lour dacumentslmiscellaneausll0lannexatianslbert yarbrough non~annexatian agreement 152 ac,dac Jelu~ifer Walters
City Secretary
215 E, McKinney
Denton, T~ 76201
CHAPTER ~1Z TEXAS LaCAL GUVERN~ENT CODE
NUN-ANNE~A.TIUN 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 Bert Yarbrough & Betty Schluter
~"Gwners"}, the property owners of the hereinafter described property the "Property"} in Denton
County, Texas, sometimes individually or collectively referred to as "Party" or "Parties";
Being 152 acres of land, more or less, situated in the Ann E. Mays Survey, Abstract No.
$44, Denton County, Texas, described in Tract 1 of that certain Settlement Agreement
dated September 12, 2000 by and between Jeraldine Covington, as Personal
Representative of the Estate of Mabel W. Dickey, Deceased, Jeraldine Covington,
James Covington, Bert E. Yarbrough and Betty Schluter, filed for record on September
12, 2001 and recorded in Volume 4920, Page 3183 of the Real Property Records of
Denton County, Texas. Said 152 acres of land, more or less, is commonly known as
DCA.D Properly ID 37080 and DCAD PrO~e~~y ID 37077, 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, 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 Gwners and their respective successors and assigns for the term of
the Agreement;
WHEREAS, the Denton County Appraisal District records show that the Property
currently ~ is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23,C, D, or E; and
WHEREAS, OWNERS represent that it is their intention not to develop the Property
during the term of this Agreement; and
WHEREAS, Tex. Loc, Gov't Code section 43.035 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212,172 for
purposes of retaining land in the municipality's ETJ in exchange for the property owner's
covenant not to develop the property and to authorize the municipality to apply development
regulations not inconsistent with agricultural use; and
WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex,
Loc. Gov't Code section 43.03 5; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas; ~ ~ ~
W1~IT l
1 ~
umm
s:lour documentslmiscellaneausll0lannexatiansl~ert Yarbrough non-annexation agreement IS2 ac,dac
NCw, THEREFGRE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to 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 Qwners covenant and agree that use of the Property
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm-related and ranch-related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling maybe located or constructed
on a lot smaller than ftve ~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. Goyernin~Re ulations, The following City regulations shall apply to any
development of the Property, as may be amended from time to time, provided that the
application of such regulations does not result in interference with the use of the land for
agricultural, wildlife management or forestry purposes and does not prevent the continuation of a
use established prior to the effective date of this Agreement and which remains lawful at the time
the Agreement is executed:
~l} Caning standards contained in the Denton Development Code ~"DDC"}, as
amended pursuant to The Denton Plan,1999-2020, as amended, including but
not limited to the ~RD-5~ Zoning District regulations, and standards
incorporated therein
~2~ The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria
Manuals including construction, drainage, site design, solid waste,
transportation, tree protection standards, and water/wastewater}, Denton
Mobility Plan and other approved Master Plans of the City of Denton, Texas,
and the North Central Texas Council of Governments Standard Specifications
for Public works Construction, North Central Texas, 3rd Ed.199S ~NCTCOG
Manual};
~3} Denton building codes, as contained within Denton Code Chapters 17, 2S and 29, and DDC Subchapter 24, adopting;
a. International Building Code, 2006 Edition with local amendments; b, International Residential Code, 2006 Edition with Appendix G and
local amendments;
c. The International Fire Code, 2006 Edition with local amendments;
Z
s:lo►~r documentslmiscellaneaus1141annexationslbert Yarbrough non-annexation agreement 15Z ac.doc
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2x06 Edition with local amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g, Code of Ordinances Chapter 17, Denton Property Maintenance
Code, as amended;
h, International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local amendments.
