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2010-041s.lour documentslordinancesll01paa2 accepting non annexation agreements.doc ORDINANCE NO. ~O~0-041 AN ORDINANCE PROVIDING FCR ACCEPTANCE OF ELIGIBLE NON-ANNEXATION AGREEMENTS FGR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE PROPERTIES WITHIN AN AREA GF LAND ADJACENT TO AND ABUTTING THE EXISTING CITY LIMITS GF THE CITY OF DENTGN, TEXAS, GENERALLY IDENTIFIED AS PAA2 SOUTH GF APPROXIMATELY 1,472 ACRES LOCATED ON THE SOUTH SIDE OF FM 1173, NORTH OF W. UNIVERSITY DRIVE, WEST OF I-3 5, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, pursuant to Section 43.061, Subchapter C-1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan, and the City desires to pursue annexation of PAA2 South, as hereinafter described; and WHEREAS, Section 43,035, Subchapter B, Local Government Code requires the City to make offers of non-annexation development agreements to the owners of all properties which have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland within the area to be annexed; and WHEREAS, under anon-annexation agreement between an eligible property owner and the City, the land subject to the agreement retains its extraterritorial status and the owners of such land must abide by the City's development regulations as if such land were within the City limits, as provided further in such agreement; and WHEREAS, the city has offered said non-annexation agreements for a five year term in light of the rapid growth of the Denton area, the need to assure orderly growth, and the inadequate land area currently within the Denton city limits; and WHEREAS, the owners of some eligible properties have executed such non-annexation agreements; the owners of other properties have executed such nonwannexation agreements but there remain defects in the legal description of such properties; and yet ather~ owners to whom notices have been sent have not executed the agreements within the allotted period of time, thereby declining the City's offer; and WHEREAS, the City and the owners of eligible properties with insufficient legal descriptions are in the process of correcting defects therein; and WHEREAS, the Denton City Council deems it to be in the best interests of the citizens of the City of Denton to enter into such non-annexation agreements with eligible property owners; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTGN HEREBY ORDAINS: SECTION 1, The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. M s;lour documentslordinances1101paa2 accepting non annexation agreements,doc SECTION 2. The area of land which abuts and is adj acent to the existing corporate limits of the City of Denton, Texas, known as PAA2 South, 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 PAA2 South, as described and depicted in Exhibits A and B, which have been properly executed by the owners of those properties and which have legally sufficient property descriptions, are hereby approved by the City of Denton and are attached hereto and incorporated herein by reference as Exhibits "C-1"through "C- SECTION 4, The City Manager is authorized and directed to sign the non-annexation agreement 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 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 PAA~ South, 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 sub j ect to the agreements so desire. SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7. This Ordinance shall take effect immediately on its passage. AND IT IS SO ORDERED. Passed b the Cit Council readin this 9~~' da of Februar ZD14. Y Y g Y Y~ E MA . B S MAYOR ATTEST, JENNIFER wALTERS, CITY SECRETARY BY: APPR ED S TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ~ r~~ c ~ Page 2 ExHiBiT A Annexa~ron Traci PAA2 Page ~ of 5} BEGINNING at paint on the present Denton city limit line, being the northwest corner of a tract described in annexation Ordinance 2007-268, and further described in said ordinance as a right-of-way marker post for a corner in the south line ofFarm-to-Market 1173 and in the east line of the Gulf, Colorado and Santa Fe Railroad Company right-of way; THENCE South 22° 46' 21"East, along the present Denton city limit line as established and described in Ordinance 2007M268 and along the east line of the Gulf, Colorado and Santa Fe Railroad Company right~of-way a distance of 1,860,04 feet to a point fora corner, said point being the southwest corner of the tract described in said Ordinance 2007-268; THENCE South 88° 58' 01"East along the present Denton city limit line as established, described and depicted in Ordinance 2007-268 (Exhibit A and Exhibit A-3 therein a total } distance of 3,411 feet to a point for a corner, said point being the southeast corner of the tract depicted in Ordinance 2007-265 Exhibit A-3}and said point also lying on the a westerly line of a City of Denton annexation tract established and described in Ordinance 1969w40 Tract VI}; THENCE South 02° 57' East, parallel to and 500 feet west of the center line of Interstate Highway 35, same being the present Denton city limit line established and described in Ordinance 1969-40 Tract VI}, a distance of 1,103 feet to a point for corner, said point lying on the most northerly north line of a City of Denton annexation tract described in Ordinance 1965M43 Tract V}; THENCE West along the present Denton city limit line as established and described in Ordinance 1965-43 Tract V} a distance of 244 feet to a point for a corner, said point being the most northerly northwest of said City of Denton annexation tract established and described in Ordinance 1965-43 Tract V}; THENCE South along the present Denton city limit line as established and described in Ordinance 1965-43 Tract V}, being 600 feet from and parallel with the west right-of way line of Interstate Highway 35, a distance of 1,860 feet to a point for a corner, said point being the northeast corner of a City of Denton annexation tract established and described in Ordinance 1955-31; THENCE North 89° 51' 30" West along the present Denton city limit line as established and described in Ordinance 1985-31 a distance of 1,961,87 feet to a point for a corner; THENCE South o0° 54' 39"East continuing along the present Denton city limit line as established and described in Ordinance 195531 a distance of 1,165,47 feet to a point for a corner; Annexation Tract PAA2 Page Z of 5} THENCE Southeasterly continuing along the present Denton city limit line as established and described in Ordinance 1985-31 and along a curve to the left on the east ri ht-of wa line of the A T & S R Railroad an arc di g y stance of 1,324.91 feet as described in Ordinance $5-31 to a point for corner; THENCE Southeasterly continuing along the present Denton city limit line as established and described in Ordinance 1985-31 and along a curve to the left on the east right-of-wa line of the A T & S R Railroad an arc distan y ce of 254.27 feet as described in Ordinance 85-31 to a point for corner; THENCE South 33° 02' East continuing along the present Denton city limit line as established and described in Ordinance 1985-31 and along the east right-of way line of the A T & S R Railroad distance of 94,68 feet, as described in Ordinance 85-31, to a point for corner, said point lying on the most westerly north line of a City of Denton annexation tract described in Ordinance 1965-43 Tract V}; THENCE west cantinuing along the present Denton city limit line as established and described in Ordinance 1965-43 Tract V} a distance of 119,22 feet to a point for corner, said point being on the west right-of way Line of the A T ~ S R Railroad and being the most westerly northwest corner of said annexation tract described in Ordinance 1965-43 Tract V}; THENCE Southeasterly continuing along the present Denton city limit line as established and described ~n Ordinance 1965-43 Tract V} and along the west right-of way line of the A T ~ S R Railroad a distance of 490 feet to a point far corner, said point being the northeast corner of a City of Denton annexation tract established and described by Ordinance 1970-34; THENCE South 89° 09' west continuing along the resent Denton cit limit Tine as p y established and described in annexation Ordinance 1970-34 a distance of 2,612,5 feet to a point for corner, said point being the northwest corner of said tract described in annexation Ordinance 1970-34; THENCE South 00° ' " ~ ~ ~ ~ I~' 42 30 East continuing along the present Denton city limit line as established and described in annexation Ordinance 1970-34 a distance of 2,680 feet to a point for corner, said point being the most westerly northeast corner of a City of Denton annexation tract established and described by Ordinance 1969-40 (Tract VII}; THENCE North 88° 50' west continuing along the resent Denton cit limit line as P y established and described in annexation Ordinance 1969-40 Tract VII} a distance of 1,478 feet to a point for corner, said point being the most southerly southeast corner of a City of Denton annexation tract established and described by Ordinance 2006-364 and also lying on the east line of Masch Branch Road; Annexation Traci PAA2 Page 3 of 5} THENCE North continuing along the present Denton city limit line as established and described in annexation Ordinance 2006-364 and along the east line of Masch Branch Raad a distance of 2,603 feet to a point for corner, said point being the northeast corner of said Ordinance 2006-364 annexation tract; THENCE North 59° 45' 00" West continuing along the present Denton city limit line as established and described in annexation Ordinance 2006-364 a distance of 50 feet to the west right-of way line of Masch Branch Road to a point for corner, said point also being the southeast corner of a City of Denton annexation tract established and described by Ordinance 2407-76; THENCE North continuing along the present Denton city limit line as established and described in annexation Ordinance 2007-76 and along the west right-of way line of Masch Branch Road a distance of $35,54 feet to a point for corner; THENCE North 44° 57' 37" West continuing along the present Denton city limit line as established and described in annexation Ordinance 2007-76 and along aright-of way flare of Masch Branch Road a distance of 70,76 feet to a point for corner; THENCE North 89° 55' 14" west continuing along the present Denton city limit line as established and described in annexation Ordinance 2007-76 and along the south right-of way line of Masch Branch Road a distance of 554,47 feet to a point for corner; THENCE South continuing along the present Denton city limit line as established and described in annexation Ordinance 2007-76 a distance of $53,64 feet to a point far corner, said point being the northwest corner of a City of Denton annexation tract established and described by Ordinance 2006-364; THENCE South continuing along the present Denton city limit line as established and described in annexation~Ordinance 2006-364 a distance of 1,371.66 feet to a point for corner, said point being the southwest corner of a City of Denton annexation tract established and described by Ordinance 2006-364 and also lying on the north line of a City of Denton annexation tract established and described by Ordinance 1956-23; THENCE South S9° 02' 33" west continuing alongthe present Denton city limit line as established and described in annexation Ordinance 1986-23 a distance of 1,165 feet to a point for corner, said point being the northwest corner of said Ordinance 1986-23 annexation tract; THENCE South 00° 49' 16"East continuing along the present Denton city limit line as established and described in annexation Ordinance 1956-23 a distance of 969.60 feet to a point for corner, said paint being the southwest corner of said Ordinance 1956-23 annexation tract and lying on the a northerly line of a City of Dentan annexation tract established and described by Ordinance 74-36 (Tract V); Annexation Tract PAA2 Page 4 of 5} THENCE North 88° 50' 'West continuing along the present Denton city limit line as established and described in annexation Ordinance 74-36 (Tract V} a distance of 1,905 feet to a point for corner, said point being on the west line of a 60,474 acre tract of land described in deed recorded under Instrument Number 2008-132154, Real Property Records, Denton County, Texas; THENCE North 2° 14' 50"East, along the west line of said 60,474 acre tract a distance of 923 feet to the northwest corner of the said 60,474 acre tract to a point for career; THENCE South 87° 54' 20"East, along the north line of said 60,474 acre tract a distance of 507 feet to a point for corner, said point being the southwest corner of a 40.24 acre tract of land described in deed recorded under Instrument Number 2003-207507, Real Property Records, Denton County, Texas ; THENCE North 00° 20' 00" Nest along the west line of said 40.24 acre tract a distance of 2,280,05 feet to a point at the northwest corner of said tract and in the center ofMasch B ranch Ro ad; THENCE North a distance of 25 feet to apoint for corner, said point being the intersection of the implied east right-of way line of a northlsouth section of Masch Branch Road and the implied north rightMof way line of an eastlsection of Masch Branch Road; THENCE northerly along the courses and distances of the implied east right-of way line of Masch Branch Road a total distance of 5,545 feet to a point for corner, said point being on the southwest corner of a 4,998 acre tract described in City of Denton Ordinance 2001-318 (I~rumlDenton Mutual Boundary Agreement (Exhibit A (Tract 4 i THENCE South 89° 53' 33"East, along the present KrumlDentan Future Mutual Boundary Line referenced in City of Denton Ordinance 2001-318, a distance of 41$.50 feet to a point for a corner; THENCE North Oo° 16' 13" 'West, along the present I~rumlDenton Future Mutual Boundary Line referenced in City of Denton Ordinance 2001-318, a distance of 520.80 feet to a point for corner, said point being the northeast corner of the property described in ordinance 2001-318 (Exhibit A (Tract 4)}and the southeast corner of the ro ert p p Y described in Ordinance 2001-318 (Exhibit A (Tract 3}}; THENCE North 00° 09' 01" VL~est, along the present 1~rumlDenton Future Mutual Boundary Line referenced in City of Denton Ordinance 2001-31 S, a distance of 745,53 feet to a point for a corner, said point being the northeast corner of the property described in Ordinance 2041-318 (Exhibit A (Tract 3}}and located on the south right-of-way line of F,M.1173; Annexation Traci PAA~ Page 5 of 5} THENCE easterly along course and distances of the south right-of way line of F,M, 1173, a total distance of 4,3$5 feet to the PaZNT OF BEGINNING and containing 1,480 acres of land, 4 i If EXHIBIT B i~ . ~s ~ i 1 t ~ F,M,1~73 ~ ~ ° t ~ ~ 3 r ~ ~..Ti.......~ ~ i ~ € ~ t j ti ,~O i 7 1 r ~y . ~4 y ~n 1 [ ' i s ~ i ...m s ~ r ? ;l i E} ' ~ ~ ~ ~ 4 _ ~ ` ~J~ i Tw W ~ e ~ti ~ w ~ a I titi ' _ ~ ~ U ! C r i ~ ~ 00 , ~ , y. ~ 4 t. ~ l r ~ n ~ ~ _ _ i'' ~ tt t ~ i _ ` ~ 3 F I•~ i i ~ t ~ I~ ,4 _ s } s 1 F t S ~ S 1~ 1 E h ~ i iti ' ; ~ i r ~ ~ ~ i. r~ i ~ ,E I i Ham~on .o i ~ 3 _ ~ ~1 ~ ~ i ' 1 _ ~ ~ ~ s _ _ ~ ~ ~ _ ~ U ..({~..W ~ G ~ _ 1 i ~1 'r~~ I ~f . Syr ....1....~ U.S. H~ hwa 3g _ 0 ~ w~.___.... i 4 ~ 't ~ ` ~4 II ' I '}1 4 7 't s \ ® FREESE C ~~y o~ De n~o n, Texas 1 <n~~c~o~5 PAA -147 Ac res N ~V ~ ~BE~ 0 500 1,000 2,000 3,000 i ~ After reco~• Ong return to: Jennifer Walters City Secretary 215 E, Mcl~in~ley Denton, T~ 76201 CHAPTER 212 TE~.AS LOCAL GOVERNMENT CURE NON-ANNEXATION AGREEMENT Tl1is 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 Jack Donald Cole ~"owners"}, the property owners of the hereinafter described p~•opel•ty the "Property"} in Denton County, Texas, sometimes individually or collectively refer~•ed to as "Party" or "Parties": Being 46,00 acres of land, more or less, situated in the William Bryan Survey, Abstract No. 145, Denton County, Texas, and more fully described in that certain Special Warranty Deed dated January 4, 1994 from Phillip Hale Cole and wife, Margaret Cole; Jack Donald Cole and wife, Nancy Jane Cole; and Cynthia Lou Cole to Phillip Hale Cole, Jack Donald Cole and Cynthia Cole, filed for record on January 10,1994 and recorded in Instrument Number 94-R0002455 of the Real Property Records ~of Denton County, Texas. Said 46.00 acres of land, more or less, is commonly known as ~DCAD Property I~ 3669, WHEREAS, the City has given notice of its intent to institute annexation proceedings for tla.e Property in accordance with Tex, Loc, Gov't Code ch. 43; and WHEREAS, Owne~•s desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Gwners and the City acl~lowledge 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 retards show that the Prope~•ty currently is appraised fo~• 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 'I WHEREAS, aWNERS represent that it is their intention not to develop the Property dux•ing 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 Pa~•ties are desirous of entering into an agreement authorized under Tee. Loc, Gov't Code section 43, 03 5; and WHEREAS, this Agreement is to be recorded in the Rea1~ Property Records of Denton County, Texas; ~ i~~11T a 1 ~ !ts zw~ NQw, THEREFGRE, in consideration of the mutual covenants contained herein, the Parties hereto ag~•ee as follows; Section 1, Continuation of ETJ Status, The City guarantees the continuation of the extraterritorial status of the Property and ag~•ees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Pa~•ties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The 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 far+m-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling maybe located or constructed on a lot smaller than five ~5}acres, The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Prope~•ty in satisfaction of Tex. Loc, Gov't Code section 212,172~b}. Section 3. Gove~~in Re lotions. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not ~•esult in interference with the use of the land for agricultural, wildlife management or forestry pu~~oses and does not prevent the continuation of a use established priol• to the effective date of this Agreement and which remains lawful at the time tlae 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 constl~.~ction, 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, Nox•th Central Texas, 3rd Ed,1998 ~NCTCQG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters l7, 28 and 29, and DDC Subchapter 24, adopting; a. I~~ternational Building Code, 2006 Edition with local amendments b. I~Zternational Residential Code, 2006 Edition with Appendix G and local amendments; c. The haternational Fire Code, 2006 Edition with local amendments; 2 d. International Plumbing Code, 206 Edition with local amendments; e. International Fuel Gas Code, 2~~6 Edition with local amendments; f, I~~te~~ational Mechanical Code, 2~~6 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. h~ten~ational Energy Conservation Code, 206 Edition with regional amendments; i. National Elect~•ic Code, 205 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code 28w383 I, - 437 and ~ ~ 17~ 141 21 as amended and as applicable; 1, Irrigation Standards, Denton Code §~28-441-~ 457; and gyn. 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, const~~uction and on-site operation requirements, contained within Chapter 26 of the Denton Code of ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained. within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Cade, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas Well platting, drilling and production standards, as contained in 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 Envi~•onmental Quality, as amended. Section 4. Develo anent Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set fo~•th in Section 2 shall remain in effect for a period of 18~ calenda~• days thereafter, or until the effective date of the annexation and 3 permanent zoning of the P~•operty, 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 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 furthez• 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 tl~e expiration of the 1 SO-day period during which the Development Plan is in effect, Section 5, A reement Deemed void in Part Voluntar Annexatian. ~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 puz•suant 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 ci~•cun~stances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subj ect to tlae requirements and procedures far an annexation plan, as ~•equired by Tex. Loc, Gov't Code section 43,052, o~• successor statute. Section 6. Notice of Sale, Any person who sells or conveys any portion of the Property shall, prio~• to such sale or conveyance, give 30 days written notice of this Agreement to the pzospective 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 ~~un with the Property and be recorded in the real property records, Denton County, Texas, Section S. Severabi~itV, hwalidation of any provision of this Agreement by judgment or court orde~• 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 Section 10, Change in Law, No subsequent change in the law regarding annexation shall affect tl~e enforceability of this Agreement or tl~e 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 Mu~t~ple Collies, This Ag~•eement maybe separately executed in individual counterparts and, upon execution, shall constitute one and same inst~~ument, Section 13, Term and Extension, The initial term of this Agreement shall be for a period of flue ~5} years from the Effective Date the "Tenn"~, Tl~e 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, Tlae Parties hereto have executed this agreement as of _ , 2010. f ~wn~~}~', , J 1 nald Cole THE CITY 4F DENTON, TEAS By; City anager, eputy City Manager, or Designated Representative THE STATE OF TExAS ~ CaUNTY OF DENTIN ~ This instrument was acl~.~owled ed before one on the ~ da o ~ l~.`l ~ y ~ , 2010, by Jack Donald Cole, ~111kW/~f k p ~ , ~ tate pf ek~~~ Notary Public, State of as 'i~ai~ry`~uhGc, ~ ,sti~ MyCammissian ~xpire3 ~''E~~i~~;~' ~ebr~ary 19, ZOI,a . S THE STATE OF TEXAS } CQUNTY OF DENTIN ~ This instr meet was ci~n w dged before 'on the day d Z~~ b y City Mana rlDeputy City Mana erCDesignated Representa ve, on behal of the City of Denton, Texas. o ry ~l tic ~e a Texas , : tart' p~h1i ~f°i;~oF S~; e~` ~ COmmfs~~~~ ~r►~~~~~ ~~c~m~~r ~x~~r~~ IQ APPROVED AS TO L~Cx:A~~4R~I~ ANNA Bt~R.~ES~,~~ CITY ATT~ ~ , ~M,. ~M~ ~ If I, 6 After recording return tr Jennifer waiters City Secretary 215 E. McKinney Denton TX 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CEDE NQN-ANNEXATIQN 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 Larry A, and Shirley N. Green ~"Gwners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referl•ed to as "Party" or "Parties": Being Tract 21, Little Brook Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 489, Page 273 of the Real Property Records of Denton County, Texas, containing 14,947 acres of land, more or less, situated in the James Haney Survey, Abstract No, 515, Denton County, Texas, more fully described in that certain Wan.•anty Deed with Vendor's Lien dated August 6, 1997 from Jimmy T, Simpson and Waulazita Simpson to Larry A. Green and Shirley N. Green, filed for record on August 13, 1997 and recorded in I~astrument Number 97-ROO55506 of the Real Property Records of Denton County, Texas. Said Tract 21, Little Brook Estates, is commonly known as DCAD Propert~~ 1D 61103. 