j. National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code § §2$-3 S3
437 and § § 17~ 141- 210, as amended and as applicable;
1. Irrigation Standards, Denton Code §§2$-441 _ 457; and
m. Moving Buildings, Denton Code §§28-326 375;
~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended;
~5} Applicable water and wastewater connection, construction and on-site
operation requirements, contained within Chapter 26 of the Denton Cade of
ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended,
the Denton Water and Wastewater Criteria Manual, as amended, and as
supplemented by the Texas Water Code, as amended, Texas Natural
Resources Code, as amended, Texas Utilities Code, as amended, and
applicable administrative standards of the Texas Commission an
Environmental Quality, as amended;
~6} Applicable Flood Protection, Drainage and related standards, as contained
within Chapter 30 of the Denton Cade, as amended, and subchapters 17
through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as
amended, and as supplemented by requirements of the Texas Water Code, as
amended, Texas Natural Resources Code, as amended, applicable
administrative standards of the Texas Commission on Environmental Quality,
as amended, and applicable administrative standards of the Federal
Emergency Management Administration, as amended; and
~7} Gas Well platting, drilling and production standards, as contained in
X35,16.19 and subchapter 22 of the Denton Development Code, as amended
and as applicable, and as supplemented by requirements of the Texas Utilities
Code, the Texas Natural Resources Code, the Texas Water Code, and
applicable administrative standards of the Texas Railroad Commission and
Texas Commission on Environmental Quality, as amended.
Section 4. Development Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for
a period of 1 SO calendar days thereafter, or until the effective date of the annexation and
3
s;lour documentslmiscel(aneousl~Olannexationslbert yarbrough non-annexation agreement 152 ac,doc
permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that
the City may deny any development application or plan of development that is submitted to the
City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered. established or in existence prior to
the expiration of the 1$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~l, or other such other provisions governing voluntary annexation of
land as may then exist. Owners expressly and irrevocably consent to annexation of the Property
under such circumstances, owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex, Lac, 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 o days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, T~ 76201 .
Section 7. Recordin .This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section Seyerability. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect,
Section 9, Remedies. This Agreement may be enforced by either Gwner 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 documentslmisceilaneous1101annexatianslbert Yarbrough non~anneYation agreement 152 ac,doc
Section lo. 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 1 1. Venue, Venue for this Agreement shall be in Denton County, Texas.
Section 12, Execution in Multi le Co ies, This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13, Term and Extension, The initial term of this Agreement shall be for a period
of five ~5~ years from the Effective Date the "Term"~, The Effective Date of the Agreement
shall be the date the Agreement is executed by the City. The Term may be extended upon
mutual agreement of the Parties.
Section i4, Survival of Covenants, The covenants in Sections 2, and 4 shall survive
termination of this Agreement, together With any other provisions, as may be necessary for the
implementation of those sections,
The Parties hereto have executed this agreement as of , 20I0,
Owners
Bert Yarbr gh
Betty S, later
THE CITY OF DENTON, TExAS
By;
City Manager, Deputy City Manager, ar Designated Representative
5
s;lour dacumentslmiscellaneous1101annexationslbert Yarbrough nan-annexation agreement 152 ac.dac
THE STATE ~F TEXAS }
COUNTY OF DENTIN }
This instrument was acknowled ed before me on the ~ da of g Y 2010, by Bert Yarbrough.
fiQ~~~"-p~d~,n r CWRIET~NE A. DI , t. ~ Natary Pt~bllc State of Text
w~ ; r ~ MY Gp~IM15SI0N twlfPlR~~ w} aa,~ ° Notary Public, State of exas
ti''`p
THE STATE ~F TEXAS }
COUNTY ~F DENTIN }
This instrument was acknowledged before me on the day of
2010, by Betty Schluter.
'
*,~~-.pUb C~RISTfNE A. v1CK p. ,t n Natary Pt~~ltc State df Teri ~ ~ ~ '
c. MY Cp(NMlS$IDN ~liPlfl~$ ~y r ~+r~ ~ M~rCh ~qi 3
. Notary Public, State of Texas
.
THE STATE OF TEXAS }
CaUNTY OF DENTDN }
' instrume ~ was ackn le ge before m the da ,2~~ b
Y Y i Manag rlDeputy C ty Manag rlDesignated
Representative, • n behalf of t e City of Denton, Texas.
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~sa~~'IIUIG~~ ~ J~NNi~~~ k' WA~r~ o T Publ' , State of Texas
N~AAt~~ry~y~ta~l~~}, ~t~ta of Texas ~ ~ ~ +,~bw~ IYi~ ~~~ml~~~~~
APPRQVED AS TD LEGAL ~ .
ANITA BURCrESS, CITY ATT EY
~p ,~~~J
w_..n.
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After recording return tt ~ s;lou~~ documeiltslmiscellarteousll0lan~cxatinnsltama~~a ~viley nan-at~~lcxatia» agreeme~lt,dac Jennifer Walters
City Secretary
215 E. Nlcl~inney
Denton, TX 76201
CHAPTER Z12 TEXAS LOCAL GOVERNMENT CODE
NUN-ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Section 212,172 Tex, Local Gov't Code by and
between the City of De~a.ton, Texas the "City"} and Tamara Wiley ~"Owners"}, the property
owners of the hereinafter described prope~•ty the "P~•operty"} in Dentan County, Texas,
sometimes individually or collectively referred to as "Party" or "Parties":
Being 15.00 acres of land, mo~•e or less, situated in the A. Miller Survey, Abstract No,
557 and the Gibsan Myers Survey, Abstract No, 543, Dentan County, Texas, and being
more fully described in that ce~•tain warranty Deed with Vendor's Lien dated November
11, 1993 from Eagle Fanns, Inc, to Gary whey and wife, Tamara Wiley, filed far
record on November 24,1993 and recorded in Instrument Number 93-R0055412 of the
Real Property Records of Denton County, Texas, Said 15.00 acres of land, more or
less, is connnonly l~nown as DC~D P~~operty ID 170983 c~nd DCAD P~~ope~ty ID
170981, ~espectzvely.
Note; See the certified copy of the Final Decree of Divorce in the Matter of tlae
Marriage of Tamara Sue Wiley and Gary Wayne Wiley, Cause No. 2001 ~ 10225 16,
Bled for record on June 25, 2001 and recorded in Volume 4865, Page 303 of the Real
Property Records of Denton County, Texas.
WHEREAS, the City has given notice of its intent to institute annexation proceedings for
the Property in accordance with Tex. Loc, Gov't Code ch, 43; and
WHEREAS, 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~lowledge that this Agreern.ent between thenr~ is
binding upon the City and the Owners and thei~• respective successors and assigns for the term of
the Agreement;
WHEREAS, the Denton County Appraisal District records show that the Property
cunently 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 Ag~•eement; 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 2120172 far
purposes of retaining land in the municipality's ETJ in exchange for the property owner's
covenant not to develop the property and to autho~•ize the municipality to apply developme~~t
regulations not inconsistent with agricultural use; and
.
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WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex,
Loco Gov't Code section 43.035; and
WHEREAS, this Agreement is to be recorded in the Real Prope~•ty Records of Denton
County, Texas;
NUW, THEREFGRE, in consideration of the mutual covenants contained herein, the
Pa~•ties hereto agree as follows:
Section 1, Continuation of ETJ Status. The City guarantees tl~e continuation of the
extrate~~itorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the
Pa~•ties, subject, however, to the provisions of this Agreement.
Section 2. Developn~.e~1t Phan. The Owners covenant and agree that use of the Property
far the tex•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 na single-family dwelling maybe located or const~l~cted
on a lot smaller than five ~5} acres, The property ownez• 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, fo~• the
purposes set forth in this section without being in violation of this Agreement. Such uses and
activities constitute the development plan for the Property in satisfaction of Tex, Loc. Gov't
Code section 212.17~~b}.