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~n.owledge that dais Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Ag~.•eement; WHEREAS, tlae Denton Couzaty App~•aisal District records show that the Property currently is appraised fo~• 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, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc, Gov't Code section 43,035 authorizes a property owner and a municipality to ente~• into an agreement pursuant to Tex, 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 tlae municipality to apply developme~at ~•egulatians not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of ente~•ing into an agreement authorized under Tex. Loc, Gov't Cade section 43.035; and 1 d Now WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas, NOW, T~EREFGRE, 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 hereinafte~• 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 te~•m of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached fai•~11 or ranch dwellings, provided that no single-family dwelling maybe located or constructed on a lot smaller than five ~5} acres, The property owne~• 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 foz~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 Z 1 Z,17Z(b}, Section 3 , Gove~~.ing 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-ZOZO, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incot•porated therein ~Z} 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 ~NCTCC~G Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, ZS and Z9, and DDC Subchapter Z4, adopting; Z a. International Building Code, 2006 Editian with local amendments; b. Inte~~atianal Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fi~•e Code, 2x06 Edition with local amendments; d. Inte~•national Plumbing Code, 2006 Edition with local amendments; e. I~lternational Fuel Gas Code, 2006 Edition with local amendrn.ents; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapte~• 17, Denton Property Maintenance Code, as amended; h. I~~ternational Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Elect~•ic Safety Cade, 2003 Edition, with regional amendments; k. Minimum housing and buildi~ag standards, Denton Code ~§28-383 - 43 7 and § ~ 17-141- 210, as amended and as applicable; 1. Irrigation Standards, Denton Cade §~2SW441- 457; and m. MOVlllg ~1111d1ngs, Denton Code §~25-326 - 375; ~4} Sig~a 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 C~.•iteria 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; ~G} Applicable Flood Protection, Drainage and related standards, as contained within Chaptet• 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 NManagement 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 Cade, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and 3 applicable administrative standards of the Texas Railroad Commission and Texas Conunission on Envirolunental 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 perl~~anent 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 oz• plan is Inconsistent with the Development Plan. The owners expressly waive any vested ~•ights that might othe~•wise 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 P~•operty that is inconsistent with tl~e 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 Vold in Pa~•t• Voluntar Annexation. ~A} If an ~wne~• ~ les any application or plan of development for or otherwise corn~nences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc.: Gov't Code subchapter C-1, or other such other provisions govel~ing voluntary annexation of land as may then exist. owners expressly and i~•revocably consent to annexation of the Property under such circumstances. owners further agree tl~at 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 p~•ospective purchase~• 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~ 7G201 Section 7. Recordin . Tlais Agreement is to run with the Property and be ~•ecorded in the real property records, Denton County, Texas. Section S, Severability. Invalidation of any provision of this Agreement by judgment or cou~•t order shall not invalidate any of the remaining provisions which shall ~•emain in full force a~ad effect, 4 Section 9. Remedies. This Agreement maybe enforced by either ~wne~• ar the City by any proceeding at law or in equity, Failure to do so shall not be deemed a waiver to enforce tl~e 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 sha11 affect the enforceability of this Agreement or the City's ability to a~lnex the properties covered herein pursuant to Section 4. Section 11, Venue, Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multi le Co ies. This Agreement maybe separately executed in individual counterparts and, upon execution, shall constitute one and same instrument, Section 13, 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 upc~x~ mutual agreement of the Parties. Section 14. Survival of Covenants, The covenants in Sections 2, and 4 shall survive te~•mination of this Agreement, together with any other provisions, as maybe necessary for the implementation of those sections, ~ ~ ~ , ~ , , ~1, ~ ~:;.r Tl~e Parties hereto have executed this agreement as of , 2010, . ~~f ~~r~~. =-.w Gw~aers ry x ' ~ V ^ p.. I4 ~ ~ ~ ~ ! 1~1 ,I'~ Larry e . 4~. ~ r ~ Shirle N. Gre n , y .;.b~ .a THE CITY 4F DENTIN, TExAS ~ ~f, r r + ~ I ~ ~ By: City N1ana r, Deputy City onager, or Designated Representative 5 THE STATE OF TEAS } COUNTY OF DENTIN } A This instrument was acknowled ed before me an the ~~a of ` 2010 g y ~ ~ s by Lari-y A, Green. Notary Public, State of exas d THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acl~o led ed bef r i ~ r w g o e ~~e on the day of ~ ~ , 2~ 10, by Shirley N, Green. ? ~ ~ ~ r`'~ ~ Notary Public, State of , xas THE STATE OF TE~A.S } ~ ~ ~ COUNTY OF DENTON } Tl~is ins ~ ent was a l~n wl dged before ~ -he day o ,Z4 by , Man er{Deputy City Manag rlDesignated Representa , on behal of the City of Denton, Texas. ~~~t~~1r~y II AA~~ p wac~~as ~N' o ~ N~t~~, ~~abPic, State of rexa ~~1„„►~~~ ~~~~~~~r ~ ~ ~ ta~y Pub , State of Texas ~-.~r APPROVED AS T.a- LEGAL~~F~ ANITA BURGESS, CrTY ATT~RNE f , . B 6 I After recording return to: Jennifer Walters City Secretary 215 E. IV1cl~inney Denton, T~ 7241 CHAPTER X12 TExAS LGCAL GGVERNIVIENT 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 Richard A. Harris, 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 a called 2.5885 acre tract of land, situated in the B,B,B. & C.R,R. Company Survey, Abstract No, 141, Denton County, Texas. Said 2.5885 acre tract of land being that portion lying within the borders of the B,B,B, & C,R.R, Company Su~~vey, Abstract No. 141 and outside the city limits, of a called 13,071 acre tract of land described in warranty Deed dated February 23, 1993 from Robert w. Harris to Richard A, Harris, Jr,, filed for record on July 2, 1993 and recorded in Instr~iment Numbe~• 93 WR0043111 of the Real Property Records of Denton County, Texas. Said 2,5885 acre tract of land, more or less, is commonly l~nown as DCAD P~ope~t~ I.D 1 ~8~ 19, WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex, Loc, Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} far the te~.~rn of this Agreement; WHEREAS, Owners and the City acl~lowledge 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 Caunty Appraisal District records show that the Property cu~•rently is appraised for ad valorem tax purposes as land for agricultural or wildlife m.a~aagement 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 Propez~ty du~•ing the term of this Agreement; and WHEREAS, Tex, Loc, Gov't Cade 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 prope~•ty owner's covenant not to develop the prope~•ty and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desi~•ous of entering into an agreement authorized r~n.der Tex, Loc. Gov't Code section 43.035; and 1 ~~~~1T . . . . . . WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; Naw, 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 extraten•ito~•ial status of the Property a~1d agrees not to annex the Property far the term of this Agreement, as hereinafter defined, and any subsequent ~•enewals as nay be agreed upon by the Parties, subject, however, to the provisions of this Agreement, Section 2. Development Pla~~. The owners covenant and agree that use of the Property for the te1~11 of this Agreement and any extensions agreed to by the Pa~•ties shall be limited to farmWrelated and ranch~related uses and customary accessory uses, and single-family detached fal•~11 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 Agreeme~lt, Such uses and activities constitute the development plan for the Property in satisfaction of Tex, Loc. Gov't Code section 212, i 72~b}. Section 3, Gover~lin~ 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 ~•egulations does not result in interference with the use of the land for ag~•icultural, 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 lawfi~l at the time the Agreement is executed; Z011111g standards Col1ta111ed in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, ~ 999~ZO2o, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incol~orated therein ~2} The subdivision and development regulations contained withi~l 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 Govel~unents Standard Specifications for Public works Constz~.~ction, North Central Texas, 3rd Ed. i 998 ~NCTC®G Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 7, 2S and 29, and DDC Subchapter 24, adopting; a. I~1te~~xational Building Code, 2006 Edition with local amendments; 2 b, Inte~•~~ational Residential Code, 2046 Edition with Appendix G and local amendments; c. The International Fire Code, 2046 Edition with local amendments; d. Inte~~ational Plumbing Code, 2006 Edition with local amendments; e. Inte~~aational Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Qrdinances Chapter 17, Denton Property Maintenance Code, as amended; h. Intei~ational Energy Conse~•vation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k, Minimum housing and building standards, Denton Code ~~2SW3S3 - 437 and ~~17-141 - 210, as amended and as applicable; 1, Irrigation Standards, Denton Code § X25-441- 457; and m. Moving Buildings, Denton Code ~§25326 375; ~4} Sign regulations, as colata~ned w~th~n 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 t~rdinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton wate~• 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 tl~e Denton Code, as amended, and subchapters 17 tl~•ougl~ 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 Natuxal 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 ~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 Natu~•aI Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Colnnlission and Texas Commission on Environmental Quality, as amended. Section 4. Develo nlent Plan to Remain in Effect. Following termination of this Agreement for any reason, t11e Development Plan set forth in Section 2 shall remain in effect for a pe~•iod of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever fist occurs, The Parties covenant and agree that the City nlay 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 Pla~1. 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 Gwners 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 expi~'ation of the 1 So-day period during which the Development Plan is in effect. Section 5, A reenlent Deemed Void in Part Voluntar Antlexatian, ~A} If an Owner files any application or plan of development for or otherwise commences development of any part1o11 of the Property inconsistent with the Development Plan provided i~1 Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B} Thereafter the City may initiate an~lexation of the Property pursuant to Tex, Loc, Gov't Code subchapter C~ 1, or other such other provisions governing voluntary a~nlexation of land as may then exist. Gwners expressly and irrevocably consent to E annexation of the Propel~y under such ci~'cumstances. Owners fuz°ther ag~•ee that such annexation by the City s11a11 be deemed voluntary, a~ad not subject to the requirements and procedures for an a~ulexation plan, as required by Tex, Loc. Gov't Code section 43.052, or successor statute. Section 6, Native of Sale, Any person who sells or conveys any portion of the Property shall, prior to such sale o~• conveyance, give 30 days written notice of this Agreement to the prospective purchaser or gxantee. 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. Eln1 Street Denton, T~ 76201 4 Section 7, Recordin ,This Agreement is to r<ln with the Propez•ty and be recorded in the real property records, Denton County, Texas. Section S. 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 ar 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 Agreement thereafter, Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. Section l0. Change Law, No subsequent change in the law regarding a~.~exation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Sectio~a 4, Section l 1. Venue, Venue for this Agreement shall be in Denton County, Texas, Section 12, E~ecution,,,,'t i Z 1Vlultiple ,_.Copies. This Agreement may be separately executed in individual countel~a~•ts and, upon execution, sha11 constitute one and same instn.~ment. 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 tlae date the Agreement is executed by the City, The Tenn may be extended upon mutual agreement of the Parties. Section 14, Survival of Covenants, The covenants in Sections 2, and 4 shall survive .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 ~W11e1'S 'chard A. Hanis, Jr. 5 THE CITY OF DENTaN, TE~A.S By. City Manager, Deputy City Manager, or Designated Representative THE STATE OF TEAS ~ COUNTY OF DENTaN } This ~nst~~ument was acknowledged before me on the ~ ~ day of February, ~0 t o, by Richard A. Harris, Jr. ~ HAN ~ ~YN~ C~~MM~~~ Pu? , S State of '~aK~s ~ ~,cti~,, .'';,c.' ~otaN p~~41G, ~ ~Kp~r~s ~ My ~~~missia z ` February 19, 2d}~ -.,rt~~~,t~,~~ Notary P blic State of Texas ~'~rqi THE STATE QF TEXAS ~ COUNTY OF DENTON ~ This ins u ent was ac wledged befo e me on th .~a~ ..o.. ~ ,20 by City anager puty City ManagerlDesignated epresentative, on behalf of the City of Dento , e r~ y~~~b,~~RYP~j~~~r,/ J~N~~G~[ n~ YVA~I~It~ w Nate ~~blf C "tet~ ~f Texas a ,4y~ My ~~m~~ieslan expires y ` of ublic, t to of Texas ~G~~~~~I ~ ~ ~V i rf~,~r~¢l`~1~,` h p I g ANITA BURGESS, CITY., ~TT~~.NEY . ate"""'- f. ~~r After recording return to: Jennifer W alters City Secretary 215 E. Mcl~inney Dentona Tx 76201 CHAPTER 212 TExAS LOCAL G4vERNNIENT CODE NQN~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 Richard A, Harris, Jr, and Robert W. Harris, Individually and as Independent CoWExecutors of the Estate of Cornelia Catherine Hart•is ~"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 17,79 acre tract of land, more or less, situated in the B.B.B, & C,R.R. Company Survey, Abstract No. 141, Denton County, Texas, Said 17.79 acre tract being that pol•tion lying within the borders of the B,B.B, & C.R.R, Company Survey, Abstract No,141 and outside the city limits, of a called 42 acre tract of land described in that Special warranty Deed dated November 24, 1997 from Richard A, Harris, Jr. and Robert Woodson Harris to Cornelia C. Harris, filed for record on December 5, 1997 and recorded in Instrument Number 97- ROOS5337 of the Real Prope~•ty Reco~.•ds of Denton County, Texas, Said 17.79 acre tract of land, more or less, is commonly known as DC.AD ~'~o~perty ID .13.1807. WHEREAS, the City has given notice of its intent to institute annexation proceedings far tl~e Prope~•ty in accordance with Tex, Loc, Gov't Cade ch, 43; and WHEREAS, Owners desire that tl~e Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the te~•m of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and theiz• 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 WI-IEREAS, 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 tl~e property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent witl~ agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized ~u~der Tex, Loc. Gov't Code section 43,035; and 1 ~ ~~1T , WHEREAS, this Agreement is to be recorded in the Real Property Records of De~aton County, Texas; NOW, THEREFORE, in conside~•ation 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 Prope~.•ty and agrees not to annex the Property for the term of this Agreement, as hereinafte~• defined, and any subsequent renewals as maybe agreed upon by the Paz~ies, subject, however, to tl~e provisions of this Agreement, Section 2, Development Plan, The Owners covenant and agree that use of the P•opetty for the tell of tl~is Agreement a~ad any extensions agreed to by the Parties shall be limited to fa~•~~~-related and ranch-~•elated uses and customary accessory uses, and single-family detached farm or ranch dwellings, p~•ovided that no single-family dwelling play be located oz• const~,~cted on a lot smalle~• 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 Ag~.•eement, 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, Governn~Reg~zlations. 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 ag~•icultural, wildlife management or fo~•estry purposes and does not prevent the continuation of a use established p~•ior to the effective date of this Ag~•eement 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 incox~o~•ated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Crite~•ia 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 Cou~acil of Govertllnents Standard Specifications for Public Works Constrl~ction, No~•th 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; 2 a. International Building Code, 2006 Edition with local amendments; b. International Residential Cade, 2006 Edition with Appendix G and local amendments; c, The Tntet•~~ational Fire Code, 2006 Edition with local amendme~ats; d, Tnterzlational Plumbing Code, 2006 Edition with local amendments; e. Inter~aational Fuel Gas Code, 2006 Edition with local amendments; f, International Mechanical Code, 2006 Edition with local amendments g. Code of 0~•dinances Chapter 17, Denton Property NTaintenance 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 Z6 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 Chapte~• 30 of the Denton Code, as amended, and subclaapte~•s 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 ~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 Conu~~ission and Texas Commission on Environmental Quality, as amended. Section 4. Develo went Plan to Remain in Effect. Following termination of this Agreement for any reason, tl~.e Development Plan set fo~•th in Section 2 shall remain in effect fo~• a period of 180 calendar days thereafter, or until the effective date of the an~~exation and pezmanent zoning of the Property, whichever first occurs, The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with tl~e Development Plan. The owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, fi•om the submittal of such inconsistent development application, The Owners furthe~• agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect, Section 5. A reen~ent Deemed Void in Part Voluntar Annexation, ~A} If an Owner files any application or plan of development fo~• or otherwise conltnences development of any portion of the Property inconsistent with the Development Plan p~•ovided in Section 2, sections 1 and 3 of this Agreement shall the~•eupon become null and void, ~B} Thereafter the City may initiate a~u~exation of the Property pursuant to Tex. Loc, Gov't Code subchapter C~ 1, or othe~• such other provisions governing voluntary a~u~exation of land as may then exist. Owners expressly and ir~•evocably consent to annexation of the Property under such ci~•cumstances. Owners further agree that such anl~exation by tl~e City shall be deemed voluntary, and not subject to the requirements and procedures for an a~~~exation 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, prio~• to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee, A copy of the notice shall be forwa~•ded to the City at the following address: City of Denton, Texas ATTN; Director of Planning and Development 221 N. Elm Street Denton, Tx 76201 4 Section 7, Recordin .This Agreement is to run with the Property and be recorded in the ~•eal prope•ty records, Denton County, Texas, Section 8, Seve~abil may. 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 nay be 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, Chan e in Law. No subsequent change in the law regarding an~~exation shall affect the enfox•ceability ofthis Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section l l . Venue, Venue for this Agreement shall be ~n Denton County, Texas. Section l2, Execution in Multi le Co ies. Tl~is Agreement may be separately executed in individual counterpa~•ts and, upon execution, shall constitute one and same inst~~tment, 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 tl~e Agreement shall be the date the Agreement is executed by the City, The Term ma be y extended upon mutual agreement of the Parties. Section 14, Survival of Covenants, The covenants in Sections 2, and 4 shall s~u~vive termination of this Agreement, togethe~• with any other provisions, as may be necessary for the implementation of those sections. i , The Parties hereto have executed this agreement as of ~ owners Richard A. Harris, Jr b ' Robert w, Harris 5 THE CITY OF DENTON, TEXAS By' City Manager, Deputy City Manager, or Designated Representative THE STATE OF TEXAS } COUNTY OF DENTON ~ This instrument was acknowledged before nae on the day of February, 2014, by Richard A. Harris, Jr„ Mp~1S ~ ~YN~ C~~Q ~'exas ,`~ti1'gy~'~~~~~'S~~P ,State i(~ ~Ct~ry ~j~1C z~~ : ISS1An ~x~ ~ . ; : My Camm x + ' ~ ~ Notary ~blic, State of Texas ~~;r;,tt., `~i;~ ~g~~~tY 19, yr illlt~~~~ THE STATE OF TEXAS } COUNTY OF DENTON ~ This Instrument was acl~nowledged before me on the day of February, 2010, by Robert w. Ha~~ris. r,w,~.,a~;w~,~~..,~ ,,,~~~ra.-~-~ GI.E~fiMO~lS 1111! I!, ,~i~~~tpl~~~,~S~E~'HA~I~ LEIS ~ I~~C~S • . Kota Pu , ' ;r`; N hliC St t0 ' ; ° My Commission Expir©s 3 ~i~i~►ii Notary Pu lic, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON ~ This instrument was ackna dged befog me on th ~ day of ,20 i r by , city Manager eputy City ManagerlDesignated epresentativ , on behalf of the City of Denton, Texas, ~iii11111~~~ rrr Nat~ry ~u~ll~, t~t~ ~f `C~x~s a ~~Ij~r~~ , _ ~~~~~b~r ~ ~ o ry Pu c, State of Texas APPROVED AS TO LEGAL FORM; ANITA BUR~F~~ ATTORNEY .~p BY~~~ After recording return to: Jennifer waiters City S ecretary 21 S E, Mci~inney Denton, T~ 7201 CHAPTER Z1Z TExAS LOCAL GOVERNMENT CGDE 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 ~tl1e "City"} and Richard A, Harris, Jr, and Robert w. Harris, individually and as I~~dependent Co-Executors of the Estate of Co~~elia Catherine Ha~~is ~"Owners"}, the prope~•ty owners of the hereinafter described property ~tl1e "Property"} 111 Denton County, Texas, sometimes individually or collectively re e~Te to as "Party or "Parties": Being a called 32,094 acre tract of land, more or less, situated in the B,B,B. S~ CR.R, Company Su~.~vey, Abstract No, 141, Denton County, Texas, Said 32.094 acre tract being that portion lying within the borders of the B.B,B, & C.R.R. Company Survey, Abstract No, 141 and outside the city limits, of a called 129, 507 acre tract described in Tract One of that certain Special wananty Deed dated November 24, 1997 from Co~•nelia C, Ha~•ris to Robert Woodson Harris, Bled for record o~1 December 5, 1997 and recorded in instrument Number 97~ ROOS533~ of the Real Prope~•ty Records of Denton County, Texas, Said 32,094 acre tract of land, more or less, is commonly ktlown as DCAD Properly ID 3S~SZ• SAVE & ExCEPT; That portion of a called 42 acre tract of land that lies within the borde~•s of the B,B,B, & CR.R. Survey, Abstract No. 141, described in that Special warranty Deed dated November 24, 1997 from Richard A. Harris, Jr, and Robert Woodson Harris to Cornelia C, Harris, filed for record on December 5, 1997 and recorded in instrument Number 97MR0085337 of the Real Property Reco1•ds 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 acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of tlae 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 ter~~~ 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. Lac. Gov't Code section 1  212.172 for purposes of retaining land i11 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 ente~•i11g into an agreement authorized under Tex, Loc, Gov't Code section 43,035; and WHEREAS, this Agree111ent is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the rllutual covenants contained 1lerein, the Parties hereto agree as follows: Section 1. Cont111uat1o11 Of ETJ Staters. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to anllex the Property for t11e term of this Agreement, as hereirlafter defined, a11d 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 treat use of the Property for the term of t11is Agreement and any extensions agreed to by the Parties shall be limited to farm-1•elated and ranc11-related uses and customary accessory uses, and single-family detached fa1~11 or ranch dwellings, provided that 11o single-family dwelling may be located or• constrlrcted on a lot srllaller than five ~5} acres. The property owner lnay apply to tree City fol• division of the land subject to this Agreement into parcels, each of wllicll is at least five ~5} acres i11 size, for the purposes set forth in this section without being in violation of this Agreement. Sucl1 uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc, Gov't Code section 212.172~b}, Section 3. Gov_ ernin~Reguations, The following City regulations shall apply to any development of the Property, as maybe amended from time to time, provided that t11e application of such regulations does not result in interference with the use of the land for• agricultural, wildlife zllanagenlent or forestry purposes and does not prevent the continuation of a use established prior to t11e 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, illcludirlg but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~2} T11e subdivision and development regulations contained within the Denton Developrnerlt Code, as arnerlded, together with applicable Desigrl Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and watel•Iwastewater}, Denton Mobility Plan and other approved 1Vlaster Plans of the City of Denton, Texas, and the North Central Texas 2 Council of Governnle~lts Standard Specifications for Public worlfs Construction, North Central Texas, 3rd Ed,1998 ~NCTCC~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, 2006 Edition with local amendments; b. Internationai Residential Code, 2006 Edition with Appendix G and local amendments; c. The hltel~lational Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local anlendme~lts; e, International Fuel Gas Code, 2006 Edition with local ame~ldments; f. Inter~lational Mechanical Code, 2006 Edition witll local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; l1. I~1te~~lational Energy Consezvation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. National Electric Safety Code, 2003 Edition, with regional amendme~lts; l~. Minlmunl 1lousrng and build~zlg standards, Denton Code §§28W3S3 - 437 and §§17W141 210, as amended and as _ applicable; 1. Irrigation Standards, Denton Code § §2$-441- 457; and n1, Moving Buildings, Denton Code § §28-326 - 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water a~1d wastewater connection, constr~~ction and on-site operation requireme~lts, 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 Cade, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Co~llmission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Cllapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton 3 Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Connnission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Il~anagement 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 nlent 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 calenda~• days thereafter, or until the effective date of the annexation and pennanent 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 witl~ 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 farther agree that no use conunenced 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 SOWday period during which the Development Plan is in effect. Section 5. A reement Deemed Void in Part Voluntar Annexation, ~A} ~f an Owner files any application or plan of development for or otherwise conunences development of any portion 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} Thereafte~• the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C~1, or otl~er such other.provisions governing~voluntary a~ulexation 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 aiu~exation 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; 4 I City of Denton, Texas ATTN: Director of Planning and Development 2~ 1 N, Elm Street Denton, Tx 7620 ~ Section 7. Recordill ,This Agreement is to run with the Property and be recorded in the real property recol•ds, Denton County, Texas. Section 8. Sev_elabilitV. hlvalidation of any provision of this Agreement by judgment or court order sllall not invalidate any of the remaining provisions which shall remain in full force a11d effect. Section 9. Remedies. Tl1is Agl•eemellt maybe enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so sllall not be deemed a waiver to enforce the provisions of this Agreement thereafter, Entl•y 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 regal•ding annexation s11a11 affect the enforceability of this Agreell~ent or the City's ability to annex the properties covered herein pursuant to Sectiol~ 4. Section 11, Venue. Venue for this Agreement shall be i11 Denton County, Texas. Section 12, Execution In I1~ul~iple Codes. T11is Agreement may be separately executed i11 iladividual coullterpalts and, upon execution, shall constitute one and same il~strl~ment, Section 13. Tern a11d Extellslon, The initial telr11 of this Agreement shall be for a period of five ~5} years from the Effective Date ~tl1e "Term"}, The Effective Date of the Agreement shall be the date tl~e Agreement is executed by the City, The Term may be extended upon mutual agreement of the Parties, Section 14. Survival of Covenants. The covenants in Sections and 4 shall sul•vive tel•mination of this Agreement, together with any other provisions, as ma be Y necessary for the implementation of those sections, The Parties hereto have executed this agreement as of Owners ~ Ric •d A. al•rls, Jr ~ Robel•t w. Harris 5 THE CITY 4F DENTIN, TEXAS By; ~ City Manage ,Deputy City Manager, or Designated Representative Tt3E STATE OF TEXAS } COUNTY ~F DENTON } This instrument was acknowledged before me on the day of February, 2010, by Richard A. Harris, Jr.. ~~'•y►T,`r'ryAr~,,S1EP~lAN1E LYNN C~~MMQNS . , . n ± Notary Public, State of Texas , ` ` .t ~ My Cammissian Expires x 201 a '~~-,r+,jn,t~~,~ ~e~tu~ty 19, +11,7111111 Notary blic, State o exas THE STATE OF TEXAS } COUNTY QF DENTDN } This instrument was acknowledged before me on the day of February, 2010, by Robert W, Harris. 4,,•,~Pr~u.4~~,, S~~PHAN1~ LYNN GLEMM~NS ~ ~;n'~ Notary Public, State of Texas ?y My Comm'tssipn Expires ~ ' p~',%~'~~ ~t Febr~ia~y 19, 2013 Notary blic, State of Texas THE STATE OF TEXAS } COUNTY OF DENTIN } This ins nt was acknawl d ed before ' eon the o~' 20 by , City an erlDeputy Ci ManagerlDesignated Repr ~ tative, on beh f of the City of Denton, Texa . d r~~`4yYA~j~~i~ J~NNI~~~ K. WA~T~S 1an ~r w Natary ~'t~~lic, tsta of Tens rN~~, ~1d,~ My ~c~r~rr~ils~for~ ~cpfres ary ubl~ , fate of Texas ~i~~ i~~ PR VED AS TQ LEGAL FURM; ANNA BURGESS, C~~'Y._~TT~RNEY ~.ra 6 F After recording retu~•n to. Jennifer Walters City Secretary 215 E. McKinney Denton, Tx 7G201 CHAPTER Z12 TExAS LOCAL G[~VERNMENT CGDE NON~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 ~tl1e "City"} and Richard A. Harris, Jr. and Robert W. Harris, I~~dividually and as Independent Co-Executors of the Estate of Cornelia Catherine Hanis ~"Owners"}, the property owners of the hereinafte~• described property ~tl~e "P~•operty"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Pa~•t~es": Being a called 23.42 acre tract of land, more or less, situated in the R, Whitlock Survey, Abstract No, 1403, Denton County, Texas, and being that portion lying within the borders of the R. Whitlock Survey, Abstract No, 1403, of a called 42 acre tract of land described in that Special Wan•anty Deed dated November 24, 1997 from Richard A. Hai~ris, J~•. and Robe1•t Woodson Harris to Cornelia C. Harris, filed for record on December 5,1997 and recorded in Inst~•ument Number 97-80085337 of the Real Property Records of Denton County, Texas. Said 23.42 acre tract of land, 1a~.ore or less, is commonly known as DCAD .Property ID 131799. WHEREAS, the City has given notice of its intent to institute annexation p~•oceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WfIEREAS, Owners desire that the Property remain in the City's ext~.•aterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Owners and the City acl~~owledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns fo~• 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 teen of this Agreement; and WI-IEREAS, Tex. Loc, Gov't Code section 43,035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212,172 for purposes of retaining land in the municipality's ETJ in exchange far the property owner's covenant not to develop the prope~•ty and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Pa~•ties are desirous of entering Into an agreement authorized under Tex. Loc. Gov't Code section 43.03 5; and 1 ~ ~~~T' .  WHEREAS, tl~is Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFGRE,1n cons~dez•ation 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~~itorial status of the Property and agrees not to annex the Property for the terns 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 Prope~•ty 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 fa~~n or ranch dwellings, provided that no single-family dwelling maybe located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least 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 fo~• the Property in satisfaction of Tex. Loc. Gov't Code section 212.172~b}, Section 3. Goye~~ling ~e ug ~at~o~~s, The following City regulations shall apply to any development of the Property, as maybe amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remai~as lawful at the time the Agreement is executed, ~1} Zoning sta~adards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the ~RD-5} Zoning Dist~•ict regulations, and standards incorpo~•ated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Crite~.•ia 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 Goveti~nlents Standard Specifications for Public worl~s Constr~~ction, North Central Texas, 3~•d Ed.199$ ~NCTCC~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, 2006 Edition with local amendments; 2 b. Intel~ational Residential Code, 2006 Edltlon with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; d. Il~ternational Plumbing Code, 2006 Edition with local amendments; e, Intelnational 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; la. 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~. Mil~imum lousing and building standards, Denton Code ~§25-383 - 437 and ~§17-I41 - 2i0, as amended and as applicable; 1. Irrigation Standards, Denton Code §~28-44I - 457; and ln. Moving Buildings, Denton Code §§25-326 - 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 2I of tlae DDC, as amended, the Denton water and wastewater Criteria Manual, i 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 thl•augh i 9 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirelalents of the Texas Water Cade, as amended, Texas Natural Resources Code, as amended, applicable administrative standa~°ds of the Texas Con~nlission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administl°ation, as amera.ded; and 3 ~7} Gas Well platting, drilling and production standards, as contained in X35,16.19 and subchapter 22 of tlae 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 Wate~• Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental duality, as amended. Section 4, Develo ment Plan to Remain in Effect, Fallowing 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 pe~•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 during such period if such application or plan is inconsistent with the Development Plan, The Owners expressly waive any vested ~•ights that ~niglat otherwise arise under local oz• state law, or by common law, from the submittal of such inconsistent development application, The Owners furtl~er agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence priar to the expiration of the 184-day period during which the Development Plan is in effects Section 5. A reement Deemed Void in Part' Voluntar Annexation. ~A} If an Owner ~ les any application or playa of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall the~•eupon become null and void. ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex, Loc. Gov't Code subchapter C~1, or othe~• such othe~• p1•ovisions governing volunta~•y annexation of Land as may then exist. Owners expressly and irrevocably consent to annexation of the Prope~•ty under such circumstances, Owners further agree that such annexation by the City shall be deemed voluntary, and not subs ect 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 Planaaing and Development 221 N. Elm Street Denton, T~ 76201 4 Section 7. Recordin .This Agreement is to ~1~n with the Property and be recorded in the ~•eal property ~•ecords, Denton County, Texas, Section S. Seve~•abilit ,Invalidation of any provision of this Ag~•eement by judgment or cou~•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, Section 10. Chan e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement o~• the City's ability to an~lex 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 instr~~ment, Section 3. Tea.~n and Extension. The initial te~~.n of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"}, The Effective Date of the Agreement shall be the date the Agree~nezat is executed by the City, The Term nay be extended upon mutual agreement of the Parties, Section 14, Survival of Covenants. The covenants in Sections 2, and 4 shall survive 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 , Qwners i Richard A, Ha~~.is, Jr Robert w. Ha~•~•i s 5 THE CITY OF DENTON, TEXAS By' City anag r, Deputy City anager, or Designated Representative THE STATE OF TEXAS } COUNTY OF DENTaN ~ This lnstru~nent was acl~nowledged before me on the day of February, 20 t 0, by Richard A. Harris, Jr.. y1lp17111~~ $j~pHANtE LYl~~J CIFMMONS ~~~~~~~Qi i;~~j'••• ~ : Notary Public, State of Tens , • ' ~ ~ My Commission ~xpiras '~•:;+''nf~k~ Febtu~Ey 14, 2813 ` Notary Pu ic, State of Texas ' THE STATE OF TEXAS } COUNTY OF DENTaN } This instrument was aci~nowledged before me on the day of February, 20 ~ 0, by Robert W. Harris. ,1} Feb~~~~Y l9~ ''~rliu!!►~~ ''4'` ' Notary blic, State of Texas THE STATE OF TEXAS } COUNTY OF DENTaN } This ins nt was acl~no ledged be ore Xne on the m,, d-ay~4 , 20 by ~ , anager putt' City Ma gerlDesignated Repr entative, on b alf of the pity of Denton, Texasd E 1 ~ ! ~~tiystlrirr~~ ~ ~°~`tia~Y~G~~% JCNNI~~R WA~T~~S ~ ~ a 4' '`f~' axy Publ State of Texas ~ Natary P~~li~, ~t~t~ of 1'~xas N: My C~n~r~~~~icar~ ~c~ir~~ ~~lPI'~r~,~~ j~,`r~a ANNA BURGES-S CITY~.ATTO~ EY r•. pia Y -rte ~ f~ r 6 After reco~•ding return to 0 Jennifer welters City Secretary lmiscellaneousllOlanneYationslha~ris paa2 south, line 37 east.doc 215 E o McKinney Denton, T~ 76201 CHAPTER 212 TE~A.S LUCAL GOVERNMENT CURE NUNWANNE~A.TIUN 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 Richard A, Harris, Jr, and Robert w. Harris, Individually and as Independent Co-Executors of the Estate of Cornelia Catherine Harris ~"Cwners"}, 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 37,3243 acres of land, more or less, situated in the R. whitlock Survey, Abstract No. 1403, Denton County, Texas, and being that portion lying within the borders of the R, whitlock Survey, Abstract No, 1403, of a called 129.SO7 acre tract described in the First Tract of that certain warranty Deed dated January 21, 1980 from Richard A. Harris to Cornelia C. Harris, filed for record on February 5,1954 and recorded in Volume 999, Page 464 of the Real Property Records of Denton County, Texas. Said 37.3243 acres of land, more or Tess, being that portion lying East of the railroad of DC.AD Property ID 39147. wHERFAS, 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, 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 wHER.EAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc, Gov't Code section 43.035; and 1T 1 s:lour ~ocumentslmiscellaneous1101annexationslhanis paa2 south, line 37 east,doc WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NC]w, 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 far 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 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 five ~5} acres, The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Property in satisfaction of Tex, Loc. Gov't Code section 212.172~b}, Section 3. Governing unions. 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 purpases 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 works Construction, North Central Texas, 3rd Ed.1998 ~NCTCDG 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 documentslmiscellaneousll0lannexatianslharris paa2 south, Tine 37 east,doc b, International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f, International Mechanical Code, 2006 Edition with local amendments g, Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i, National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28383 - 437 and §§17-141 - 210, as amended and as applicable; 1. Irrigation Standards, Denton Code ~§28-441 _ 457; and m. Moving Buildings, Denton Code §§28-326 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on~site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources 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 documentslmiscelLaneousllDlannexationslharris paa2 south, line 37 east.doc ~7} Gas Well platting, drilling and production standards, as contained in ~3 5.16,19 and subchapter 22 of the Denton Development Cade, 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 Environ.m.ental Quality, as amended. Section 4. Develo ment Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A reement Deemed Void in Part Volunta Annexation. ~A} If an Owner files any applicatian 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, priar 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 documentslmiscellaneausll0lanne;~atianslharris paa2 south, line 37 east.dac Section 7. Recording, This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section S, Severabilit~, Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9o 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. Chun e~~, in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4~, Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12, Execution in Multiple Coy 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 ~ ~ ~ ~d Chard A, Ha 1S, Jr ~ Robert W, Harris 5 s:lour documentslmiscellaneousllalannexationslharris paa2 south, line 37 east,doc THE CITY OF DENTON, TE~A.S By' City Manag ,Deputy City Manager, or Designated Representative THE STATE OF TEAS } COUNTY OF DENTON } This instrument was acknowledged before me on the ~ day of February, 2010, by Richard A. Harris, Jr. , RUB{,~ ~IAITI Natarv Puhll~ State ~ ~ 01 ~P~ r ~ * MY ~Gii~Mi~sioN ~~P~R~g ~r~ ° ~ ~ ~ Nota Public, State of Texas THE STATE OF TEAS COUNTY OF DENTON } This instrument was acknowledged before me on the , ~ day of February, 2010, by Robert ~V. Harris, r I~Nlyhi Notary Pubiic State of Tex ~ ~ ~ w~ , ~ MY Cd~IMiSSIQN ~KPIR~3 r ~~f~o~ 4~+' ~&►~h ~~~3 Notary Public, State of Texas THE STATE OF TE~A.S } COUNTY OF DENTON } This instrument was ackno 1 ged before m on the day of ,20 by ~ City Manager eputy City ManagerlDesignated presentative, on behalf of the City of Denton, Texas. i ,,t~tr1,, ~Yp JNN1F~~ K~ WAI.1~~~ Notary ~'ub11~, tats pf Texas ~ otar Pub State of Texas l APPROVED AS TO LEGAL FOR.NI: ANITA BURGESS; CITY ATT ORNEY~~ .~~_..r..~TM_ ._M. - !A w~ Y. ~w . 6 After recording return tcr~ Jelanifer walte~°S ;Imiscellaneousll0lanne~cationslha~ris aa2 south line 37 ~vest,doc City Secretary 2 ~ 5 E. McKinney Denton T~ 76201 CHAPTER Z12 TExAS LnCAL GOVERNMENT C[~DE NGN~ANNExATI4N AGR,LEMENT 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 Richard A, Harris, Jr, and Robert W. Harris, Individually and as Independent Co-Executors of the Estate of Cornelia Catherine Harris ~"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 21,8257 acre tract of land, more or less, situated in the R, Whitlock Survey, Abstract Na, 1403, Denton County, Texas, more fully described in the Second Tract of that certain warranty Deed dated January 21, 1980 from Richard A, Harris to Cornelia C. Harris, filed for record on February 5,1980 and recorded in Volume 999, Page 464 of the Real Property Records of Denton County, Texas. Said 21,8257 acre tract of land, more or less, being that portion lying west of the railroad of DC~4D Property ID 3~14~. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Texe 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, 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 WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; lIT 1 . U6. s:lour documentslmiscellaneous1101annexationslharris paa2 south, line 37 west,doc NOw, THEREFaRE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. 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. Governing Re u~g lations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~ 1 }Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public 'forks 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; 2 s;laur dacumentslmiscellaneopsllOlannexa~ianslharris paa2 south, line 37 ~~rest,dae c. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local an~.endments; 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 ~ 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 on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, as contained in ~ 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 documentslmiscellaneousll0lannexationslharris paa2 south, line 37 ~vest,dac the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Comn~.ission an 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 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,Par~,;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- I, 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 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 documentslmiscelianeous1~01annexationslharris paa2 south, line 37 ~vest.doc Section Severabi~. 