Section 3. Goyernin~Re ug~lat~ons. The following Clty ~•egulations shall apply to any
development of the Property, as may be amended from time to time, provided that the
application of such regulations does not result in interference with the use of the land for
agricultural, wildlife management or forestry purposes and does not prevent the continuation of a
use established prior to the effective date of this Agreement and which remains lawful at the time
the Agreement is executed;
~1} Zoning standards contained. in the Denton Development Code ~"DDC"}, as
amended pursuant to The Denton Plan,1999-200, as amended, including but
not limited to the ~RD-5} Zoning District regulations, and standard incorporated therein
~2} The subdivision and development ~•egulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria
Manuals including construction, drainage, site design, solid waste,
t•ansportation, tree p~•otection standards, and waterlwastewater}, Denton
Mobility Plan and other app~•oved Master Plans of the City of Denton, Texas,
and tl~e North Central Texas Council of Governments Standard Specifications
for Public Worl~s Construction, North Central Texas, 3rd Ed.199S ~NCTCCG
Manual};
2
s;lo~tr documentslmiscellaneotES1101annexatiansltatna~•a tviley non-annexation agreoment,doc
~3} Denton building Codes, as col~.talned Wlth111 Denton Code Chapters 17, 28 and
29, and DDC Subchapter 24, adopting;
a. International Building Code, 2006 Edition with local amendments;
b. International Residential Code, 2006 Edition with Appendix G and
local amendments;
c. The International Fire Code, 2006 Edition with local amendments;
d. International Plumbil~g Code, 2006 Edition with local
a1l~endments;
e, I1ternational Fuel Gas Code, 2006 Edition with local amendments;
f. h~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 amendments;
i. National Electric Code, 2005 Edition witl~ local amendments,
j. National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code § §28-3 S3
437 and § § 17-141- 210, as amended and as applicable;
1. Il•rigation Stal~dalds, Denton Code §§28-441-- 457; and
ln. Moving Buildings, Denton Code §§28-326 - 375;
~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended;
t5} Applicable water and wastewater connection, construction and on-site
operation requirements, contained within Chapter 26 of the Denton Code of
Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended;
the Denton water and wastewater Criteria Manual, as amended, and as
supplemented by the Texas watel• Code, as amended, Texas Natural
Resources Code, as amended, Texas Utilities Code, as amended, and
applicable administrative standards of the Texas Commission on
Environmental Quality, as amended;
(6} Applicable Flood Protection, Drainage and related standards, as contained
within Chapter 30 of the Denton Code, as amended, and subchapters 17
tlu•ough 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as
amended, a11d 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
3
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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 Colr~mission and
Texas Conunission on Environmental Quality, as amended.
Section 4. Develo lnent 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 foi•
a period of 1$0 calendar days thereafter, or until the effective date of the annexation and
pe1~111anent 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
u1~de1• local or state law, or by co~r~mo11 law, from the submittal of such inconsistent development
application, The Gwners further agree that 11o 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 80-day period during which the Development Plan is in effect.
Section 5, A ree1ne11t Deemed Void in Part Voluntar A1ulexation,
~A} 1f an owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided 111 SeCt10112, sections 1 and 3 of this Agreement snail thereupon become null and void,
~B} Thereaftel• 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 exists ~wllers expressly and irrevocably consent to annexation of the Property
under such circumstances, owners fu~~tller 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, priol• to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee, A copy of file 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. Reco1•din ,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 o1~de1• shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
4
s;lour dccumentsl~niscel]aneousll~lannexatioi~sltama~•a tvileynon-annexation ag~•eemc~~t,doc
Section 9. Remedies, This Agreement maybe enforced by either owner or the City by
any p~•oceeding at law or in equity, Failure to do sa 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 nutters not addressed in this Agreement,
Section 10. Chan e in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
laerei~a pursuant to Section 4,
Section 11. Venue, Venue for this Agreement shall be in Denton County, Texas.
Section 12. Executio~~_i~a Multiple Copes. This Agreement maybe separately executed
in individual counterparts and, upon execution, shall constitute one and same instnzment.
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 "Ten1~"~, The Effective Date of the Agreement
shall be tlae date the Agreement is executed by the City. The Terra may be extended upon
mutual agreement of the Pa~~ies,
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive
termination of this Agreement, togethel• with any other provisions, as maybe necessary fo~• the implementation of those sections.
The Pa~•ties hereto have executed this agreement as of ~ ~ , 201
owners
~
Tamara Wiley
THE CITY OF DENT4N, TEAS
By.