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 farce and effect, Section 9, Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or inequity, Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter, Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. 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 I2, 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, a The Parties hereto have executed this a reement as of , g Owners ~t w _ ' chard A, arri s, Jr n - ~ ~ Robert ~V. Harris 5 s:laur dacumentslmiscellaneous1101annexationslharris paa2 south, line 37 tivest.dac THE CITY OF DENTON, TEXAS By; City Manager, Deputy City Manager, or Designated Representative THE STATE OF TEXAS ~ COUNTY OF DENTON ~ This instrument was acknowledged before me on the day of February, 2010, by Richard A, Harris, Jr, }1~ , AG r • ~ , Natar Publlc S Cq~fMlS$IDN~~~lA~9 ~ ao~a q Notary Public, State of Texas ~ 'THE STATE OF TEXAS ~ COUNTY OF DENTON ~ This instrument was acknowledged before me on the day of February, 2010, by Robert W, Harris. ~ , 0 ~o~~~~,G~~~ CNA~ T~ ~ , ~ N~t~~y Pub~icaE~t9 Ol .1~~ w ~A MY CU~IMlSSIDN ~RpIR~ ~r~°''~* ~~C°~ Notary Public, State of Texas r F -`~f~ .M THE STATE OF TEXAS ~ COUNTY OF DENTON ~ This instrument was ackn d ed befor me on the - ,2o by _ ~ City N~anager putt' City ManagerlDesignated epresentative, o behalf of the City of Denton, ~~~t~iE~rii~, K~ W~~r~~~ h~~'~~~~ ~~~(~4 , Notary ~uk~lic, ~t~t~ of'~e~as My ~~r'~~r~i~~ior~ ~x~ir~s r•,~r~ ~~~m~~r ~ q~ ~ of ry Public, t . e of Texas '~~fll1~ ~+~e APPROVED AS TO LEGAL FORM: ANITA BURGESS,- CITY~~AT~ EY BYE - - ,~t ~ ~r s i Afte~° recording return t~~ Jennifer Walters City Secretary 215 E, Mc~inney Denton, Tx 76201 CHAPTER 2~I2 TExAS LOCAL G(]VERNMENT CGDE NGN-ANNExATIGN AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex, Local Gov't Code by and between the City of Denton, Texas ~tl1e "City"} and Richard A. Harris, Jr, and Robert w, Harris ~"Gwners"}, the property OW11e~°s of the hereinafte~• desc~•ibed property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties"; Being a called 31,2352 acre tract of land, more or less, situated in the B,B,B, & C.R,R, Company Su~•vey, Abstract Na.141, Denton County, Texas. Said 31,2352 acre tract being that portion lying within the borders of the B.B,B, & C,R.R. Company Survey, Abstract No, 141 and outside of the city limits, of a called 96,5969 ac~•e tract of land described in Tract Two of that certain warranty Deed dated February 23, 1993 from Richard A. Ha~•ris, Jr. and Robert w, Harris, Co- Independent Executors of the Estate of Richard A, Harris, Deceased to Richard A, Harris, Jr,, Individually and Robez~t W. Harris, Individually, filed for record on July 2, 1993 and recorded in Instrument Number 93-R0043110 of the Real Property Records of Denton County, Texas, Said 31,2352 acre tract of land, more or less, is commonly known as DC~4D P~oper~~~ ID 36979, SAVE & ExCEPT: A portion of a called 13.071 acre tract of land, situated in the B,B.B. & C.R.R. Company Survey, Abstract No, 141 and the N. wade Survey, Abstract No.1407, Denton County, Texas, and being more fully described in that certain Warranty Deed dated February 23, 1993 fiom Robert w, Ha1•ris to Richard A, Hargis, Jr., filed for record on July 2,1993 and recorded in Instrument Number 93-R0043111 of the Real Property Records of Denton County, Texas. SAVE & ExCEPT; A portion of a called 7.937 acre tract of land, situated in the B.B,B. & C.R,R, Company Survey, Abstract No. 141 and the N. Wade Survey, Abstract No, 14x7, Denton County, Texas, and being more fully described in that certain warranty Deed dated February 23, 1993 from Richard A, Harris, Jr, to Robert w. Harris, filed for record on July 2, 1993 and recorded in Instrument Number 93-R0043112 of the Real Property Records of Denton County, Texas. wfIEREAS, 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 desi~.•e 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; 1 ~ ~1IT WHEREAS, the Denton County Appraisal District records show that the Property cu~.•rently is appraised for ad valo~•ena tax purposes as land for ag~•icultural or wildlife management use, or timber land pursuant to Tex, Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS rep~•esent that it is their intention not to develop the Prope~•ty during the te~•n1 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 tl~e property owner's covenant not to develop the property and to autho~•ize 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 maybe agreed upon by the Parties, subject, l~owever, to the provisions of this Agreement. Section 2. Development Plan, The Owners covenant and agree that use of the Property for the tertn of this Agreement and any extensions agreed to by the Parties shall be limited to faun-related and ranchWrelated uses and customary accessory uses, and singleWfamily detached fans or ranch dwellings, provided that no single~family dwelling maybe located o~• constructed on a lot smaller than five ~5~ acres. The property owner play 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, Gover~ling Re u~ons, The fallowing City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land far agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of tlais Agreement and which remains lawfi~l at the time the Agreement is executed; 2 ~1} Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, ~ 9992020, 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 wanks Construction, North Central Texas, 3rd Ed,1998 ~NCTCGG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting. a. hnternational Building Cade, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c, The h~ternational 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. Interl~ational Mechanical Code, 2006 Edition with local amendments g. Code of Grdinances Chapter 17, Denton Property Maintenance Code, as amended; h, International Energy Conse~~vation Cade, 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 §§28-353 437 and 17-141 - 210, as amended and as applicable; 1, h~rigation Standards, Denton Code ~~28-441- 457; and m, Moving Buildings, Denton Code §~28-326 - 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; 3 ~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; Applicable Flood Protection, D~•ainage 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 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 tl~e Federal Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, as contained in §3 5.1 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 Conunission on Environmental Quality, as amended. Deyelo ment Plan,., Section 4, _ to Remain in Effect, Following termination of this Agreement for any reason, the Development Plan set fo~•th in Section 2 shall remain in effect for a period of 1 SO calendar days thereafter, or until tl~e effective date of the alulexation and pez~.nanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or lan of p 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 ex ressl p y waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent develo meet a lication. The Owners p pp 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 ~ SO~day period during which the Development Plan is in effect. Section 5. A reement Deemed Void in Part Voluntar .A~nnexatian. ~A} If an Owner files any application or plan of development for or otherwise con~~~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. 4 ~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 volunta~•y ar~:~exation of land as nay 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 proceduzes for an alu~exation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute, Section Notice of Sale, Any person who sells or conveys any portion of the Property sl~all, 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 n.~n with the Property and be recorded in the real prope~•ty 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 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, C_hal~ge_in,,,Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4, Section 11, Venue. Venue far this Agreement sha11 be in Denton County, Texas. Section 12, Execution in Multi le Co ies, This Agreement may be separately executed in individual counte~~arts and, upon execution, shall constitute one and same instn.~ment. Section 13. Term and Extension. Tlae initial term of this Agreement shall be for a period of five ~5} yea~•s from the Effective Date the "Tenn"}. The Effective Date of the Agreement sha11 be tla.e date the Agreement is executed by the City, The Term maybe extended upon mutual agreement of tl~e Parties, 5 Section ~4. Survival of Covenants. The covenants i~a Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of tl~ose sections, The Pa~•t~es hereto Have executed th~.s agreement as of . Owners Richard A. Hat~is, Jr ~ ~ Robert w. Harris THE CITY OF DENTON, TEAS By; City Manager, Deputy City Manager, or Designated Rep~•esentative THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the 15th day of January, 2010, by Richard A, Harris, Jr. y~~ C~EMMD~S ~~~.+~'t~i PaR~~y~ ~`~~NA~1~ ~ ~l~ Ofi '9X85 1 1 : ~1ot~ry i'ublic, St fires ~ ' : ; ; ~ My Cammiss'~an ~x~ ' y~g ~a~a i s.~~{~ . ~ ti~+` FBbtUa~ `'~r~iir►`~• Natary ublic, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the 1 S day of January, 2010, by Robert W. Ha~~ is. ~r ~w.. C~EMMDNS ~Y~~ Notary blic, State of exa A'r~ 0~ T9x85 ' 'Rl'f'. (~ntaN P~rk~iic, State ~ 'r = ~~y Commis9ion ~Xpiras 13 %~'f~ ..~.'~F,• Feb~u~~Y t '~~4irniN~~~ TAE STATE nF TEXAS ~ COUNTY OF DENTIN ~ This ins ent was acl~n wledged More eon the day ~ , 2010, by City Mana erlDeputy C'ty ManagerlDesignated Repr ntative, on ehalf of the Ci of Dento , 4 ~~'`~~pU'~i- ~~~~N~~~~ WA~T~R~ ota Public take of Teas ~a` ~P,, d ~ r 4 ~ * ~i ~ Nnt~ry ~u~l~~, State ~f Texas ~ My ~~~~f~~l~~i~r~ ~x it s ~r+a~ t~ 7 After recozding retui~ to e Jennifer Walters City Secretary Miscellaneous`101anne~ationslharris paa2 south, line 38 west,doc ~ 15 E, McKinney Dentonq Tx 76201 CI~APTER 212 TExAS LOCAL GOVERNMENT CGDE NGN~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 Richard A, Harris, Jr, and Robert w. Harris, Individually and as Independent Co-Executors of the Estate of Cornelia Catherine Harris ~"awners"}, 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 33,4035 acres of land, more or Less, situated in the R, Whitlock Survey, Abstract No. 1403, Denton County, Texas, and being more fully described in Tract One of that certain warranty Deed dated February 23, 1993 from Richard A. Harris, Jr. and Robert ~V. Harris, Co-Independent Executors of the Estate of Richard A. Harris, Deceased to Richard A. Harris, Jr., Individually and Robert W. Harris, Individually, filed for record an July 2, 1993 and recorded in Instrument Number 93-R0043110 of the Real Property Records of Denton County, Texas. Said 33.4035 acres of land, more or less, being that portion lying west of the railroad of ~C~4D Property ID 3950. 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 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, aWNERS 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 E~lI~T 1 l° J s.laur documentslmisceLlaneous1101annexationslharris paa2 south, line 38 west,doc 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 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 may be agreed upon by the Parties, subject, however, to the provisions of this Agreement, Section 2, Development Plan, The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subj ect to this Agreement into parcels, each of which is at least f ve ~5} acres in size, for the purposes set forth in this sectian 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 ulations. The following City regulations shall apply to any development of the Property, as may be amended from tune to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~ 1 }Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, 1999-2020, 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. lnternationai Building Code, 240 Edition with local amendments; 2 s:lour documentslmiscellaneousll alannexationslharris paa2 south, line 38 ~vest.doc b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f, International 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, 20D3 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code ~~2S-3S3 - 437 and §~17-141 21D, as amended and as applicable; 1. Irrigation Standards, Denton Code ~§25-441- 457; and m. Moving Buildings, Denton Cade §~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 Grdinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton'~Tater 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 documentslmiscellaneous11~1annexationslharris paa2 sout~i, line 38 west,doe ~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 shah 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 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 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. 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-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 subs ect 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 documentslmiscellaneousll0lannexationslharris paa2 south, line 38 ~vest.doc Section 7, Recordi~. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section S. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or inequity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section ~ o. Change in Law. No subsequent change in the law regarding annexation shad 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 I3. Term and Extension. The initial term of this Agreement shall be for a period of five ~5~ years from the Effective Date the "Tema"}. 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 Richard A. Harris, Jr b w ~ Robert w. Harris 5 s,laur documentslmiscellaneausll~laru~e~ationslhanis paa2 south, dine 38 west.doc THE CITY OF DENTIN, TEXAS By; City Manage ,Deputy City Manager, or Designated Representative THE STATE OF TEXAS } COUNTY ~F DENTIN } This instrument was acknowledged before me on the day of February, 20 ~ 0, by Richard A, Harris, Jr, ,:,r ~ Notary Publlc State of Tee L ~v c~~+~~~~to~ ~x~t~~ ~ Notary Public, State of Texas THE STATE QF TEXAS } COUNTY 4F DENTON } This instrument was acknowledged before me on the ~ day of February, 2010, by Robert w. Harris, 4 4i r i ~rAY pU HI TINE A~ SIC ' a ~°~,~-,1,~ Notary Pu~iic State of Tee f V M~ co~nMissio~ t;x~ia~9 _ ~ ~r~ o~ Mato ~U! 3 Notary Public, State of Texas I . THE STATE QF TEXAS } CUUNTY OF DENTIN } i This instrument was ackno e ed before eon the da of 20 b ~ ~ y , 1 anag eputy City ManagerlDesignated R resentative, n behalf of the City of Denton, ~,F ~~,,~~Yrr,,,, JNN~F~~ WA~T~I~S P m' ~41~~P~► ~~l~1IIC, ~~at~ D~ TAK~5 - ~N~~ ~ ~y o Public to of Texas '~►ri~~ti~~~ APPRQVED AS T~ LEGAL FARM: ANNA BURGE~S~~2C~~TY~ATT EY ~.y ry BY; y . w_ F~.,~ ~~~~m~~ a. fF 6 After recording ~•eturn to: Jennifer Walters City Secretary slmiscellaneousllOlannexatianslharris paa2south, line 38 east.doc ~ ~ ~ E. MC~~.lluley Denton, T~ 76201 CHAPTER 212 TEAS FOCAL GOVERNMENT CODE NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and Richard A. Harris, Jr, and Robert W. Harris, Individually and as Independent Co-Executors of the Estate of Cornelia Catherine Harris ~"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 42.0965 acres of land, more or less, situated in the R, Whitlock Survey, Abstract No. 1403, Denton County, Texas, and being that portion lying within the borders of the R, Whitlock Survey, Abstract No. 1403, of a 96.5969 acre tract of land, more or less, described in Tract Two of that certain Warranty Deed dated February 23, 1993 from Richard A, Harris, Jr. and Robert W. Harris, Co- Independent Executors of the Estate of Richard A. Harris, Deceased to Richard A, Harris, Jr., Individually and Robert W. Harris, Individually, filed for record on July 2, 1993 and recorded in Instrument Number 93-R0043110 of the Real Property Records of Denton County, Texas. Said 42,0965 acres of land, more or less, being that portion lying East of the railroad of CAD property ID 39150. 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 far 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 ~ I1T v IVA 1:36 s;lour documentslmiscellaneous1~41annexatianslharris paa2 south, line 38 east.doc 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 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 Agreerr~ent. 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, far the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Property in satisfaction of Tex, Loco Gov't Code section 212,172~b}, Section 3, Governing 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 Cade ~"DDC"}, as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, 3rd Ed.199S (NCTCCG IVlanual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 2S and 29, and DDC Subchapter 24, adopting: 2 s:lour documentslmiscellaneausll0lannexatianslharris paa2 south, Iine 38 eas~,doc a. International Building Code, 2006 Edition with local amendments; b, International Residential Code, 2406 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2406 Edition with local amendments; e. International Fuel Gras 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 § §283 S3 - 437 and § § 17~ 141 - 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28441- 457; and m, Moving Buildings, Denton Code §§28-326 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and 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 'dater 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 dacumentslmiscellaneoUSl~Olannexationslharris paa2 south, dine 38 east.~oc ~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 Remai,n,,,n 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$0 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under lacai or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 1$O~day period during which the Development Plan is in effect. Section 5 . ~ , , , , _ ntary Annexation. A reement Deemed Vold ~n Part; Volu ~A} if an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B} Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Cade subchapter C~ 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances, 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 dacumentslmiscellaneousll~lanne~atianslharris paa2 south, line 38 east,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 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 Richard A, Ha is, Jr 4 Robert 'L~. Harris 5 s:lour dacumentslmisce(laneausll Olannexationslhanis paa2 south, Tine 38 east.doc THE CITY ~F DENTIN, TEAS By` City anager, Deputy City Manager, or Designated Representative THE STATE 4F TEXAS ~ COUNTY CAF DENTQN } This instrument was acknowledged before me on the ~ day of February, 2~ 14, by Richard A, Harris, Jr. , ~S~Y CHAS T~ A. Notary public S#ata of ~~p ca~M~ss~°~a ~~Pf~~~ Nota Public State of Texas ~ air M~ra~ ao~ 3 ry ~ THE STATE ~F TEXAS ~ COUNTY ~F DENTDN ~ ~r This instrument was acknowledged before me on the day of February, 2~ 10, by Robert w, Harris. '1 f 4~pr, ~HRI~TIH O ~ ~ Public State a~ Texas ' ~ ~ Notary ss ' ~ MV GQ~4Mi5810t~ ExPI~ ~~rv... ~+p M~r~h 20t 3 ~~F ~ Notary Public, State of Texas 4' ~ k. 1 THE STATE OF TE~A.S ~ COUNTY 4F DENTIN } This instrument was ackno 1 d ed before 'e on the da~.~..~~_ ,24 ~ by _ ~ ~.,~_city Manage eputy City ManagerlDesignated ~ epresentative, on behalf of the City of Denton, T~xa , a.. ~Iti41111~~ hh~~ tt f r ~y I~ ~~IVNI~~~ YY~~If:4~~ ti~~b~A'' ~r H Notary f~ubfic, Stag of Texas . r,'~~ti~ My ~o~rr~issfan ~xpfres tar Pub State of Texas APPRD~ED AS Ta LECrAL FORM; ANITA BURGESS,- CITY ATT~RN 1 _ . rr ~ y.. ~x.~ro# 6 After recording return to 0 Jennifer Walters City Secretary 215 E, McKinney Denton, Tx 76201 CHAPT ER 21~ TExAS L[~CAL GUVERNNIENT CUDE N4N-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 ~tl~e "City"} and Robert W, Harris ~"Uwners"}, the property owners of the hereina~er described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties"e Being a called 1,2763 acre tract of land, situated in the B,B,B, & C,R,R. Company Survey, Abstract No, 141, Denton County, Texas, Said 1,2763 acre tract of land being that portion lying within the borders of the B,B,B, & ~ C,R,R. Company Survey, Abstract No,141 and outside the city limits, of a called 7.937 acre tract of land described in that warranty Deed dated February 23, 1993 from Richard A, Harris, Jr, to Robe~•t W, Harris,l"iled for record on July 2, 1993 and recorded in Instrument Number 93-R0043112 of the Real Prope~•ty Records of Denton County, Texas, Said 1,2763 acre tract of land, mare or less, is commonly l~nown as DC.~D P~opet^ty ID 16812, 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~~owledge that this Agreement between them is binding upon the City and the Gwne~•s and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal Dist~•ict records s~.ow that the Property cu~•rently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex, Tax Code chapter 23.C, D, or E; and WHEREAS, 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 WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; 1 HIIT CL NOw, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto ag~•ee as follows: Section 1, Continuation of ET1 Status. Tlae City guarantees the continuation of the extrate~~ritorial status of the Property and agrees not to a~.aex 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 fan~1 or ranch dwellings, provided that no single-family dwelling m.ay be located or constructed on a lot smaller than five ~5} acres, The property owner may apply to tl~.e 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, ~ove~~lil~g~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 inte~•ference with the use of the land for ag~•icultural, wildlife management or fo•estry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawfiil at the time the Agreement is executed; ~1} Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including constniction, drainage, site design, solid waste, transportation, tree protection standa~•ds, and ~ waterlwastewate~•}, Denton Mobility Plan and other approved Master Plans of tl~e City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public worl~s Construction, No~•th 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 an~.endments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; 2 c. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Cade, 2006 Edition with local amendments; e, International Fuel Gas Code, 2006 Edition with local amendments; f. Inten~ational Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h, Inte~•national Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code ~~25-383 - 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; ~S} Applicable water and wastewater coiulection, const~.~uction and on-site operation requirements, contained within Chapter 26 of the Denton Code of ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Envirorllnental Quality, as amended; 6 A liable Flood Protection Drain ~ } pp age and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 tl~rougl~ 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 administ~•ative 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 3 the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Raihoad 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 a~nlexation 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 fi~rther agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect, Section 5, A reement Deemed Void in Part Voluntar Annexations ~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 subchapte~.