City Manag r, Deputy City Manager, or
Designated Representative
5
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THE STATE OF TEXAS ~
COUNTY ~F DENTIN ~
This instrument was acl~nowledged before me on the day of ~ ` , 2010, by Ta~nara Wiley,
A. I ~
~ f ~y° ~14t~1'y P bllC 5tat8 Gl T8~ Y
~v c~ ~~~s~aN ~~~~A~~ ~~4 ~ ~o;~ Notary Public, State of Texas
THE STATE 4F TEXAS ~
COUNTY OF DENTaN ~
' instrument ~.s acl~~owl ge be ore 1 _ V~~.~ day o ,20 by
ity ManagerfDe uty City Manag rlDesignated
Representative, ~ behalf of the ity of Denton, Texas,
~ wA~r~~s ryPubl' State of Texas ~~~t~~ir~r1~' ~ ~
~w~~'~a~Y ~y~ q~~r ~~M~°~' '~r~ ~ Nat~ry ~~bli~ ~tat~ of Texas fJ ~ ; ~ hA ~a
~~'~,t , '~~`1~1 IViy ~r~~rYl ~~~5~1~1 ~,Kp1~8S r~~~~~ ~~`a~ ~d~~~W~~~ f~E ~1~~~
r~~f f k 1+~~ -
APPROVED AS T~ LEG^AL,.FORNha . .u._,...,.
ANITA BUR~-ES S ~ CITY ATTORNEY
.
..::.,r.. M~
' ~
After recording return too
s:lonr documentslmisce(laneousllalannexationsljoe don ~vomack non-annexation agreement.doc Jell~lifel' U~alters
City Secretary
215 E. Mcr~inney
Denton, T~ 762 1
CHAPTER 212 TEAS LOCAL GGVERNMENT CGDE
NGN~ANNEXATI4N AGREEMENT
This Agreement is entered into pursuant to Section 212.172 Tex, Local Gov't Code by and
between the City of Denton, Texas the "City"} and Joe Don Womack ~"Owners"}, the property
owners of the hereinafter described property the "Property"} in Denton County, Texas,
sometimes individually or collectively referred to as "Party" or "Parties":
Being a called 132.433 acre tract of land, mare or less, situated in the John Wright
Survey, Abstract No. 1365 and the David Davis Survey Abstract No. 356, Denton
County, Texas, and being more fully described in that certain Special warranty Deed
with Vendor's Lien dated Apri129,1993 from Tarrant Bank to Jae Don Womack, filed
for record on May 4, 1993 and recorded in Instrument Number 93~R0026909 of the
Real Property Records of Denton County, Texas. Said 132.433 acre tract of land, more
or less, is commonly known as DC.~D Property ID 36709 and DGAD Property ID
36638, 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, 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
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
`~~T a
.
a-r6
s;lour documentslmiscellaneousll~lannexationsljoe don ~vomack non-annexation agreement,doc
Now, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement,
Section 2, Development Plan. The Gwners covenant and agree that use of the Property
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm-related and ranch-related uses and customary accessory uses, and single-family detached
farm ar ranch dwellings, provided that na single~famiiy dwelling may be located or constructed
an a lot smaller than five ~5} acres. The property owner may apply to the City for division of the
land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the
purposes set forth in this section without being in violation of this Agreement. Such uses and
activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't
Code section 212.172~b}.
Section 3. Governin Re ulations. The following City regulations shall apply to any
development of the Property, as may be amended from time to time, provided that the
application of such regulations does not result in interference with the use of the land for
agricultural, wildlife management or forestry purposes and does not prevent the continuation of a
use established prior to the effective date of this Agreement and which remains lawful at the time
the Agreement is executed;
~l} Zoning standards contained in the Denton Development Code ~"DDC"}, as
amended pursuant to The Denton Plan,1999~2020, as amended, including but
not limited to the ~RD~S} Zoning District regulations, and standards
incorporated therein
~2} The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria
Manuals including construction, drainage, site design, solid waste,
transportation, tree protection standards, and waterlwastewater}, Denton
Mobility Plan and other approved Master Plans of the City of Denton, Texas,
and the North Central Texas Council of Governments Standard Specifications
for Public works Construction, North Central Texas, 3rd Ed.199S ~NCTCGG
Manual};
~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting;
a. international Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and
Local amendments;
c. The International Fire Code, 2006 Edition with local amendments;
2
s.lour documentslmiscellaneous1101annexationsljoe don ~vamack non-annexation agreemen~,doc
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with local amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of Ordinances Chapter 17, Denton Property Maintenance
Code, as amended;
h, International Energy Conservation Code, 2006 Edition with
regional amendments;
i, National Electric Code, 2005 Edition with local amendments.
j, National Electric Safety Code, 2003 Edition, with regional
amendments;
k, Minimum housing and building standards, Denton Code ~§28-383
43 7 and § ~ 17-141- 210, as amended and as applicable;
1, Irrigation Standards, Denton Code ~~2$-441-- 457; and
m, Moving Buildings, Denton Code ~§28-326 - 375;
~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended;
~5~ Applicable water and wastewater connection, construction and an-site
operation requirements, contained within Chapter 26 of the Denton Code of
Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended,
the Denton Water and wastewater Criteria Manual, as amended, and as
supplemented by the Texas Water Code, as amended, Texas Natural
Resources Code, as amended, Texas Utilities Code, as amended, and
applicable administrative standards of the Texas Commission on
Environmental Quality, as amended;
~6) Applicable Flood Protection, Drainage and related standards, as contained
within Chapter 30 of the Denton Code, as amended, and subchapters 17
through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as
amended, and as supplemented by requirements of the Texas water Code, as
amended, Texas Natural Resources Code, as amended, applicable
administrative standards of the Texas Commission on Environmental Quality,
as amended, and applicable administrative standards of the Federal
Emergency Management Administration, as amended; and
~7} Gas well platting, drilling and production standards, as contained in
X35.16.19 and subchapter 22 of the Denton Development Code, as amended
and as applicable, and as supplemented by requirements of the Texas Utilities
Code, the Texas Natural Resources Code, the Texas water Code, and
applicable administrative standards of the Texas Railroad Commission and
Texas Commission on Environmental Quality, as amended,
Section 4. Develo 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$0 calendar days thereafter, or until the effective date of the annexation and
3
s:lour documentslmiscellaneousll0lannexationsljae don ~vamack non-annexation agreement,doc
permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that
the City may deny any development application or plan of development that is submitted to the
City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180~day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Voluntary Annexation.
~A} If an owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void,
~B} Thereafter the City may initiate annexation of the Property pursuant to Tex, Loc.
Gov't Code subchapter CWI, or other such other provisions governing voluntary annexation of
land as may then exist. owners expressly and irrevocably consent to annexation of the Property
under such circumstances, Owners further agree that such annexation by the City shall be
deemed voluntary, and not subj ect to the requirements and procedures for an annexation plan, as
required by Tex, Lac. Gov't Code section 43.052, or successor statute.
Section 6, Notice of Sale, Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address;
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, Tx 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 may be enforced by either owner or the City by
any proceeding at law or inequity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter, Entry Into this Agreement by owner waives no rights as
to matters not addressed in this Agreement,
4
s;lnur documentslmisce(Ianeous1141annexatiansljoe don ~rromack nan-annexation agreement,dac
Section 10. Chan~e,,,n,,L,aw, No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4,
Section 11. Venue. Venue far this Agreement shall be in Denton County, Texas,
Section 12. Execution in Multi le Co ies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension, The initial term of this Agreement shall be for a period
of five ~S} years from the Effective Date the "Term"}. The Effective Date of the Agreement
shall be the date the Agreement is executed by the City. The Term may be extended upon
mutual agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.
The Parties hereto have executed this agreement as of , 2010
owners
ae Don womack
THE CITY OF DENTIN, TExAS
By;
City Manager, Deputy City Manager, or
Designated Representative
THE STATE OF TExAS }
COUNTY QF DENTaN }
,
This instrument was acknowledged before me on the day of ,
20 ~ o, by Joe Don womack.
t f . ` .1~ ~ ; ~ G
~p~=Gm~h ®~~~~M ~ Notary Public, State of Texas
,f~ N ~[Y~C~~lMi5S50NtE PIP81~
~ 5
s;lour dacumentslmisceilaneousll Olannexationsljoe don womacknon-annexation agreement.doc
THE STATE aF TEXAS }
COUNTY DF DENTaN }
T ' lnstrumen as acknow dged efore m the day of ,2 by
,City Manage eputy City Mana erlDesignated Repr ~ entative, behalf of the ity of Denton, Texas.