• C~1, or other such other provisions governing voluntar Y a~ulexation 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 tlae requirements and procedures for an a~u~exation plan, as required by Tex, Loc. Gov't Code section 43.D52, 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 p~•ope~•ty records, Denton County, Texas, 4 Section 8, S.everability, hlvalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9, Remedies. This Agreement maybe enforced by either Owner o~• the City by any proceeding at law or in equity, Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thez•eafter. Entry into this Agreement by Owner waives no ~.•ights as to matters not addressed in this Agreement, Section lo. Charge Law, No subsequent change in the law regarding azanexation shall affect the enforceability of this Agreement or the City's ability to annex the prope~•ties covered herein pursuant to Section 4, Section 11, Venue. Venue fo~.• this Agreement shall be in Denton County, Texas. Execution in Mu,,_ Section 12, , lti l~ e Codes. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instalment, Section 13, Term and Extension, The initial te~~.n of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"~, The Effective Date of the Agreement shall be the date the Agreement is executed by the City, The Term maybe extended upon mutual agreement of the Pa~•ties, 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 agreement as of , Owners ~ ~ Robert w, Harris 5 THE CITY OF DENTON, TEXAS By' ~ Ci y Manager, Deputy City Manager, or Designated Representative THE STATE OF TEXAS } COUNTY OF DENTON } M This instrument was acl~nowledged before nee on the day of February, 2010, by Robert w. Hat-ris, ;~jiirrrq sT~~ilES,~~'I ~Y#`~~'~ ~C4;X75 *~•~,F~r,,,~,,+ ~ Pdntar~y~ ~~t~la1'~c, Mate ira~ ~ My ~r,~~timi5sian Exp ~ ~eb[ua[y 19.20 3 Notary blic, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This instt nt was acl~n ledged bef rem o ~ the a f y ; 20 by Ci Mana er eputy City ManagerlDesignated Repr ntative, on be alf of the City of Denton, Texas. s- S ~~NNIF~~ !C, ~A~Y~~S w~'' g~ ar,'1~, ak ~~1 ~a91J~ - 1 A"~~'' P~;`'w Natary Pu~fi~, s~~t$ ~~`~e~~~ oar Publ' State of Texas rd~~, ;Fy` My C~m[v~i~~i~n ~xpir~s y °~f;; foi4 i~ec~rribt~C 1 ~O1 ~ . . ANITA BURGESS; CITY ATTO EY R 4"~. j/ ~ j.fir a" l~~ , r~~ I After recording return to Jennifer ~Nalters City Secretary 215 E. iVlc~inney Denton, T~ 762D1 CHAPTER X12 TExAS LOCAL GOVERNMENT CODE N4N~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 John Karyouniari~"Corners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individuall or Y collectively referred to as "Party" or "Parties": That property described in a deed to John Karyouniari~hich is recorded at 2 0 4 3 - ~ o 7 51 ~ 4va~L, ~ a~g~ of the Deed Records of Denton County, Texas, and commonly known as Tax Parcel No. 6 0 8 7 DEN ,which is attached hereto as Exhibit A, consisting of approximately acres of land, X5.584 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, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Corners and the City acknowledge that this Agreement between ,them is binding upon the City and the Owners and their respective successors and assigns far the term of floe Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23. C, D, or E; and WHEREAS, CWNERS 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 43.43 5 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex, Loc, Gov't Code section 21.172 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 izato 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; NCW, THEREFC~R.E, in consideration of the mutual covenants captained herein, the Parties hereto agree as follows; ~ ~11~` 1  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 far 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 Gwners covenant and agree that use of the .Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single~family dwelling maybe located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 2I2.172~b}. Section 3, Governing Re lotions, The following City regulations shall apply to any development of the Property, as maybe amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry 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 ~R.D-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 Speci~catians far Public worl~s Construction, North Central Texas, 3rd Ed,199S ~NCTCGG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and Z9, and DDC Subchapter 24, adopting; a, International Building Code, 2a~6 Edition with local amendments; b. International Residential Code, 206 Edition with .Appendix G and local amendments; c, The International Fire Code, 2406 Edition with local amendments; d, International Plumbing Code, Z~06 Edition with local ar~~endments; 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 Cade, 2005 Edition with local amendments. . j. National Electric Safety Code, 2003 Editian, with regional amendments; l~, Minimum housing and building standards, Denton Code ~~28w3$3 437 and §§17141 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 cantained 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 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 ~ 3 5.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. 3 Section 4, Development Plan to Remain in Effect,,, Following termination of this Agreement for any reason, the De~Telopment Plan set forth in Section 2 shall remain in effect far a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning Of the Property, whichever first occurs, The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan, The owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, franc the submittal of such inconsistent development application, The Gwners further agree that na use commenced or completed on the Property that is inconsistent with the development plan shall be considered established ar 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 Owner files any application or plan of development far ar otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section sections 1 and 3 of this Agreement shall thereupon become null and void. ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C~1, or other such other provisions governing voluntary annexation of land as may then exist. owners expressly and irrevocably consent to annexation of the Property under such circumstances. owners further agree that such a~uaexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex, Loc, Gov't Code section 43,052, or successor statute, Section Notice of Sale, Any person who sells ar conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agree~.ent 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~ 7G201 Section 7, Recordi~. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. _ Section S. Seyerability, invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. 4 Section 9. Remedies, This Agreement maybe enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter, Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement, Section 10, Chan e___in__Law, No subsequent change in the law regarding 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 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 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 maybe extended upon mutual agreement of the Parties. Section 14, Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of thane sections. The Parties hereto have executed this a Bement as of Owners ~'ohn ~arvauniaris THE CITY OF DENTDN, TEAS . By; City Manager, Deputy City Manager, or Designated Representative THE STATE DF TEXAS } COUNTY OF DENTDN } 5 This instrument was acknowledged before me an the day of , 20_, by Notary Public, State of Texas THE STATE OF TEAS } COUNTY OF DENTON ~ This instrument was acknowled ed before me an the ~ ~ da of g Y s 2D , by JOHN KARVOUNSARZ S . k~~ ~ ~A~fN~ JONES ry' ~~J~T/~~Y PU~LEO A~ J~~~. ~i ~ ~~~,-s~~:,,::~.,,s:.;:~~~~~~~ Notary Public, State of Tex TKE STATE OF TE~.AS ~ COUNTY CF DENTON ~ This instrument was ac ledged before ~~me on t e ,20 by ~ City Manager eputy City Manager esignated epresentati~re, on behalf of the City of Denton, ,,,,,~,~~r,, ~~~r?o l1 µr e: r ~~C~ ~ 1 1 ~ Notary public~~ WAtT~I~S r'~~~'~,~ a, ~ ' ~~'4~ ~~r7°11~1~~C~ ~~~as ~ ~ ~ otar Pu W` Sate of Texas Y s APPROVED AS TC~~LEG~AI~NFO y a ANA BU~~~SS, CITY ~ Y N~ B~.- , ~f aantan Can yn~h~a Ma~h~~~ . ~~un ~~~k Exh~bi~ A D~n~~n, T fi2a ~D 2~~3 l~D~d751 ~ In~~rume~l~ Number: ~43w~p7~~2 As Re~~rd~d fin; ~~eern~~r 3, ~~D 'arranty ~~~d I~ar~ie; RIL~~ TNT' ~ ~i~labl~ saes; 4 To Dumber o~ saes; ~ Commen~~ E~a~ilnad and charged Fc~lla~s~ VV~r~aniy Daed ~~,~o ~ . To~1 ~~~ordirt~: ~~,0~ T~ PAGE ~ PAST GF TF~ T ~ ~T ~►ny~ prvvi~ion herein wl'~ich re~tri~ts the Sale, Rel1~~l ~r uae ~f khe described O~~A~ ~~~}p~RTY because of ~clor or ram i~ invalid and unenfor~abla under federal law. File Inf~rrnation: eo~rd and Ie~ur~n T: document IVumbor; 2Q03•~D7~~~ Receipt Number; 77f25 CI-II~A~~ TIT~.~ II~~UR~N~~ C~I~PAN~ recorded ~atelTin~e: Decemk~er 30, 2DQ3 Q~,~SP DILL CALL DAl~LAS T~ 752D~ Userl ~tatlon; ~ ~1cor~le ~ ash Stetion ~ THE STATE CAF TEA ~ ~~I~NTY ~~NT~C~ ~ I hereby aartlry triat thl~ Instrument w~~ 1=1L!~p In the Flle Number ~~quwr~c~ art the dpt~lt~me printed h~ra~, and w~5 duly l~~Edo€tD~#~ In the C?ft~Clel ~te~orde ~entan Caunty,l'a~ee. Gy~i" ~ ~ bounty Clergy ~~I~~on ~oul~~y, T~~~ GENERAL wARI~ANT~ ~EE~~ THE STATE OF TE~1.5 hN0`~ AI~a MEN BY 7'HF<SFr PRF,SE~1T5; COUN'I"~' OF DEN"rON That TONY A, RILEY, A MARRIED MAN ~1H0 IS NOT JOINED 13Y HIS SPOUSE AS NO POR'T`ION OF THIS PROPERTY CON57`l'I'tJT'ES I~IIS BUSINESS OR RESIDF,NTIAL HOMESTEAD, hereinafter called Grantar~s} of the County of DENTON State of Texas, for and in consideration of the sum cif TEN AND NC3 1~0 DOLLARS l 0.~~}, cash and other good and valuable considerations to Grantors} in hand paid by Crrantee(s} hereinafter named, receipt. of which is hereby aclu~owledged and of the further consideration of tl~e execution and delivery by said Grat~tee~s} of that one certain promissory pate of even date herewith, in the principal sum of FIVE HUNI~RF,I) SEVEN'T'Y NINE 7~IIU7JSAND FIVE IIUNDRED DC)LLAI~S AND O~fUO ~~579,5a4,~0} payable la the order of TONY A, RILEY hereinafter called Mortgagee, its installments as in said note provided, bettring interest from date at the rate specified, containing the usual provisions far attorney's fees; the said Mortgagee, at the special instance and request of the Gra,ntee~s) herein having advanced the sum of said note as part purchase prise far the property herein conveyed, the. receipt of which is hereby acknowledged, ar►d the said Mortgagee is hereby subragated to all af' the tights of the Cirantor(s} herein and the Vendor's lien and superior title is hereby expressly transferred to and retained in favor of the said Mortgagee tea secure the payment of said Nate, the same as if said ~ Mortgagee were the Crrantar~s) herein; said Date being fitrther and atlditionall~►' secured by a need of Trust of even date herewith from Crantee(s} to WILLIE R.IIaEY P'C OR ANDREA ~LEAU, 2l1 SOUTH ~TEMMUNS SCJITE C, LEwISVILLE, TEAS 7567 Trustees, captaining provisions for foreclosure under power of sale; to which reference is here mt~de far all purposes. HAVE GRANTED, SOLD AND CONVEYED, and b}r these pr~sentg do ~ lil ~ d rantee S r GRANT, SELL .A.ND CONVEY unto ~OI IN KAR.VC3tJNIARi.. here ca e G ~ } of DENTON County, Te~cas, THE SURFACE ES'~"ATE ~JNLY of all that c~.xtain tract yr parcel of Iand situated in DEI~'z"ON Cc~untSr, Texas and b~i~~g, s.~.~r.~,~~.~.~~'~,~~.~a~v~~.~~~~.~x.~~.~r~.~ ~r~~.r~r~~€~r~ ~~.r~.r.~ This conveyance is made subject to the followi~ag tuatters, but only to the extent samme axe in effect at dais time and oxily to tl~e extent that they relate to the hcreinabove described property, Restrictions, covenants, easemetats and outstanding rniraeral reservations, rights and royalties, if any, shown of recoxd in the hexeinabove mentioned county and state, and to all coning laws, regulations and ordinataces of mu~ucipa.land/tax other governm~;n~l authax~itiea, if any. TC~ HAVE AND "rO HOLD floe said premises, together with all rights, hereditanaerits at~d appurtenances thereto beloiagiiag, unto the said Grantees} above named, their Heirs and assigtas fr~rever,~and the undersigned hereby bind itself, its successors and/or assigns to WAR..RANT` AND FOREVER DEFEND the title to said property unto the said Grantees} above ~~a~ned, their Heirs and assigns, against every person whomsoever lawfully claiming or to claim. the same or any part thereof, The contract between GRANTOR, as seller, acid ~rRAN7"EE, as buyer, malr contain limitations as to warranties, to the extent Said contract provides for such limitations ~ta survive this conveyance they shall lae deemed incorporated herein by reference. The waxranty of title contai~aed in this deed is hereby e;~~pressly excluded from tine lir~~itations referenced in this paragraph, V r' I'a~c (af 51"4 :S1'.+`, .u1`: s-; ~.h~i~.,LVtil~`: ~T ~5 FURTHER. EXI'I~E~LY A~I~EED ANII UI~~3ER~T~(~~ that TUNS.' A, RILEY, C~RANT~R., reserves to themselves, their heirs, successors andf ar assigns, and excepts Pram this conveyance, all of the ail, gas and ather minerals an, its and under all of the land described in this deed, together with tl~e right of ingress and egress far the purpose of exploring for, drilling far, producing, and marketing ail, gas and other minerals, It is the intention of the parties that these mineral rights are hereb~r retained in the hlterest of TaNY A. RILEY, their heirs, successors and/oz assigns, It is f~xthex the intention of d,e pa~•ties tl~at the mineral tights expressly retained by TONY A. RILEY includes ail, gas, and ether minerals, whether solid or liquid ar gaseous} ~vlaethex lying on the surface, in the surface ar under the surface ar any other substance considered a n~eral interest whatsoever, "faxes for the current year having been prvxated, the payment thereof is hereb}T assumed by ~rxantee~s), EECUTI;I~ THIS TIFF l.)A~ ~F I3F.~CF,MBI;~R., ~0~3 T N~' .A, RIL STATE (~F TE~Aa ~ COUNTY (~F I~ENTUN ~ This instrument was aclcr~owled ed before me on the a of DEC~EIvfBEI~ g ~..~_.~.....W Y 20 T~7NY A, RILEY. P bli S a e cif exas ~ Bile Notary u , t t ~olsty Pub~f~, ~fi~~s T~ca~ Notary's prix red name; ~y Co~ra~s~l~n ~►!r A~~R~ss ~~r ANA RETURN Ta. *jo~~N I~.AI~.VUUNIARIS PCB B~~ 5~4~5 I~ENTUN, TE~.AS 7G20G Pair 2 aft LEG~I~ f~~SC~~PT~~i~ EEING all that certa~.n ~.ot, tract ar. parcel. of Land s~.tuated in the S, Bu~.zar Survey Abstxact Number 514, Denton County, Texas, being a part of that certaa.n ~ca~.led~ ~.~5.57~. e.cre tract descra.bed ire a deed from M,B, Rudman and vrife, Josephine Ruc~mari to the Rudman ~'artnersh~.p recur. ded in Vo~.ume 2 A 44 r gage 4 ~ , Read. groper ty Records , Dentar~ County, Texas and be~,ng mox°e part,icu:~ar~.y c~escr~.bed as fa~.~.ows BEG~NNZNG at a ixon rod found for corner in Basch Branch Raad, a pub~.ic roadway, said point being the northeast corner of t~~at ce~~tair~ tract of land carlveyed by deed form the Rudman Partnersha.p et al to David Ri,7.ey ar~d wife S, Lynn Riieyr recorded under C~.erks File Number 94-R~p851.69t Read. property Records, Denton County, Texas; T~~ENCE S 89°4~' a~" E, 124 , 5~ feet with saa.d road to an iron rod set ~;or Corner, said pa~.nt be~.ng the northwest corner o~ that certain tract of .and conveyed by deed from the Rudman Partnersha.p et al to ~'ahn R, Marriott, Sr, recorded under C~.er~.s Fa.~.e Number 9FwR~02?992, Real. ~'roperty Reccards, Denton County, Texas; THENCE S ~0°01' OB" E, pass at 29 ~ feet an iron rod found for south line oaf said Road, .a total. da.stance of 228? , ~5 feet with the west line of said N~arr. ~.ott tract to an iron rod set far corner ~.r~ tl~e north line of t~xat certa~.r~ tract of land conveyed by Deed from Dee Ra.ngs , ~:nc , to ~a~~n . Brawn recorded under. C~.er ks File Number 9~~R~845945, Real property Records, Denton County, Texas; ' THENCE N 89°?~` 22'~ Wr ~.823.9~3 feet w~,th sa~.d north line of saa.d Brawn tract to an iron rod found for earner, said pc.~~.nt be~.ng the southeast earner of said Riley tract; THENCE N 00°~~'~~" W, pass at 222.71 feet an iron rod found for said south line of said Road, a tata~. distance of 2277.47 feet w~,th the east ~.ine of said Riley tract to the ~F~~~CE ~3EG~NNTNG and containing 95.584 acres of .and NOTE : CQM~~NY DaES NCT REFRE~FNT THAT Z`HE .ABUVE ~ACRF~GE AND/aR SQtJ~ARE Ft~(~T.A~E C~CUL~TIONS ~R~ CQRRECT. After recording return to Jennifer welters City Secretary 215 E,1VIcR.inney Denton, T~ 762 1 CHAPTER 212 TEAS FOCAL GOVERNMENT CODE NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex, Local Gov't Code by and between the City of Denton, Texas the "City") and JOHN KAR~DUNZARI S ~"Gwners"), the property owners of the hereinafter described property the "Property") in Denton County, Texas, sometimes individually ar collectively referred to as "Party" or "parties"; That property described in a deed to~'p~N~ ~~~~',OHNTARl~hich is recorded at I N S T N 0 2 0 0 3 2 0 7 5 ~o~, page of the Deed Records of Denton Count Texas and 2003-~20750~ ~~72s5 & ~y' . ' commonly known as Tax Parcel No. , which ~s attached hereto as Exhibit A, consisting of approximately acres of land. 4~ X20 acres each} WHEREAS,, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex, Lac. Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the Cit 's extratenitorial Y ~ur~sdictzon ~"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, 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 43.35 authorizes a property owner and a municipality to enter into an a~.•eement pursuant to Tex. Loc, Gov't Code section 21.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant 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, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows, I I 1  Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to the provisions of this Agreement, Section 2. Development Plan. The owners covenant and agree that use of the .Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm~related and ranch~related uses and customary accessory uses, and single~family detached farm or ranch dwellings, provided that no single_family dwelling maybe located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc, Gov't Cade section 212.172~b}. Section 3, Governin Re ulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land far agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use .established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~ 1 } Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, 1999w2020, 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 worl~s Construction, North Central Texas, 3rd Ed,1998 ~NCTC4G Manual}; ~3} Denton building caries, 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. Intertaatianal 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 Cade, 2006 Edition with local amendments; f. International N~echanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Pro ert p Y Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendrents; 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$3 - 437 and §~17~141 210, as amended and as applicable; 1. Irrigation Standards, Denton Code ~ X25-441-~ 45 7; and m. Moving Buildings, Denton Code ~§2$w326 375; ~4~ Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5~ Applicable water and wastewater connection, construction and onwsite 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 tlae 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 1 ~ 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 ~ 3 5.16.19 and subchapter 22 of the Denton Development Cade, 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 meet Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the a~~nexation 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 ar state law, or by common law, from the submittal of such inconsistent development application. The Uwners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 1 SO~day period during which the Development Plan is in effect, Section 5. A Bement Deemed Void in Part Volunta Annexation. (A} 1f an owner files any application or plan of development for or otherwise commences development of any portion of the P~•operty 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 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City ~.t 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, Severab~~~ty. lnvalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full farce and effect. 4 Section 9. Remedies. This Agreement maybe 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 tlus Agreement thereafter, Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement, Section I o. Chan e, ,,fin,,,, „ g ,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 Venue, Venue for this Agreement shall be in Denton County, Texas, Section 1Z, Execution, ,in Multiple_,.C~pies. 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 eeme ~ ~ gr nt as of , Owners . ~7 ~;~,~~,O~N~ARI THE CITY OF DENTON, TEAS By: City Manager, Deputy City Manager, or Designated Representative THE STATE OF TEAS ~ COUNTY OF DENTON } 5 This instrument was acknowledged before me on the day of , 20_, by , Notary Public, State of Texas THE STATE OF TE~.AS } COUNTY OF DENTON ~ This instrument was acknowled ed before me on the ~ da of s 2of ~ , by JOHN KAR~'OUNIARIS , n~~;',~ ~~~#~i~ JONES !t ' 9 ,r. xi~`~~~-~s Notary Public State of Texas ~Z~.~'~C•hedr~., .;.i,;d^'i-e~ ~rs~x'a;,:~kg»°~',;~'~P~~~ez~^t~sR+~' ' THE STATE OF TEAS ~ COUNTY OF DENTON ~ E This instrument was ac ed ed befor me on he days ,2 b ,~Cit y Y a nagerl uty City Manager esignated epresentative, on beha f of the City of Den~~ , Tea . *~+~41~'r i ~ ~d~ ~ r , ~ ~~r~ p~~l1~ ~t~ta ~~~5 K~:~ ~ ~ ~ - ~ ~ .x~?1~~s N tar Pu ' G State of exas A~ ~ ~ y , APPROVED AS TO L~,~AL.p~'OR~; ANZTA B~R~E~S, CITY ATTORNE P~ ,~,y 6 ~en~~rr C~un ~yn~hia ~~~~h~l~ ~un~ ler~ E~hibi~ ~ Qen~an, T ~ 7a ~aa~ aa~ar~a7 lnatr~rnent Nurnbar: ~u~~~~~~~~7 A~ R~cdrded Qni ~eGernber 3a~ ~4~ arran pad PC~rtI~Sy RlL~~ Q~IG I~la~l4 ~a~eS. ~ To ~un~bar Of Pa~ea~ ~ C~n~rnent: E~ar~ir~ed and ~hargad as F~l~~~. tf~arrai~t~ Deed ~.0~ . "~utal Re~ordir~~: ~~,~4 ~ RT ~ TAE ~T~ ANT Ar~y provision ~er~in which restricts tie Sale, Rental ~r use of tl~e described REAL PROPERTY because ref color or race is invalid and unei~fnrtseable under federal law, ~6l~ tnf~matl~n: Record and Return T~: P~ocun~ent Number; ~00~-201~~7 Receipt Number; 7725 CHlC~~~ TITLE II~~~R~NCE C~I~P~►NY Recorded DatefTime: ~ecen~ber ~o, X003 a~; ~ ~P MILL CALL i~ALLA T~ ~'S~o~ l~~~r f ~tativn; E McCrarl~le - Cash station 2 ~ THE Tl~TE ~F TEAS ~ Ct~UNT~ ~F DENTC3N ~ ~ I h~t~by ae~s~y that thla in~trumar~# waa i*lr,.