~~,~y4,~~,~Y p~~~F~1 J~NNI~~~ WA~~~~ N tad y Publi , tate of Texas
Notary ~c~l(~# t~t~ D~ ~'~~a~
APPROVED AS T~ LEGAL FARM;
ANITA Bt~RCr ESS, CITY ATT~RNEY,~~~
. . -
R.w.__~_...___~.___
BY: .
i
After reco~•ding retuln to:
Jennifer Walters
City S ecretal•y
215 E. Mcl~inney
Dentona TX 76201
CHAPTER ~1~ TEXAS LOCAL G~]VERNMENT CaDE
NON-ANNEXATION AGREEMENT
This Agreement is ente~•ed into pursuant to Section 212.172 Tex, Local Gov't Code by and
between the City of Denton, Texas the "City"} and Brian and Cynthia Zimmerman ~"Owners"},
the property owners of the hereinafter described property the "Property"} in Denton County,
Texas, sometimes individually or collectively refen•ed to as "Party" or "Parties":
Being 10.00 acres of land, more or less, situated in the A, Miller Survey, Abstract No.
S 87, Denton County, Texas, and be111g more fu11y described in that certain warranty
Deed with Vendor's Lie11 dated Septe111ber 3, 1997, to be effective September 5, 1007,
from Lamar M, Lex and wife, A1lgela Lex to Brian Zimmerman and wife, Cynthia
Zimmel•n1an, filed for record on Septe111ber 5, 1997 and recorded in Instrument Number
97-R006211 b of the Real Property Records of Denton County, Texas. Said 10.00 acres
of land, more or less, is commonly l~nown as DCAD P~ope~ty .~D 173432 and DC.~D
P~~npe~ty ID 173433, ~espectzvely.
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 te1.~'~ 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 culTently is appraised for ad valorem tax pul~oses as land for agricultural
or wildlife
Inanagement use, or timber land pu1suant to Tex. Tax Code chapter 23.C; D, or E; and
WHEREAS, OWNERS represent that it is theil• illtention not to develop the Property
du1•i11g the term of this Agreement; and
WHEREAS, Tex. Loc, Gov't Code section 43.035 authorizes a property owner and a
mullicipality to enter into an agreement pursuant to Tex, Loc. Gov't Cade section 212,172 for
purposes of 1•etaining land i11 the municipality's ETJ in exchange fo1• the property owner's
covellant not to develop the property and to authorize the municipality to apply developrrlent
regulations not inconsistent with agricultural use; and
WHEREAS, the Parties are desirous of ellterillg into an agreement authorized under Tex6
Loc. Gov't Code section 43.035; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
Coullty, Texas;
H~~~T
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NOw, TI~EREFORE, 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 ranchwrelated 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 Prope~.•ty 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 ~•esult in interference with tl~e use of the land fo~~
agricultural, wildlife management or forestry pu~~oses and does not prevent the continuation of a
use established prio~• to the effective date of this Agreement and which remains lawful at the time
the Agreement is executed:
~1} Zoning standards contained in the Denton Development Code ~"DDC"}, as
amended pursuant to The Denton Plan,1999-2020, as amended, including but
not limited to the ~RD-5} Zoning District regulations, and standards
incorporated therein
~2} The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria
Manuals including Collstl'UCtlon, 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 worl~s Construction, 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, The Inte~•national Fire Code, 2006 Edition with local amendments;
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d. International Plumbing Code, 2006 Edition with local
amendments;
e. Il~ternational Fuel Gas Code, 2006 Edition with local amendments;
f, Il~ternational Mechanical Code, 2006 Edition with local
amendments
g, Code of ordinances Chapter 17, Denton Property Maintenance
Code, as amended;
h. Il~ternational Energy Conservation Code, 2006 Edition with
regional amendments;
i, National Electric Code, 2005 Edition with local amendments.