~D In the i+ila Numbor ae~uence on the d~t~ttlme ps~int~d heron, and was duly RECG~DED in #lr~ pfflciai ~aaards o~ fan#on Gnunty, '~~xaa, f~ ~ ~ County Clerk aentan County, Tees . ~~1~I~L wARRA.I~TY ~~E~ THE S'1"ATE C F TE~.AS KNOW ALL MEN BY THESE I'RF,SENTS~ COUNTY OF DENTON That DAVID M. It~LEY AND ~IIFE S. LYNN I~ILEY hereinafter called . ~ Grantar~s} a£ the County of DENTIN Mate of Texas, far and in consideration of the sum of TEN AND NO lU0 DCLLARS ~~1D,~1D}, gash and other gaol and valuable cc~nsideratians to Gxantor~s} in hand paid by Cixantee(s} hereinafter named, receipt of which iti hereby acknowledged and of the firrther cor~sideratian of tl3e execution a~xd delivery by said Grantees} of that one certain promissory Hate of even date herewith, in the principal sum of THREE HCINDRED FIFTY EIGHT TH(~UiAND Dt~LLAR~ QQlQO ~~~51~,000.QQ} payable to the order of FIRST STATE BANK hereinafter called Mortgagee, in installments as in said Hate provided, bearing interest from date at the rate specified, captaining the usual provisions far attorney's fees; the said Mortgagee, at the special instance and request of the Grantees} herein having advanced the sung of said ~~ote as part purchase price for the property herein conveyed, the receipt of which is hereby acknowledged, and the said Mortgagee.is hereby ,subrogated to alI of the rights of the Grantors} herein and the Vender's lien a~~d superior title is hereby expressly tr~.isferred to a~~d retained in favor of the said Mortgagee to secure the payment of said Nate, the same as if said Mortgagee were the Grantar~s} herein; said Nate being further and additionally secured by a Deed of Tt~zst of even date herewith from Grantees} to BEN HATCHER, pa BGX 1 Q, CrAINESVILLE, TEXAS 7b241 Trustees, containing provisions far foreclosure under power of sale; to which reference is here made far all purposes; ~ HAVE GRANTEn, SOLD AND CONVEYED, and by these presents da GRANT, SELL AND CONVEY unto JOHN KARVOUN~.RIS herein called Gxantee~s} i o£ DEN'rON County, Texas,'t"HE SUS~A~E ~STA"rE ONLY of all that c~;rtain tractor parcel of land sit<aated in DENTON County,'Texas and being I,.~`~.~.~ ~.~5~.~1.~~10.t~A.:~"~'.~C.~'~'.~ ~`.~.~E"~`C~ .~,~dD .~C~DG~I~, .FI.L`I~E.~ ".C`his conveyance is made subject to the I'ollo~ving matters, but a~~ly to the extent same are ita effect at this time and only to the extent that they relate to flee l~ereu~above described property, Restrictions, covenants, easements and outstanding mineral resezvations, rights and royalties, if any, shown o£ record in the hereinauove mentioned caucaty a~ld state, and to all zoning laws, regulations and ordinances of municipal and/or atlaer ga~Ter,nzx~ental autlaor~ities, i£ an~r, "r0 HAVE AND TO HOLD the said p~:emises, together with all rights, hereditatnents and app~~xtenances dxe~retr~ belonging, unto the said Grantcc~s} above Horned, their Heirs and assigns ~"orever, and the undersigned hereb}f bind itself, its successors and/or assigns to 1y1ARRANT .AND FOREVER DEFEND the title to said property unto the said Grantees} above named, their Heirs and assigns, against every person whoinsaever lawlulllr claiming or to claim the same ar any part d~ereaf, The contract be~cveen GRANTOR, as seder, and GRANTEE, as buyer, may ca~Ytain limitations as to warranties; to the extent said contract provides far such limitations to sur~~ve this Conveyance they shall be deemed incorpc►rated herein by reference, The warra~xty~ of title contained in this deed is hereby expressly excl~~ded (rain die lin~itatians referenced in flue paxagraph. Pngc 1 v~`2 - - y~ ~T FHR.'r~ER ~~~pRESSLY A~~ED .AND UND~RS'~`~C~~3 drat DA~rfD M, RILEY AND 5. LYNN R}LEY, GRANTER, reserves to themselves, their heirs, successors andlnr assigM, and excepts from this canveyanee, ill of tl~e oil, gas and other minerals on, in and under all of the land described in this deed, tngether with the right of ingress and egress for the putpase of exploring for, drilling far, producitag, and marketing nil, gas and other minerals, xt is the inntention of the parties that these xni.neral rights are hereby retained i~~ the i~~terest of DA~~D M, R}LEY AND S, LYNN R~LEY, t)~eir heirs, successors and~oar assigns, It is fur~.~er tl~e .intention of the paarees that ~e rninera} rights expressly retained by DAVID M, R~LEY AND S. LYNN RfLEY includes ail, gas, and other minerals, ~vhether solid or liquid or ~asec~us, whether iyYn~ can the s~~rfacey i~~ the sc~rl'ace ear under the sca~rface nr any other substance considered a nurieral interest whatspever. Taxes for the current year having beefy prorated, the payc~Ycr~t thereof' is hereby assumed by Crantee~s}, r a h U ~ UT~D THIS THL DAY ~7F DE~LMBF,R, 2 D3 r i DA D M, RIL~Y S, ~rN R EY STATFJ ~F Tr~3.S } } ~~t)N'I'Y CAF IJ~NTC~N ~ hts ~.nstrumeztt was acknou ledged before me an the day of DECE)iII3ER ~?,~D,3 DAVID M, RILEY S. LYNN RIL~~', a . Notary Ful~li , State of Tex Natat 's xtn ed name; 5~~1~ 4~ ~~~~s ~ ~Oi~1~~88I4n ~X~Ir~~ ADDRF,S~ OF AND RE'1~.)R.N T~; ~~HN KARVU~NIARIS I~~ BMX 5€~4~5 D~NTaN TF,~~ ~~~o~ ~ GF# 62899 ~~W~ I~GA~ D~S~R~~xr4N A~.~. that certain tract or parcel of land s~.tuated ~.n the S.D. Huizar Survey, abstract NUMBER 51~, Denton County, Texas, and being alb, of a called 2D,OQ acre tract Qf land described in a deed from Lew~.s Behringer to Gregory Dale Wyatt et ux as recorded in vv~.ume 12 ~ ~ , Page 4 3 ~ , Rea Praperty Retards of Denton county, Texas , and be~,ng a l of a ca~.led ?Q. QO acre tract of land descr~.?~ed in a deed frorr~ The Rudman Partnership and Trustees of The Alvrone Eater Trust No. :3; The M.B. Rudman Trust and the .~lvrane Eater Trust to David M. Ri~.ey and wife, Lyyn Riley as retarded in County clerk's File Number ~~-~ROU8316~, Real Praperty Records of Denton County, Texas, and being mare particularly described as follows; Beginning at a paint at the northwest carver of said Wyatt tract and in Masch Branch Road and also in the north line of said ~~u~.~oa.~ Survey; Thence south 89 Degrees 49 Minutes QO Seconds East with the north line of saad Wyatt tract and with said Masch Branch Raad, and also with the sa~.d north line, a distance of ~p feet to a po~,nt for the northeast earner of sand Ri~.ey tract and at the northwest corner of a called 95,58 acre tract af~,and described in a deed to many Ti~.ey as recorded in county clerk's File Number 97-ROQ4~.58~,5, Real Property Records of Denton county, Texas; Thence South 00 Degrees p2 Minutes OQ Seconds East with the east lane of said Riley tract and with the west lane of sa~.d 95.584 acre tract, passing a ~./2 irpn rod fc~u.nd far a witness .marker at 19.7 feet and conta,nuing along said course and with ar near a fence l~.ne for a total distance of ~28~ .25 feet to a 1/2" .ran rod found at the saut~~east earner at said Riley tract arld at the southwest earner of said 95,a8~ acre tract; Thence North 89 Degrees 46 M~.riutes 5D Seconds West w~.th or near a fence line and with the south ~.ane of said Riley tract, a distance of 38~.~8 feet to a iron rod found all the southwest corner of sa~,d Ri~.ey tract and at the southeast corner of said Wyatt tract; Thence North 89 Degrees 28 Minutes 55 Seconds West w~.th ar near fence line and with the south line of said Wyatt tract, a distance of 385.93 feet to a 2" metal fence corner past at the southwest corner of said Wyatt tract and at the southeast canner of a tract of land described an a deed to Penny Darby as recorded in ~ra~.ume ~9'~~, Page 35'7, Real Fro~erty Records of I~entan County, Texas; Thence North QO Degrees 0~ Minutes QQ Seconds West with the west line of said Wyatt tract and with the east line Qf said Daray tract and also with or near a fence sine, passing a fence canner post at 2~48.~,~, feet far a witness marker and cantinu.ing along said course far a total. distance of ~~80.Q5 feet to the PG~NT OF BEGINNING and containing 40 . acres of land, mare ox~ ~.ess 1~OTE ; CUMPAN~' DOES NCT REPRESENT TNAT ~'NE ABGt1E .ACREAGE .~,ND/UR SQU',A~RE ~'GQT~,GE CAI,c'U~.AT~QNS ARE CQRRECT. . , ,es~:. ~ ~ .OOW IRf'?'1..._1uaYw•! ~.YitLi1N~ I. .Srtd .yrJal~in'aw%v... /I.i1., .J. '.h 1'..' _ ~t•...:._?........................... .`..r....------ After recording return to Jennifer Walters ellaneous1101annexationsljoseph liberto nan-annexation agreement.doc City Secretary 215 E. McKinney Denton, TX 76201 CHAPTER 212 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 Denton, Texas the "City"} and Joseph N. Liberto ~"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 Tract 32, Little Brook Estates, Unit No. 2, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas, and containing 15.00 acres of land, more or less, situated in the J. Haney Survey, Abstract No. 515, Denton County, Texas, and being more fully described in that certain Deed dated June 12, 1995 from the Veterans Land Board of the State of Texas to Joseph N. Liberto, fled for record on July 19, 1995 and recorded in Instrument Number 95-R0042515 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT; Part of Tract 32, Little Brook Estates, Unit No. 2, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas, and containing 1.000 acre of land, more or less, situated in the J. Haney Survey, Abstract No. 515, Denton County, Texas, and being more fully described in that certain Correction Warranty Deed dated July 9, 1993 from Joseph N. Liberto and wife, Edna Nell Liberto to Timothy P. Liberto, fled for record on July 9, 1993 and recorded in Instrument Number 93-R0045427 of the Real Property Records of Denton County, Texas. Said part of Tract 32, Little Brook Estates, Unit No, 2, is commonly known as DC~D Property ID 169712. SAVE & EXCEPT; Part of Tract 32, Little Brook Estates, Unit No. 2, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas, and containing 3.00 acres of land, more or less, situated in the J. Haney Survey, Abstract No. 515, Denton County, Texas, and being more fully described in that certain Warranty Deed dated November 27, 2000 from Joseph N. Liberto to 1173 Storage, Ltd. Co., Bled for record on December 5, 2000 and recorded in Volume 4729, Page 2417 of the Real Property Records of Denton County, Texas. Said part of Tract 32, Little Brook Estates, Unit No. 2, is commonly known as DCAD Property ID 228152. SAVE & EXCEPT; Part of Tract 32, Little Brook Estates, Unit No. 2, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas, and containing 1.444 acres of land, more or less, situated in the J. Haney Survey, Abstract No, 515, Denton Caunty, Texas, and being more fully described in that certain ''Warranty Deed dated August 22, 2006 from Joseph N. Liberto to 1173 Storage, Ltd. Co., filed for record on September 1 S, 2006 and recarded in Instrument Number 2006-115343 of the Real Property Records of Denton County, Texas. Said part of Tract 32, Little Brook Estates, Unit No. 2, is commonly known as DC~D Property ID 303128. - - - ITT 1 ~ . i~ i s:lour documentslmiscellaneousll0lanneYationsljoseph liberto non-anne~cation agreement,doc SAVE & EXCEPT: 0.136 acres of land, more or Less, out of said Tract 32, Little Brook Estates, Unit No, 2, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas, being more fully described in that certain Warranty Deed dated August 22, 2006 from Joseph N. Liberto to Timothy P, Liberto, filed for record on September 1 2006 recorded in Instrument Number 2006-115344 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: Part of Tract 32, Little Brook Estates, Unit No, 2, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas, and containing 0.52 acres of land, more or less, situated in the J. Haney Survey, Abstract No. 515, Denton County, Texas, and being more fully described in that certain General Warranty Deed dated January 7, 2010 from Joseph N. Liberto to Traci L, Liberto and Timothy P, Liberto, filed for record on January 8, 2010 and recorded in Instrument Number 2010-2166 of the Real Property Records of Denton County, Texas, Said part of Tract 32, Little Brook Estates, Unit No. 2, is commonly known as DC~4D Praperty ID 33~6~3. The remaining portion of Tract 32, Little Brook Estates, Unit No. 2, is commonly known as DC~4D Property ID 6109b. 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 u on the Cit and the Gwners and their res ective successors and assi ns for the term of P Y P g 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 2 - s:lour documentslmiscellaneousll0lannexationsl~oseph liberto non-annexation agreement,doc VL~HEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NG'L~, 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 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 f ve ~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. ~ 72~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,1999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, 3rd Ed.1998 ~NCTCGG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 200 Edition with local amend~.ents; 3 s,lour documentslmiscellaneousllOlannexationsljosep~ Iiberto non-annexation agreement,dac b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Cade, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f, International Mechanical Code, 2006 Edition with local amendments g. Code of Grdinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments, j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § X28-3 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 onWsite 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 Commisslon 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. 4 s:lo~ir documentslmiscelianeous1101annexationsljoseph liberto non-annexation agreement,doc 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 184 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan, The Uwners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application, The Gwners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 184-day period during which the Development Plan is in effect. Section 5. A reement Deemed Void in Part Volunta Annexation, ~A~ if an Gwner 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 sub j ect to the requirements and procedures for an annexation plan, as required by Tex, Loc. Gov't Code section 43.452, or successor statute. Section 6. Notice of Saie, Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 34 days written notice of this Agreement to the prospective purchaser or grantee, A copy of the notice shall be forwarded to the City at the following address; City of Denton, Texas ATTN; Director of Planning and Development 221 N. Elm Street Denton, Tx 76201 Section 7. Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8, Severabi~. 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. 5 s;lour documentslmiscellaneous1101annexationsljoseph lihertonon-annexation agreement,doc Section 10. Chan e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4, Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section ~2. Execution in Multiple ,Copies. 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 , 2D 1 Dwners Jo ph N. Liberto r~ THE CITY 4F DENTON, TEAS By; CityManager, Deputy Ci y Manager, or Designated Representative s:lour documentslmiscellaneousl101annexationsljosepla libertonon-annexation agreement,doc THE STATE 4F TEXAS } COUNTY ~F DENT4N } This instrument was acknowledged before me on the day of , 2~ ~ 4, by Joseph N. Liberto, , - 1,,,,n,- ~ ~ A, DICE 4*". ~ ® P bI~C State of 1'gx ~ ~ ~ #~,~,.r,`;, Nut~rY ~M1SS~t~~t E'~ptRES pr~Of ~ , Notary Public, State Of Texas r THE STATE OF TEXAS } COUNTY CF DENTDN } A his ~nstrume ~v s ackno ed ed before n~- on~the day o ,Z0 by ~ City Manag rlDeputy City Manage (Designated Representati on behalf of the City of Denton, Texas. ,~1,11111~~ tary Pub ~ State of Texas ~`~~ti~P~,Y~~¢+~~~M ~~~1Nl~R K, WA~t~RS s s ; ~ Notary ~ubli~, State a~ Texas , , , ~ My Comr~is~ia~ ~xp(res ~`'~+I~ ~~;;~~~~L 1 Cpl ~ ! 1111 APPROVED AS TD LEGAL FARM; r TT~RN~~..... ANNA BURGESS . ~~TY^Am._., EY~~ ..f ~r ,~,a 7 After recording return to. Jenl~ifer Walters City Secretary 215 E. Mc~~ilu1ey Denton, Tx 76201 CHAPTER 21Z TEAS LGCAL GOVERNMENT CODE NON~ANNE~,A,.TI[~N AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex. Local Gov't Code by and between tl~e City of Denton, Texas the "City"} and Alin Wylie Martin, Trustee of the Ann Wylie Martin Living Trlrst ~"Owners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Pal•ty" or "Pal•ties": Being 6.735 acles of land, more or Tess, situated in the R, Whitlock Survey, Abstract No. 1403, Denton County, Texas, and being more fully described in that certain General warranty Deed dated July 8, 2005 from Austin Granville Baker X11 and wife, Sherrie L. Baker to Ann Wylie Martin, Trl~stee of the Arne Wylie Martin Living Trust, filed for record on July 1 S, 2005 and recorded in Instrument Number 20fl5M86688 of the Real Property Records of Denton County, Texas. Said 6.735 acres of land, more or less, is commonly l~nowl~ as DCAD Properly ID 39161, WHEREAS, the City has given notice of its intent to institute annexation proceedings for tl~e Property in accordance with. Tex. Loc. Gov't Code ch, 43; and WHEREAS, Owners desire that the Property remain in the City's extrate~Titorial 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 Del~toll County Appraisal District records show that the Property currently 15 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, ol• 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 praperty 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 p Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton Coul~ty, Texas; ~~I~~T u 1 ~ l~ 1 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 ext~•aterritorial status of the P~•operty 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 teen of this Agreement and any extensions ag~•eed to by the Parties shall be limited to farm-related and ranch-related uses and custo~na~•y 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 free ~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 Cade section 212.172~b}, Section 3, Governing Regulations, Tlae 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 ag~•icultural, 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 tlae 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 inco~~orated the~•ein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria E Manuals including construction, drainage, site design, solid waste, transpot-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 works Construction, North Central Texas, 3rd Ed.199S ~NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Cade Chapters 17, 2S and 29, and DDC Subchapter 24, adopting: a. I~~ternational Building Code, 2006 Edition with local amendments; b. I~~ternational Residential Code, 2006 Edition with Appendix G and local amendments; c, The International Fire Code, 2006 Edition with local amendments; 2 d. International Plumbing Code, 2006 Edition with local amendments; e, l~~tei~ational Fuel Gas Code, 2006 Edition with local amendments; f, I~~terl~ational 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 ~§25-353 437 and ~ ~ 17-141- 210, as amended and as applicable; 1, Irrigation Standards, Denton Code §§25-441- 457; and m. Moving Buildings, Denton Cade ~ §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 ova Environmental Quality, as amended; ~6} Applicable Flood P~•otection, 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 tl~e Texas Railroad Commission and Texas Conunission on Environmental Quality, as amended. . . eve . o meat an to Rem , _ _ Section 4. p , ain in Effect, Following termination of this Agreement for any ~•eason, the Development Plan set forth in Section 2 sha11 remain in effect fo~° a pe~•iod of 150 calendar days thereafter, o~• until the effective date of the annexation and 3 pel~nanent 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 ar 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~reen~ent Deemed Void in Part; Voluntary Annexation. ~A} If an Owner files any application or plan of development for or otherwise conu~nences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex, Loc. Gov't Code subchapter C~1, or other such otl~er provisions gove~~ning volunta~•y annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property unde~• such circu~~.stances, Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex, Loc. Gov't Code section 43,052, or successor statute, Section Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 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. Ehn Street Denton, TX 7201 Section 7. Recordin ,This Agreement is to ~~un with the Property and be recorded in the real property records, Denton County, Texas. Section S. Seyerability, I~lvalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in filll force and effect. Section 9. Remedies. This Agreement maybe enforced by either Owner or the City b 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, Chan e in Law, No subsequent change in the law regarding annexation shall affect the enfo~•ceability 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 maybe separately executed in individual counterarts and, upon execution, shall constitute one and same instrument, Section 13, Tenn and Extension. The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"}, The Effective Date of the Agreement shall be the date the Agreement is executed by the City, The Term may be extended upon mutual agreement of the Paz•ties. Section 14, Su~•vival of Covenants. The covenants in Sections 2, and 4 shall su1•vive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections, The Parties hereto have executed this a •ee~nent as of ~ , Za10, Owners ,f ~ ~ Ann Wylie Martin Trustee of the Ann Wylie Ma~•tin Living T~1~st THE CITY ~F DENTIN, TEAS By; City Manager, Deputy City anager, or Designated Representative f THE STATE ~F TEXAS ~ COUNTY OF DENT4N ~ f This instrument was acl~nowledged before me on the ~ day of , 2010, by Ann Wylie Martin, Trustee of the Ann Wylie Martin Living Trust. , 4 ~ Nat~ry Public Stag of Tex k ` ~v co~~~~s~o~ Nota Public fate of Texas or ~~~P 2D13 ~ s ~ TAE STATE 4F TEXAS ~ CaUNTY ~F DENTIN } his instrun ent was ac awl ~ dged before n e-~~~~~he day o ~ ~ ,2 by Manage (Deputy City Manag rlDesignated Representati , on behalf of the City of Denton, Texas, .,~.~.~..,.~.....~..w~..,W~.x.:~m - N ry Pub c State of Texas ~~,t~~~ ~ ~A~,r~r~~ JNNIF~ K, hJr~t~~y ~'u~l~~, ~~~t~ of ~~Y~f~~~~~~n r~f~',~~r~l~~ ; a I APPROVED AS T~_ LEGAL FURM~M~ ANITA BURGESS CITY ATTURNEY~ .Y. w s l J j,~ , f I V After recording return to: Jennifer Walters City S ecretary 215 E, McKinney Dentonq T~ 76201 CHAPTER 212 TE~A.S LUCAL G4vERNNIENT CODE N~N~ANNE~ATI4N AGREEMENT This Agreement is entered rota pursuant to Section 21,172 Tex, Local Gov't Code by and between the City of Denton, Texas the "City"} and Steven C. Naus ~"Uwners"}, the property owners of the hereinafter described property the "Property"~ in Denton County, Texas, sometimes i~adividually or collectively referred to as "Party" or "Parties": Being the East 12.00 acres, more or less, of Tract 10, Little Brook Estates, an Addition to Denton County, Texas, according to the map or plat the~•eof recorded in Volume 489, Page 273 of the Real Prope~•ty Records of Denton County, Texas, situated in the James Haney Survey, Abstract No. 515, Denton County, Texas, and being more fully described in Tract III of that certain Special warranty Deed with Encumbrance for Gwelty of Partition dated May 19, 200$ from Sandra Sue Naus to Steven C. Naus, filed for record on June 10, 2008 and recorded in h~stn~ment Number 200$6361$ of the Real Property Records of Denton County, Texas. Said East 12.00 acres, more or less, of Tract 10, Little Brool~ Estates, is commonly known as DCAD P~ape~~,~ ID 61161, WHEREAS, the City has given notice of its intent to institute azanexation proceedings for the Property in accordance with Tex. Loc, Gov't Code ch. 43; and WHEREAS, Gwners desire that the Property remain in tlae City's ext~•aterritorial 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, awNERS represent that it is their intention not to develop the Property during the term of this Agreement; and wHER.EAS, 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; ~ EXWi~1T 1 A ~ ~ a L~ ~i 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 far 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 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~~n~related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling maybe located or constructed on a lot smaller than five ~5} acres. The property owner n~.ay apply to the City for division of the land subject to this Ag~•eement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212,172~b}, Section 3 . Governing.. Regulations, The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established 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 Develapment Code ~"DDC"}, as amended pursuant to The Denton Plan,1999W2020, 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 Dento~~ 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 1Vlaster Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifcatians 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. h~ternational Residential Code, 200 Edition with Appendix G and local amendments; 2 I c. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e. Inte~~ational Fuel Gas Code, 2006 Edition with local amendments; f. Inte~•national Mecha~ucal Code, 2006 Edition with local amendments g. Code of Grdinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code ~§25-353 43 7 and ~ ~ 17-141-~ 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§25-441- 457; and me Moving Buildings, Denton Code ~~28-326 - 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewatet• connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of ordinances, 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 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, tl~e 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 Environrn.ental Quality, as amended, and applicable administrative standards of the Federal Emergency 1Vlanagement Administration, as amended; and ~7} Gas well platting, d~•illing 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 tTtilities Code, tl~e Texas Natural Resou~•ces 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, t11e Development Plan set forth in Section 2 shall remain in effect for 3 a period of 1 SO calendar days thereafter, o~• until the effective date of the annexation and pe~•manent 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 ~]wners 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 Uwner files any application or plan of development for or otherwise commences development of any po~•tion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B} Thereafter the City may initiate annexation of tlae Property pursuant to Tex. Loc. Gov't Code subchapter C~1, or other such other provisions goven~ing voluntary annexation of land as nay then exist. Gwners expressly and in•evocably consent to annexation of the Property under such circumstances. ~wne~•s fut`ther agree that such annexation by the City shall be deemed val~u~tary, and not subject to the requirements and procedures for an annexation plan, as ~•equix•ed by Tex. Loc. Gov't Code section 43.052, or successo~• statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale o~• conveyance, give 30 days written notice of this Agreement to the p~•ospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Dizector of Planning and Development 221 N. Elm St~'eet Denton, Tx 76201 Section 7. Recordin .This Agreement is to ntn with the Property and be recorded in the real property records, Denton County, Texas. Section S. Severabilit , h~validation of any provision of this Agreement by judgment or court orde~• 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 thereafte~•. Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. 4 Section l~, 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 11, Venue, Venue for this Agreement shall be in Denton County, Texas. Section 12, Execution in Multi le Co ies. This Agreement maybe separately executed in individual counterparts and; upon execution, shall constitute one and same instrument. Section 13. Terre and Extension, The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Ter~r1"}, 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, Tlae covenants in Sections 2, and 4 shall survi~re terr~~inatior~ of this Agreement, together with any other provisions, as may be necessary for the irnplernentation ofthose sections, The Parties hereto have executed this agreement as of , 2010. owners A' / Steven C, Naus THE CITY OF DENTIN, TExAS By; CityManager, Deputy City Manager, or Designated Representative THE STATE 4F TExAS } COUNTY OF DENT4N } • ' This ~nstrurnent was acl~.awledged before me on the da of~~ ~ G,,~ y a 2010, by Steven C. Naus. .~`'`~rP~'~~•, Sr~PI~A~1E IYK~I CtEMMONS ''Ar'`' Pudic State of ~'ax~s ~ Nota~ Ca~missian Expires M .y: ~n~~ ~'~i'+I~~~'wye,'~ February 19, Notary Pu lic, State of Texa ~''~uni+~~~~ 5 THE STATE 4F TEXAS } CQUNTY QF DENT4N } _.w.z T is instrumen was ackn . wled ~d before e~ ~n the day off' ,2~' , by City Mana rlDeputy City Mana rlDesignated Representativ , on behalf of e City of Denton, Texas: y n otary Pu ~c, State of Texas ,~~~'`~v~'i~'~1,, ~I~P~NI~~ K~ WA~~~R~ ~~t~~~ ~1J~~3~ ~t~t~ ~a~ `~~x~s ~o ~r~~i~~~~f~~, ~xpl~~~ ~f~~ ~~~i~~C ~ ~ {~'f~l~i~ti~l l APPROVED AS TO LEGAL FORM; ANNA BURGESS; ~CITY~ATT~ ~ EY . ~ . _ . ..w BY 2. m. , u R~~ . ~I I i i After recording returtl to: Jennifer Walters City S ecretary 215 E. ll~cl~.im~ey Denton, Tx 76201 CHAPTER Z12 TExAS LOCAL GOVERNMENT CODE NON~ANNExATION AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex, Local Gov't Code by and between tl~e City of Denton, Texas ~tl~e "City"} and Wolfgang Skledar and Astrid Skledar ~"Owners"~, the p~•operty owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively refen•ed to as "Party" or "Parties"; That property described in a wan•anty Deed with Vendor's Lien dated on or about April 14, 2009, from Jess Elrod azad Sheryl Elrod to Wolfgang Skledar and Astrid Sl~leda~•, recorded at instrument number 2009-45939 of the Real Property Records of Denton County, Texas, which is attached he~•eto as Exhibit A, and commonly known as Tax Parcel No. 61196, consisting of approximately 7,476 acres of land. WHEREAS, the City lags 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 extrate~•rito~~ial 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 fo~• agricultural or wildlife na.anagement use, o~• timber land pursuant to Tex, Tax Code chapter 23.C, D, or E; and WHEREAS; OWNERS ~•epresent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex, Loc, Gov't Code section 43,035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc, Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange far the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with ag~•icultural 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 Prope~•ty Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows 1 ~ ~~~~IT k Section 1, Continuation of ET1 Status, The City guarantees the continuation of the extratei~itorial status of the Property and agrees not to annex the Property for the teem of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agz.•eed 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 Prope~•ty for the teen 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-fancily detached faun ar ranch dwellings, provided that no single-family dwelling ncay be located or constructed on a lot smaller than five ~5} acres, The property owner may apply to the City for division of tlce land subj ect to this Agreement into parcels, each of which is at least five ~5} acres in size, for the puz~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, Goye~~cl~ u~latio~cs. The following City regulations shall apply to any development of the P~•operty, as maybe amended from time to time, provided that the application of such •egulations does not result in interference with the use of the land for agricultural, wildlife ncanagement or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which rencains 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, 199-2020, as ancended, including but not limited to the ~RD-5} Zoning District ~•egulations, and standards inco~~ozated therein ~2} Tlce subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Crite~•ia Manuals including constz•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 Specifications for Public works Construction, North Central Texas, 3rd Ed,1998 ~NCTC4G Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. lnte~~cational Building Code, 2006 Edition with local amendments; b, international Residential Code, 200 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; 2 d. International Plumbing Code, 2006 Edition with lacal amendments; e. International Fuel Gas Cade, 2006 Edition with local amendments; f, International Mechanical Cade, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. Intennational 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 ~~28-383 ~ 437 and §§17-141 - 210, as amended and as applicable; 1. I~•rigation Standards, Denton Code §~28-441 457; and gyn. 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; t6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 th~•ougla 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 3 Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4, Development Plan, ~o ,Rem ain 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 a~u~exation and pe~°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, or by common law, from the submittal of such inconsistent development application. The Owners fi~rther 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 An~lexation. ~A~ zf an Owner files any application or plan of development for o~• 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, tB} Thereafter the City may initiate annexation of the Prope~•ty pursuant to Tex. Loc. Gov't Code subchapter C~ 1, or other such other provisions governing voluntary annexation of land as may then exist, Owners expressly and irrevocably consent to a~.~nexation of the Property ~u~der such circumstances, Owners fi~rther agree that such a~u~exation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an a~ll~exation plan, as required by Tex. Loc. Gov't Code section 43,052, or successor statute, Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser o~• grantee, A copy of the notice shall be forwarded to the City at the following address; City of Denton, Texas ATTN: Director of Planting and Development 221 N. Elm Street Denton, T~ 76201 Section 7. Recordin .This Agreement is to r~u~ with the Property and be ~•ecorded in the real property reco~•ds, Denton County, Texas. Section S. Seyerability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. 4 Section 9. Remedies. This Agreement lnay 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 awlaer waives no rights as to matters not addressed in this Agreement. Sect1011 10. Cha~~ge Law. No subsequent change in the law regarding al~.~exation shall affect the enforceability of this Agreement or the City's ability to annex the propel•ties covered herein pul•sual~t to Section 4. Section ~ Venue, venue for this Agreement shall be in Denton County, Texas. Section 12. Execution zn Multi le Co ies, This Agreement may be separately executed in individual cou~aterparts 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 tl~e date the Agreemelt is executed by the City. The Tern maybe 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 Dave executed this agreement as of ~ ~ , Owners r r Wolfgang edar Astrid Sl~ledar THE CITY ~F DENTIN, TEAS By: City anager, Deputy City Manager, ar Designated Representative 5 THE STATE OF TEAS ~ COUNTY OF DENTON ~ This instrument was acl~nowledged before me on the 13th day of January, 2010, by Wolfgang Sl~ledar. r~ ~ a ~ 'l.__.. Notary Public, State of T xa THE STATE OF TEAS ~ COUNTY OF DENTON } This instrument was acknowledged before one on the 13th day of January, 2010, by Astrid Skledar, ia~l~~~v ~ ~ ~ Notary Public, State of T s r~ ~ THE STATE OF TEAS ~ COUNTY OF DENTON ~ This i ment was Knowledge before. e an the ay , 2010, by _ ~ ity Manage (Deputy ity ManageriDesignated presentative, on behalf of the City of Denton, exa . tiw*~1a~Y?U~rf~~~~ J~NN~~~R K, WAI,T~~S ~ Notary P~bli~, Stag a~ Texas o ry Pu State of Texas ~~,„,,~~,y~ My ~~r~r~isai~n ~~cpires ~ r~r~~r~I~IN~1~A~ ~~~~~~~r 1 U - ~q AN1TA BURIES S, CITY ATTORNEY µ _ _ _ . . ,.r..,:.... f~.~~ w~. r,.. R V .r J~ 1 , ~ ~ l V Demon County Cynthia Mitchell ~~h~b~t ~ Caunty Clerk Denton, Tx 16202 7a~aa~oaa~~aa~ 4 Instrument Number: 2Q09-45939 As Recorded On: April ~T, 2409 Warranty Deed parties; ELRDa JETS ~ Billable Pages, 5 To Number of Pages: 5 Comment; ~ (Parties listed above are far Clerks reference only ~ Examined and Charged as Fellows; Warranty Deed 27.x0 ' Taal Recording: 27',00 i DO NOT REMOI~E~ THIS PAGE 15 PART OF THE INSTRUMENT Any provision herein which restricts the Sale, Rental ar use of the described REAL PR4P~RT1~ because of color or race is lnvaiid and unenfc~rceabie under federal taw, File Information: Record and Return To: Document Number: 2009-45939 Receipt Number. 5?'S808 WCLFCANG & ASTRID SKLEDAR ~ Recorded DatelTime; April ~ 7, 2Q49 ~ 2;3fi;54P 4243 FM ~ ~ 73 KRUf~ TX 1626G ~ User lStation; D Kitzmiller -Cash Station 2 THE STATE flF TEXAS } C4UNTY~F DENTUN } ' I hereby aarti~y tfiat thls instrument was FIL~C1 in the Rile Number sequence en the dateltlme i prlntad heron, and was quit' R~CgFtt?Ep in the giflclal Records of Renton Caunty, Texas, ' ~ C~f~Izk~I.(. ~ z~~r, * County Clerk Dent4n Caunty, Texas /a f ~ ~1~ j ~.b NOTICE OF CONFIDENTIALITY RIGHTS: 2F YOU ARE A NATURAL PERSONo YOU MAY' REMQ~IE OR STRIT{E ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST ITT REAL F~,OPERTY BEFQRE ZT IS FILED FOR RECORD IN THE PUBLIC RECORDa: YOUR SUCIAL SECU~ZTY NUMBER OR YOUR DRIVER'S LICENSE NUMEERo Warranty Deed with vender's La.en Date; 2009 Grantor. JESS ELRUD and SHERYL ELROD Grantees WQLFGANG SKLEDAR and ASTRZD S~LEDAR Grantee's Mailing Address: 4203 Spring Meadow Ln. F~,ower Mound, Texas 75428 Denton County Consideration: TEN DQLLARS ~$1.OR00} and other good and valuable consideration and a note of even date executed by Grantee and payable to the order of Grantor 'E in the principal amount of 'F'WD HUNDRED FIVE THQUSAND AND NO/~00 DaLLARS ($205,404.00}. The Hate is secured by a first and superior vendor's lien and superior ta.t~,e retained in this deed and by a fasst~-lien deed of trust of even date from Grantee to PRZL L, ADAMS, trustee. Property including any impxovements~, See Exhibit ~'A" attached hereto and made a part hereof for all purposes, Reservat~.ons from Conveyances The herein described tract of land a.s being conveyed subject tv all outstanding Mineral Deeds and~or Reservations, Royalty Deeds and/or Reservations, oil. and gas .eases, easements and property restra.cta.ons appearing of record in the Deed Records and/or offa.cial Records of the County in the property described herein; affecting the herein. described property, all of which are excepted from the WARRANTY herea.naf ter ga.ven . Exceptions to C©nveyanee and. warranty: Liens described as part of the Consideration and any other liens described a.n this deed as bea.ng either assumed or subject to which title a.s taken, validly existing easements, rights-of-way, and prescra,pt~.ve ~ rights, whether of record or not; all presently recorded and vala.dly existing instruments, other than conveyances of the surface fee estate, that affect the Property; and taxes for 2009, which Grantee assumes and agrees to pay, but not subsequent assessments for that and prior years ~ due to change in land usage, ownersha.p, or both, the payment of which i i Grantor assumes. Grantor, far the Consl.dexatian and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and s~,ngular the ' rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor bands Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming ar to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. As a material part of the Cansiderat~.on far this deed, Grantor and Grantee agree that Grantee is taping the property "AS IS" wa.th any and all. latent and patent defects and that there l.s no warranty by Grantor that the Property has a particular financial. value or is fit for a particular purpose. Grantee acknowledges and stipulates that Grantee is not relying an any representation, statement, ar athear assertion with respect to the Property condition but is relying an Grantee's examination of the Property, Grantee takes the Property with the express understanding and stipulataan that there are no express or implied warranties. The vendors lien against and superior title to the Property are retained until each note described is fully pal.d according to its terms, at wha,ch time this deed will become absolute, When the context requires, singular nouns and pronouns include the plural. SS ELROD HE L •LRab STATE OF TEXAS } COUNTY 0~' ~ This instrument was acknowledged before me on ~ ~ ' X009, by JESS ELRQD and SHERYL ELROD, I E ~ ' `~3Nj111~j~ ;~TT'-; N{CKVII+i~~N~' MY CpMMlSSiON EXPiR~S 5~~~.~,. Notary Public, State o~ Texas ~r~aI1~1~ My commission expiress Gr~c, ~ ~ ~ ~ 1.3 PREPARED IN THE OFFICE OF: 1~dams & Bennett 1,00 East Broadway Gainesv~,l~.e, Texas '16240 AFTER RECORDING RETURN To: ~ ~ ,1 ~ ~ ~ ~ I e~ EXMIBIT'A~ File No„ 11491ZSRFW21 ~HJ} Proper~jr; 4243 FM 1173, Krum, TX 76249 FIELD NOTES TO ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE a. HANEY SURVEY, ABSTRACT NUMBER 515, DENTON COUNTY, TEXAS AND BEING KNOWN AS THE EAST 1/2 OF TRACT 30 OF LITTLE BROOKE ESTATES. UNIT 2, AN ADDITION IN DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3 PAGE 5 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS A5 RECOGNIZED AND OCCUPIED ON THE GROUND; THE SUB,]ECT TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING FOR THE NORTHEAST CORNER OF THE TRACT' BEING DESCRIBED HEREIN AT A 1J2 CAPPED IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID TRACT 30 IN THE SOUTH LINE OFF .M. ROAD 1173; THENCE SOUTH 00 DEGREES 03 MINUTES 1U SECONDS EAST WITH THE EAST ONE OF SAID TRACT 30. ALONG AND NEAR A FENCE A DISTANCE OF 1243.40 FEET TO A METAL FENCE CORNER POST FOR THE SOUTHEAST CORNER OF SAID TRACT 30; THENCE NORTH 89 DEGREES 54 MINUTES 05 SECONDS WEST WITH THE SOUTH LINE ` THEREOF ALONG AND NEAR A FENCE A DISTANCE OF 2fiD.73 FEET TO A CAPPED IRON ROD SET FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 00 DEGREES D3 MINUTES ~,0 SECONDS WEST'WITH A LINE SEVERING SAIL TRACT 30 EQUALLY INTO, ALONG AND NEAR A FENCE PART OF THE WAY, A DISTANCE OF 1,1251.32 FEET TO A CAPPED IRON ROD SET IN THE NORTH LINE OF SAID TRACT ON THE SOUTH LINE OF SAID FM 1173; THENCE SOUTH fib DEGREES 09 MINUTES 47 SECONDS EAST WITH SAID SOUTH LINE AND THE NORTH LINE OF SAID TRACT 30 ALONG AND NEAR A FENCE A DISTANCE OF 260,87 FEET TO THE PLACE OF BEGINNING AND ENCLOSING 7.47 ACRES OF LAND. A.P,N. 11g91~9•~W~~ f of 1 i After recording return ta: Jennifer Walters City Secreta~•y 215 E, McZ~inney Denton, T~ 76201 CHAPTER 212 TEAS LG CAL GOVERNMENT CODE NON^ANNE~ATION AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and Shawn Sloan, fll~l al Shawn S. Parr ~"Owner"}, the property owne~• of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties"; Lot 25 and a called portion of Lot 24 of Little Brook Estates, an addition to Denton Caunty, Texas, according to a plat thereof recorded at Volume 489, Page 273, Deed Records of Denton County, Texas, desc~•ibed in a warranty Deed with Vendor's Lien dated August 6, 2002 to Shawn S. Par~.•, recorded as instrument number 2002- 80101331 in the Real Property Records of Denton County, Texas, said parcels being commonly l~nown in the recards of the Denton Central Appraisal District as Tax Parcels 61113 and 244904, and comprising 15 acres of land, more or less. WHEREAS, tlae City has given notice of its intent to institute annexation proceedings for the P~•ape~~ty in accordance with Tex, Loc, Gov't Code ch, 43; and WHEREAS, Owner desires that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Owner and the City acknowledge that this Agreement between them is binding upon the City and the 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 her intention not to develo the p Prope~•ty during the term of dais Agreement; and WHEREAS, Tex, Loc, Gov't Code section 43,035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex, Loc, Gov't Code section 212,172 for purposes of retaining land i~a 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 W:~3EREAS, 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 reco~•ded in the Real Property Records of Denton County, Texas; 1 ~ II1T IL A. m New, THEREFORE, in consideration of the mutual covenants contained herein, tl~e 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 fox• the te~•m of this Agreement, as he~•einafte~• defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to tl~e provisions of this Agreement, Section 2. Development Plan. The 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 fa~~n-related and rancl~-related uses and customary accessory uses, and single-family detached fa~~n or ranch dwellings, provided that no single-family dwelling maybe located or constructed an 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, far the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Prope~•ty in satisfaction of Tex, Loc. Gov't Code section 212.172~b}, Section 3. Governing 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 ar 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 standa~•ds 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 constr~lction, drainage, site design, solid waste, transportation, t~•ee 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 Crove~~.unents Standard Specifications foz° Public worl~s Constt~uction, North Central Texas, 3rd Ed.1998 ~NCTC4G Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting; a. Inten~ational Building Code, 244 Edition with local amendments; b, International Residential Code, 2046 Edition with Appendix G and local amendments; 2 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. Inte~~.ational 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 83 - 437 and ~ ~ 17W 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 ~.•equirements, contained within Chapter 26 of the Denton Code of ordinances, as amended, and Subchapters 16 and 21 of the DDC, as an~ended, 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 Enviro~unental 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 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 te~•mination of this Agreement for any reason, the Development Plan set foxth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, o~• until the effective date of the annexation and pe~•manent zoning of the Praperty, whichever first occu~•s. The Parties covenant and ag~•ee 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 Owner expressly waives any vested ~•ights that might other wise arise under local or state law, or by comn~.an law, from the submittal of such inconsistent development application, The Owner further agrees that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect, Section 5, A reement Deemed Void in Part' voluntar Annexation, ~A} if an Dwner files any application o~• plan of development for or otherwise con~tnences 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 annexation of the Property pursuant to Tex. Loc, Gov't Code subchapter C-1, o~• other such other provisions governing voluntary an~lexation of land as may then exist. Owner expressly and irrevocably consents to annexation of the Property under such circumstances. Dwner further agrees that such a~~aexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an azu~exation 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 ar g~•antee, 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, Recardin . This Ag~•eement is to non with the Property and be recorded in tl~e real property records, Denton County, Texas. 