j . National Electric Safety Code, 2003 Edition, with regional
amendments;
l~. Minimum housing and building standards, Denton Code § §28-3 83
- 437 and ~ ~ 17-141-~ 210, as amended and as applicable;
1. Irrigation Standards, Denton Code ~ §28-441- 457; and
m. Moving Buildings, Denton Code §§28-326 - 375;
~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended;
(5} Applicable water and wastewater connection, construction and on-site
operation requirements, contained within Chapter 26 of the Denton Code of
Grdinances, as amended, and Subchapte~•s 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as
supplemented by tl~e 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 Cade, as amended, and subchapters 1 ~
thl•ough 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 tl~e 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 a~.ad production standards, as contained in
§35.16.19 and subchapte~• 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, tl~e Texas water Code, and
applicable administrative standards of the Texas Railroad Commission and
Texas Commission on Environmental Quality, as amendede
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
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permanent zoning of the Property, whichever first occltrs, The Parties covenant and agree that
tl~e 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, fiom the submittal of such inconsistent development
application, The Owners fl~rther agree that no lase commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence p~•ior 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 Owne~• f les any application or plan of development for or otherwise
commences development of any portion of tlae 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, Owner s expressly and irrevocably consent to annexation of the Property
under such circl~mstances, Owner's further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedl~res for an annexation plan, as
regl~ired by Tex, Loc, Gov't Code section 43,052, or successor statute.
Section 6, Notice of Sale, An erson who sells or conve s n o y p y a y p rtron 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~ling and Development
221 N. Elm Street i
Denton, T~ 76201 ~
Section 7. Recordin ,This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas,
Section 8, Severab~l~ty. Invalidation of any provision of thzs Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full fo~•ce
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 a~
to matters not addressed in this Agreement,
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C , alb e, ,n,,,L Section o, g ,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 ~ ~ . Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution ~n Multiple 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 fro~~. the Effective Date the "Term"}. The Effective Date of the Agreement
shall be the date the Agreement is executed by the City, The Term may be extended upon
mutual agreement of the Pa~•ties.
Section 14. Survival of Covenants, The covenants in Sections Z, and 4 shall survive
te~•~nination of this Ag~•eement, together with any other provisions, as maybe necessary for the
implementation of those sections.
The Parties hereto have executed this agreement as of , 2oi0.
owners
r ~ F-~.
Brian 'merman
C thia Zin ~ e1•man
THE CITY OF DENTIN, TExAS
By:
City ana er, Deputy City onager, or
Desig~~ated Representative
THE STATE aF TEXAS }
CQUNTY OF DENTON ~
~ , This ~nstlument was acknowledged before me on the ~ ~ day of ' ,
20 ~ 0, by Brian Zimmerman,
s
Notary Pub1~c St~t~ of Ti ~ r
- ~ ~v co~Miss~n~ ~~a~~ Notary Public, State of Texas
..r
.
THE STATE ~F TEXAS ~
CQUNTY OF DENTIN ~
. r
This instrument was acl~nowledged before me on the day of
2010, by Cynthia Zimmerman.
a~ ~Yp~~ CHlTI A~ ~ ~
~ ~1r~ Notary Pi~bl~c state of TeK ~ My c~~Miss~o~v ~x~~p~s w Nota Public State of Texas
~t~~~~t a, so~~ ry
_ i~~
i THE STATE OF TEXAS ~
CQUNTY QF DENTIN }
E
is instrume ; t was acl owled ed before ~ne.µ on~-th~~.. ~ day f - ,20 ~,~by
`~i y Manager puty City Manag rlDesignated
Representat~ ~ on behalf of the City of Denton, Texas.
~,~~~~4Y~'~~~'~'~~ J~~~NI~~f~ K. ~NA~r~~S
~t ~ Notary ~'~bli~, ~`~x~s N t ~y Pub c, State of Texas
r~ ~ ~i !
APPRQVED AS TD LEGA.~..~~ ;
ANITA BUR~rESS; ~~TY ATTQRNEY ~p
~ ~f
~r B -
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