4 Section 8, Severability. Invalidation of any provision of this Agreement by ~udgrnent or court o~.•der shall not invalidate any of the remaining provisions which shall remain in fitll 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 enfo~•ce the provisions of dais 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 Multiple ,Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Te~~n 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 maybe extended upon mutual agreement of tlae 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 have executed this a reement as of ~ ~ . g owner awn Sloan, fll~lal Shawn S, Parr THE CITY CAF DENTIN, TEAS By' City Manager, Deputy City Manager, or Designated Repz•esentative 5 THE STATE QF TEXAS } COUNTY aF DENT4N } This instrument was aclmowledged before me on the day of January, 2010, by Shawn Sloan, } , i 9~J af~~a~ CH~t~T#~~ A4 Q1C °r ~ , .gib ,`;~'E? ~8X ~ ~ ~ ~4't at-~~+" March ~Ot a ~ ~ -"~+I~fE1111~ ~ Notary Public, State of Texas THE STATE QF TEXAS } COUNTY QF DENTQN } This ins cent was ac Knowledge befo - me an the r.. day f 9 2010, by i Mana rlDe u Ci ManagerlDesignated R resentative, on behalf of the Ci of Denton, Texas, N~F~ W~1~~~5 o ry Pub 9c, State of Texas 4,4~b,~p4Y P~j~'~{ ~ N~t~ry ~~~~1f~ ~~t~ t~f ~'~xas 'd ~ D ~ ~ ~ T~~- E ~m.~ ~ ter recording return to a Jel~aife~° Walters City Secretary ,elianeoUSll~lannexationsllayd & Linda smith non-annexation agreement.doc 215 E, Mc~.inney Denton, TX 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CGDE NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex, Local Gov't Code by and between the City of Denton, Texas the "City"~ and Loyd R. Smith & Linda Dianne Smith ~"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 west part of Tract 3 0, Little Brook Estates, Unit No. 2, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas, and containing 7,5236 acres of land, more or less, situated in the James Haney Survey, Abstract No, 515, Denton County, Texas, and being more fully described in that certain warranty Deed with Vendor's Lien dated January 23, 1956 from Benjamin Loyd Smith and wife, Siddle Smith to Loyd Ronald Smith and wife, Linda Dianne Smith, filed for record on February 10, 1986 and recorded in Volume 1 S 18, Page 55S of the Real Property Records of Denton County, Texas, Said west part of Tract 30, Little Brook Estates, Unit No,2, is commonly known as DGAD Property ID 61200, 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 w~EREAS, Gwners 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, 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 IT 1 , 46 s;lour dacumentslmiscellaneousllQlannexationslloyd & Linda smiti~ non-annexation agreement.doc 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 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, subj ect, 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, pravided that no single-family dwelling maybe located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Property in satisfaction of Tex, Loc. Gov't Code section 212.172~b}. Section 3, Governing ulatians. The following City regulations shall appl to an Y Y development of the Property, as may be amended from time to time, pravided 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,1999-202, 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, 28 and 29, and DDC Subchapter 24, adopting; a, lnternational Building Code, 2006 Edition with local amendments; 2 s.lour documentslmiscellaneousll0lannexationslloyd & linda smith non-annexation agreement,doc b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; d, International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f, International Mechanical Code, 2006 Edition with local amendments g, Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h, International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments, j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§2$-3$3 - 43 7 and § ~ 17~ 141- 210, as amended and as applicable; 1, Irrigation Standards, Denton Code § X25-441-- 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 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, 3 s;lour documentslmiscellaneaus1l01annexationslloyd & Iinda smith non-annexation agreement.doc 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 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 Qwners 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 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 o days written notice of this Agreement to the ros ective urchaser or rantee. A co of the notice shall be forwarded to the Cit at the p p p g PY Y following address; City of Denton, Texas ATTN: Director of Planning and Development 221 N. EIm Street Denton, Tx 76201 Section 7. Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. 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 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 Qwner waives no rights as to matters not addressed in this Agreement, 4 s:bur dacumentslmiscellaneous1101annexationslloyd & linda smith non-annexation agreement,doc Section l o, 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 Z, Execution in Multi Ie Co ies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute ane and same instrument. Section I3. 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 ~ 20 l 0 g . Owners ~ ~ Linda ianne Smith THE CITY ~F DENTIN, TEAS ~y. City pager, Deputy City Manager, or Designated Representative 5 s;lour documentslmiscellaneousll0lannexationslloyd & linda smith non-annexation agreement.doc TIC STATE OF TEXAS } COUNTY OF DENTON } n This instrument was acknowledged before me on the day of , 2414, by Loyd R. Smith. , r~jrhrlr pp ~p ' ~ r' '~1:: ~ ~ Natary F't1~liG Sty#8 ~f Tex M~ co~M~ss~o~ ~xr~R~i ` Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the day of ce ~ , 2410, by Linda Dianne Smith, ~l i ---Le ~ Not~ry,~Pf~ye~I~C 5t~te of Text y ~ ~ ~ W ~~ay Mf ~V1~~li1IW~~V~ ~Ar~~~~ / a 9rF o~ ~ ~~1~'oh g~13 _ Notary Public, State of Texas } THE STATE OF TEXAS } COUNTY CF DENTON } his instru nt was wedged before me ~n.~the~....~.. day o ,24 ~by ' Mana erlDeputy City Mana erlDesignated Representa e, on beha of the City of Denton, Texas. .w e~~~~YkPU+r~~ ~~~N~~~a WA~~~~~ o ry Pub ' ,State of Texas ~`~~•~4i~,► 1~~f~~w NOt~~ ~U~li~ ~t~~~ ~f ~~X~S ~ Nib ~~~~~,i~~l~~ ~~ir~s rrf~~~~f~k~i ~ t APPROVED AS T~..LE~~LyTOR~ ; ANITA BU,RC~ESS, CITY ATTORN ~sr ,frJ~• ~A,„,...-....,.m.-.... d .p....~°'_ • m After recording return to: Jelu~ifer Walters ;llaneousll~lannexationsl ats ste~vart non-annexation a reement.doc Cit Secretary ~ Y ~ Y 2 ~ 5 E.1VIcl~inney Denton, TX 76201 CHAPTER 212 TEXAS LGCAL GGVERNMENT CODE NON-ANNEXATIGN AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and Patsy R. Stewart ~"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 Tract 17, Little Brook Estates, an Addition to Dentan County, Texas, according to the map or plat thereof recorded in Volume 489, Page 2?3 of the Real Property Records of Denton County, Texas, and being mare fully described in that certain warranty Deed with Vendor's Lien dated November 19, 1979 from F.T.B. Building Corporation to Douglas K, Taylor and wife, Patsy R, Taylor, filed for record on December 19, 1979 and recorded in Volume 992, Page 728 of the Real Praperty Records of Denton County, Texas. SAVE & EXCEPT; A 1.0 acre tract of land, more ar less, described in Volume 1099, Page 113 of the Real Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commanly known as DCAD Property ID 75105, A 1.0 acre tract of land, more or less, described in Volume 1119, Page 492 of the Real Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly known as DCAD Pt~operty ID 78103. Those two 1.0 acre tracts of land, more or less, described in Volume 1124, Page 29S of the Real Property Records of Denton County, Texas. Said 2.0 acres, more or less, is commonly known as DCAD Property ID 78102. A 1.0 acre tract of land, more or less, described in Volume 1128, Page 994 of the Real Property Records of Denton County, Texas, Said 1.0 acre, mare or less, is commonly known as DCAD Property ID 75104. A 1.0 acre tract of land, more or less, described in Volume 1128, Page 998 of the Real Property Recards of Denton County, Texas. Said 1.0 acre, more or Tess, is commonly known as DCAD Praperty ID 78101. A 5.0 acre tract of land, mare or less, described in Volume 1171, Page 409 of the Real Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly known as DCAD Property ID 78099, A 1.0 acre tract of Land, more or less, described in Volume 4897, Page 43 00 of the Real Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly known as DCAD Property ID 241409, ~~r 1 . NE s;lour dacumentslmiscellaneaus1141anne~atianslpatsy stetivart non-annexation agreement.dac Note; See the certified copy of the Decree of Divorce in the Matter of the Marriage of Patsy Ruth Taylor and Douglas Kenneth Taylor, Cause No. 83-42o9~B, in the District Court of Denton County, Texas, and filed for record on March 11, 1 X84 and recorded in Volume 1362, Page 4$~ of the Real Property Records of Denton County, Texas, for the disposition of the interest of Douglas Kenneth Taylor. The remaining Northeast 4,0 acres of Tract 17, Little Brook Estates, is commonly known as ~C~D Pt~aperty ID 61 D9I. 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 wHER.EAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc, Crov'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. 2 s;lour documentslmiscellaneous1l01anne~ationslpatsy stetivart non-annexation agreement.doc 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 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 flue ~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: ~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 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, 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; d, International Plumbing Code, 2006 Edltlon wlth 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; 3 s;lour documentslmiscellaneousll0lannexationslpatsy ste~~art non-annexation agreement.doc 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 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 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 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs, The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan, The owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application, The owners further agree that no use commenced ar completed on the Property that 4 s;lour docurner~t~lmisceilaneous1101annexationslpatsy ste~vart non-annexation agreement,doc 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 reement Deemed Void in Part Volunta Annexation. ~A} If an Dwner f les 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 ~ 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 76241 Section 7.' Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas, Section 8. Seyerabi~. 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 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 Uwner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the Iaw 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 Nlulti le Co ies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument, 5 s:lour dacumentslmiscellaneaust101annexationslpatsy ste~~art non-annexation agreement.doc 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 w , 201 owners Patsy R, Stew rt THE CITY aF DENTIN, TEAS By' City onager, Deputy City Manager, or Designated Representative THE STATE ~F TEXAS ~ COUNTY QF DENTIN ~ This instrument was acknowledged before me on the day of r~-~l~.- ~ , 2010, by Patsy R. Stewart. 3.w~ . Notary Public, State of Texas 6 s:lonr dact~mentslmiscellaneousll0lannexationslpatsy Stewart non-annexation a~reement,doc THE STATE OF TEXAS ~ COUNTY OF DENTIN ~ his rostrum ~ t was ackno ledge before ~ ~ day ,20~, by _ ~ . ,City Man gerlDeputy City Manag rlDesrgnated Representativ an~behalf of t e City of enton, Texas, f Publi , tate of Texas ~~i~4i~'P'l~f~ ~ M41 ~~~7 J ~~NN~~~R W w ~ N~t~ry Pt~~ii~, ~t~te of Texas ~~~ir~l~~lq~~ x~ires ~9 ~ ~~i1~~- L~~~~I~~~ I APPROVED AS T~ LEGAL FARM: ANITA BURGESW~,~:~CTYATT~~ ~ Y ~.~.r w.~.m . 7 After recording return to: Jennife~• Walters City S ecretary 215 E. Mcl~iiuaey Denton, T~ 76201 CHAPT ER 212 TEAS Lt]CAL GGVERNMENT CGDE NGN~ANNE~A.TIGN AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex, Lacal Gov't Code by and between the City of Denton, Texas ~tlae "City"} and William E, Watson, Jr, & Rose E, ~watson ~"Owners"}, the p~•operty 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 William E. Watson, Jr, & Rose E, Watson which is recorded at lnstl•ument Number 45620 of the Real Property Records of Denton County, Texas, and commonly known as Tax Parcel No. 61090DEN, which is attached hereto as Exhibit A, consisting of approximately 15 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, Qwners desire that tlae Property remain in the City's extraterritorial jurisdiction ~"ETJ"~ for the term of this Agreement; WHEREAS, Qwners and the City acl~nowledge that dais Agreement between them is binding upon the City and the Qwners and their ~•espective successo~•s and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property curz•ently is appraised for ad valorem tax puz~oses as land for agricultu~.•al or wildlife management use, or timber land pursuant to Tex, Tax Code chapter 23.C, D, or E; and WHEREAS, QwNERS represent that it is their intention not to develop the Property during the tertaa 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 fo~• 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 S; and WHEREAS, this Ag~•eement is to be recorded in the Real Property Records of Denton Coluaty, Texas; Naw, THEREFQRE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: 1 t1T ~ ,  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 fo~• the term of this Agreement, as 1~ereinafter 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 P~•operty for the term of this Agreement and any extensions agreed to by the Parties shall be limited to fa~~n.-related and rancl~Wrelated 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. Gover~lil~Re u~ations. The fallowing 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 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, ~ 999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incot~orated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Gove~~nents Standard Specifications for Public Worl~s Constr~~ction, No~•th Central Texas, 3rd Ed.1998 ~NCTC4G Manual}; ~3} Denton building codes, as contained within Denton Code Chapters I7, 28 and 29, and DDC Subchapter 24, adopting: a, Intel•~~ational Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and Iacal amendments; c, The International Fire Code, 2006 Edition with local amendments; 2 d. Inte~•national Plumbing Code, 2006 Edition with local amendments; e, I~lternational 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; ll. Intel•national Energy Consel•vation 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; l~. Minimum housing and building standards, Denton Code ~§283$3 437 and ~~17-141 - 210, as amended and as applicable; 1, Irrigation Standards, Denton Code ~~2$-441- 457; and 111. 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 opel•ation 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 related standards, as contaix~ed within Chapter 30 of the Denton Code, as amended, and subchapters 17 tlll•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 the Texas Commission on Environmental Quality, as amended, and applicable adinii~istrative standards of the Federal Eme~•gency 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 3 Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Develo meet Plan to Remain in Effect. Following termination of this Agreement for any reaso~a, the Development Plan set fal•th in Section 2 shall remain in effect for a pel•iod of 180 calendar days thereafter, or until the effective date of the a~~exation 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 tl~e 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 SOWday period during which the Development Plan is in effect, Section 5, A reement Deemed Void in Part' Voluntar An~le~ation. ~A} Tf an Gwner files any application or plan of development for or otherwise commences development of any po~•tion of the Property inconsistent with the Development Plan provided in Section 2, sections 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 C-1, or other such other provisions gove~.~ing voluntary annexation of land as may then exist, owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owne~•s 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,D52, or successor statute, Section 6. Notice of Sale. Any person who sells or conveys any portion of the Prope~•ty 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 r~Xn 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, 4 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 so shall not be deemed a waiver to enforce the provisions of this Agreement thereafte~•. 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 arlllexation shall affect the enforceability of this 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. Section 1Z. Execution in Multi le Co ies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13, Term and Extension. The initial term of this Agreement shall be for a pe~•iod 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 nay 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. The Parties hereto have executed this agreement as of OW11erS ail ' n E, Watson, J~•. Rose E, Watson THE CITY OF DENTON, TExAS By; City Manager, Deputy City Manager, or Designated Representative THE STATE OF TEXAS ~ 5 COUNTY OF DENTON } This instrument was acl~nowled ed before me on the l da o g y ~ ; 'lliam E, Watson,lr., r ;,,ti `y~tiaiP1~Y Au~~i~i J 4 N N 11" I' a; w ~ ; = Notary Pt~blic;, Stag crf e ~xa,.~ r.N~~l ~ , ~ ' dry,` y C C1 f ~ Cl~l I S S I ~ s. ,~flf~r ~4 Ufl ~:X~IrP,S ' '~1►l,l,t►~► Nov~m~~r 13 N a y Publ' ,State of Texas THE STATE QF TEXAS } COUNTY OF DENTON } This instrument was acl~nowledged before me on the day ZO , by Rose E, Watson, 4,t+lrrr► JNNIC~ ~llA~ wy~b~~~Y pU~,,Af~w v Notary #~ubiic, State of texas ~ N1y commission ~x~aire~ ' ~ a o Pub ,State of exas THE STATE OF TEAS } COUNTY OF DENTON } ~ ~ This instrument was acl~no 1 ged before eon the day f . ~ariage~ eputy City ManagerlDesignated ~ presentative, on behalf of the City of Denton, ,~`'`~~`Fa'~~~ J~~lNI~~~ K~ WA~T~~S b ; ~ ; Nat~ry ~u~ll~, state ofi Texas ,;gyp ~y ~~mt~~~~tar~ expires tary Pub1 State of Texas ~ ~ ~~.y4Y ~4 r n APPR As ~o..LE~A~~~FoRM; ANITA B~TRGESS, CITY ATTORNEY ,f. ~ w~ . r_.w ~.~.m. e ytl,,,,^.:~~ x ..-a......,.~.,,,..., . . ~ ~ ~y it~C State ~3r a(1't~~ fnr ns~ by l~wytn only. ' Re+riscd Ili-8~, 1 : ~~sh►~swe~~rt,~ ~ Y ~r~~~~~~ 3 Datt; Atx~tts~ f ~ 1g~2 Gr~stitor. Biil~► ~dC.k Mau~it~ and xife~ Ga~rviym l~t~frt grantor`s 1~iailing Address (ir►eludin$ caurttyl• Grar~~; ~lilxidm ~t$oq/a~i Wi~~, Rpse B. Wa i Oranl~c's 1~iailit~~ Addre~s iittcludin~ raurltyl; Rte ~r pad i173 i K~ (~nton ~aunty+) ~ ~xaa 7649 Cort~idcration: ~er1 cellars ~SiQ.~I~ grid outer good a~ vaaw~b~a aot~iderstian, ~n(3 th8 CCJTt~~dLrd~lpn 4~ ~h~ ~lgt1 8~ $iZ$~8~0.~0 paid ~b grantQt' by F.~Y~t Bc7tlkeCS N~a>"tgag2 ~'aX`~?, ~ ~"[ktxiet:"~ ~t ~n9~tC~ and rest of gt'antee, as ev~dertce aE wt~ach said gt:ar~t~ ~ execute and delivered a ~ranissory note? o~ even date het:e~rith that is xn the principal sup a>: $ a26►~~0,~0 and is payable tp order a~ [,~txle~r~ utlxC~t is seated by' the vendor's lien herein regained and r~ioh vene~ar'~ lien is hereby trar~~erred ro Gender► iGs successors a~td assie~ns~ the ~,y~ named in said rio~e~ and additionally seGUred by deed a~ tr~s~ e~f even date het:euxth to games C,eesi,xn, tee. ! .=1. ._s_ w. ..w..~,t..,S,._.~.,,-~.,.,,~«-r,..~.+,.+w.~-~1.•ti.y.....tiw~ww,«w._, ~ tiw•~r. nt.~~+.+r._ac.ve.,t,;r.r~4~r,~ r~J.:~-►C -•r, t:~=~.a'~:..' a.. . . :~i f"'rt1-i~4i:~•.~~„=:1.4./id4?s~~RtSti-~.~iy~•--.~~•~.w~t.• ~J~.- f ~ ~ ~ ~ .r...-, i 1 ' w. tip.. ~ r ~ ~ Pr~apcrty ~in~~iudin~ any in~~u~~ti~ciit~~ui~~: Yo~3~ 9~ 5 f 1 ~ tx~ ~aet Z9 of GI~t,~ ~'S'i'A~~S, tRV~T are ~iti8~ to bent~~ Cnttnty, TBxaSr d~ot~ciirig t~ kha ~3ap thereof t~Orde~3 ir1 YO~~ 3r Pale a~ a.~ rhs rilat ~ecards ~entan Cn~my► fiexa~ G i r Rt`at'~►,~1~{gym Itn~tt f.~~r~~~itir tE~ ('~~mrc:,~~~~ ,in~i ti4',itr~ai► ~hi,~ a~p~ed st~j~t r~ ali easemer~tsr reservatiar~, v~ar~litiar~F c~~ and ' anal xestrieGive covenants as ~e appear record ~r~ the offic~n ~ the panty C1er~ o~ the cot~nt~ in whim tie pr~rry is sit~ted, to khe extent thaC same a~iy to su~jec~ pro~xty sr~ remain in effect. k, r ~TT 1' :w r ;c i r` •'•~1' r "1°Yy ,'xY~ri;s .~f~,r~,~: ~r`'F-.. vt. ~,yA} ~:YS....~r-.i%i~'.n.L.~J Lthni.`~`•C.i iJl :~+iKt:,~s ::^~!.;:J.7 ~.T'~• • , Lw{~ ~tCy . ~7t ~ i'~~,, 1 . -L .w . ~C. ~'~h'r! M}hlwr~ra/.rl1MF'rMt'1*.~+NjF,. JA7„r"i~'_"Y•y:L~.rv~•~.~-'ti~µ^vw.~a.y.,~~_•_..M+.~~aa~~-A'~"+~4r~i•x ~ y 3 ~ ~ ~r'~ rrarian and suhjMt to reservalinns front and c>4ecptiar~ to a f a tdn►•c s I~trc ~ xy nre and way Y e party, Ingcthe~ with all and siagulau the rightz al>d apiwrtenattces thrrtta in any wi>~~belan ~ ul~s. # hasr and hold it to Grantcc, Granrce's heir, etcccutars, administratvra 8tng, to , Grantor and Granter's heirs, eXrcututs, adtnirtistrar~, and wrcesso►s to w.~ ar~nt and fnr~ er d~ti, G~ntbr hcrthy hinds ~ I ~r[~Ctty lO CranttC ~t1d Grdtltt,G's htin, Cxecutn►x, administrators, succ~ssurs, and assi s efcnd all and singular the . 1a~►~tvlly cfaimirtg or 10 claim the same nr any thrnaF, rx~epl u to thr rr~csvatiant from ~d eat cvtry person whnmsorvcr arrptions Iv warranty. I The scndrir's lint! against ar~d suprriar title la the property arc rt;t,incd uAlil each Hole do ' tcrrru, at which tints this dcni shall becvmc ahwlutt. ~nbrd is fully paid ar~ordins to its !~'hCn tl►rronte~t rr:quires ingulxt rlnllns and p►enauns i>arludethr plural, ~il~y , ~arcayrt ~a pin 1 a t t~iw~w~~~ntt sr~r~ ar• ~~,~~s ra~:~n•ot= ~ This instcumem was:tcknawirdg~ ~°Cilrc mt ass tip hs' nllly Jack ~t~xn and w.~~~i Carolyn l~itr~itt day ~If Augu~~ , l4 ~2 • ' ~ i 1 JAh' ' ~ ~1Jf+ ~ T •~i~:. ~ ~rll~`CH~I,~. ~ ~ ti~.,5latrltirT~ta~ i ' itl,~,~tiib NC?TgRY ~ui3~r~ 1+~t , ~n.ln~t'rprlnt+~lr, f E y r sra~~ 0~ ~~~cAS , ti~}I.rr►'t+~+nlnlHStt~nrtl+ir~~; ~ ~~Kw~"~~.a~Cq~~4d~0 t i ~ tl~atpru#tr At1r~n►+trdRmtnrl t r ~T~IT~ Ofi Tl:~~1$ C~l:~~'4'Qp ! ' I ` ~ II Thi► Instrumt;nt stias arknl~Kictf~rd beft►rc me tin the 1'y U f ,19 of a cr~rlx~ratia~, urt bthalfuCsaid rr}rptlratien• '~+uar~ 17'ut~ic, Slat cif T~~t:~ !s'~>;an ~s tt~n►t f~IInI~~I• r {daf~'f 0~1fIIN+t{rp C1~11tC1; ~1t7t:tt itft"(~ttl?1tiG tthrGlx~k Tty. J ' 1 l~k~hAltl:f3l~t'fH~ l~Aw' OFt~lf`f; Up; 1r~n1 ~ ~ ~~1~'t~5 j~N .~:..L: 'w,1~~,~.....,., -.~.,-.y .~~.~:-.,...-..Y;,.,.~.....u...~:._.r..W,,,..,,L,J,.,,,r„r~ . ~ _ ynLFtr...m~A~.ky j a.i.~.r.,ya,., .~a. _ • .~L-Ir✓.~Lm..iJ~1•:1 •~~-1~::~iL' F~•-•,lLµ~:1..7[."~2/ -.[a~»J.k:::~:5%S;t«~,e:;~,r_eL~.L:7.z^-.~:F/•:.a.4~~'i.F'=:«~J. :~.C.t~~ s~~ 1.~.. r ~ ~ IS . -:.t-,L:~ _ _~..~:ir~~7==.:.a::a: ['~i%•~w:: iR:.1Ja1-i'Nra.. ?3 • • ~ ~ 1 f ~ ~ i 1 ~~~~~9SP~0~~~ K . ~ M aV r:- L}I. 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