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2010-042 %(+$1$%$1$-"$%.1, 2010042 7 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecordsAct Other %(+$2#§º«(´¯º¯§²¹ AmendedbyOrdinanceNo.201419507/15/14JR s:lour documentslordinances1l41paa3 accepting non annexation agreements,dac ORDINANCE N4. ZQl~-~~Z AN ORDINANCE PROVIDING FCR ACCEPTANCE 4F ELIGIBLE N4N-ANNE~ATIGN AGREEMENTS F4R AGRICULTURAL, WILDLIFE MANAGEMENT CR TIMBERLAND USE PROPERTIES WITHIN AN AREA 4F LAND ADJACENT T4 AND ABUTTING THE EXISTING CITY LIMITS GF THE CITY OF DENTC~N, TExAS, GENERALLY IDENTIFIED AS PAA3 OF APPRC~~IMATELY 1,075 ACRES LOCATED GN THE SaUTH SIDE nF GANZER RDAD, NORTH AND SDUTH DF BARTHOLD RDAD, NORTH CF FM 1173, WEST OF I-35, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FDR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.~~1, Subchapter C-l, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan, and the City desires to pursue annexation of PAA3, as hereinafter described; and WHEREAS, Section 43.035, Subchapter B, Local Gavernment 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 I'~ 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 j WHEREAS, the owners of some el~g~ble properties have executed such non-annexation agreements; the owners of other properties have executed such non-annexation agreements but there remain defects in the legal description of such properties; and yet others owners to whom E 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 DENTDN HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. s:laur documentslordinancesll41paa3 accepting non annexation a~reements,doc SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as PAA3, 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 PAA3, as described and depicted in Exhibits A and B, which have been properly executed by the owners of those properties and which have legally sufficient property descriptions, are hereby approved by the City of Denton and are attached hereto and incorporated herein by reference as Exhibits "C-1"through "C- SECTION 4, The City Manager is authorized and directed to sign the non-annexation agreements contained within Exhibits "C-1"through "C-~ "for and on behalf of the City of Denton as a ministerial act, but with an effective date of this Council's action 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 PAA3, 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 S O ORDERED. Passed b the Cit Council readin this 9t~ da of Februar , X010. Y Y g Y Y r M OU MAYOR ATTEST: JENNIFER wALTERS, CITY SECRETARY h I BY: ~ APPR ED A TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _ Page 2 EXHIBIT A Annexation Tract PAA3 Page 1 of 3} BEGINNING at a point on the present Denton city limits line, described as the southwest corner of an annexation tract established and described in Ordinance 1985-246 and further described therein as being on the centerline of F,M.1173; THENCE North 87° 57' East, along the center line of F,M.1173 and along the present Denton city limit line as established in said Ordinance 1985-246 a distance of 310,5 feet to a paint for corner; THENCE North 89° 39' East, along the center line of F.M.1173 and along the present Denton city limit line as established in said Ordinance 1985-246 a distance of 2,153,5 feet to a point far corner, said point also lying 500 feet west of and perpendicular to the center line of Interstate Highway 35, said point also being on the westerly line of a City of Denton annexation tract established and described in Ordinance 1969-40 (Tract ~I}; 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 ~I}, a distance of 4S feet to a point for corner, said point lying on the south right-of--way line of F,M.1173 and also being the northeast corner of a City of Denton annexation tract established and depicted in Ordinance 2007-268 (Exhibit A-3 therein}; THENCE South 89° 19' S4" west along the south right~of way line of F,M.1173, same being the north line of said City of Denton annexation tract established, described and depicted in Ordinance 2047-268 (Exhibit A and Exhibit A-3 therein}, a distance of 1,801 feet to a point for a corner; THENCE South 88° 07' 35" west along the south right-of way line of F.M.1173, same being the north line of said City of Denton annexation tract established and described in Ordinance 2007-268 (Exhibit A therein}, a distance of 99,83 feet to a point for a corner; THENCE North 88° 37' 44" West along the south rightMof way line of F.M.1173, same being the narth line of said City of Denton annexation tract established and described in Ordinance 2007-268 (Exhibit A therein}, a distance of 401.49 feet to a point for a earner; THENCE North 84° 33' 28" west along the south right~of way line of F.M.1173,same being the north line of said City of Denton annexation tract established and described in Ordinance 2007-268 (Exhibit A therein}, a distance of 100.64 feet to a point far a corner; THENCE North 87° 39' S9" west along the south right-of way.line of F.M.1173, same being the north line of said City of Denton annexation tract established and described in Ordinance 2007-268 (Exhibit A therein}, a distance of 1,634.99 feet to a point for a corner, said point lying on the easterly right-of way line of the Kansas City Southern Annexation Tract PAA3 [Page 2 of 3} Railway formerly Gulf, Colorado and Sante Fe Railroad Company},said paint also being the northwest corner of said Ordinance 2007-268 annexation tract; THENCE northwesterly, departing the existing Denton city limits and along the arcs, courses and distances of the said easterly railroad right-of-way line a total distance of 9,591 feet to a point for a corner; said point being the intersection of the said easterly railroad right-of-way line and the south right of way line of Ganzer west Road; THENCE in an easterly direction, along the courses and distances of the southerly implied right-of--way line of Ganzer west Road a total distance of 5,182 feet to a point for a corner, said point lying on the present Denton city limit line established and described by annexation Ordinance 1987-141; THENCE South 01° 58' East along the present Denton city limit line established and described by annexation Ordinance 1987-141, a distance of 922 feet to a point for corner, said point being the southwest co~~ner of said Ordinance 1987-141 annexation tract and also lying on the north line of a City of Denton annexation tract established and described in Ordinance 1969-40 Tract VIA; THENCE North 88° 53' west along the present Denton city limit line established and described by annexation Ordinance 1969-40 Tract VIA a distance of 250 feet to a point for earner, said point lying 500 feet west of the said center line if Interstate Highway 35 and being the northwest corner of said annexation Ordinance 1969-40 (Tract VIA; THENCE South 00° 44' East parallel to and 500 feet west of said center line of Interstate Highway 35 and along the present Denton city limit line established and described by annexation Ordinance 1969-40 Tract VI} a distance of 6,087 feet to a point for corner, said point lying 500 feet west of the said center line of Interstate Highway 3 5 and being the northeast corner of said annexation tract established and described in Ordinance 1985-246; THENCE North S9° 29' West clang the present Denton city limit line established and described by annexation Ordinance 1985-246 a distance of 324,6 feet to a paint for corner; THENCE South 89° 15' 40" west along the present Denton city limit line established and described by annexation Ordinance 1985-246 a distance of 1,000 feet to a point for corner; THENCE North 89° 28' west along the present Denton city limit line established and described by annexation Ordinance 1985-246 a distance of 1,034.21 feet to a point for corner; Annexation Tract PAA3 Page 3 of 3~ THENCE South 04° 25' 34" 'Vest along the present Denton city limit line established and described by annexation Ordinance 1985246 a distance of 1,271.72 feet to a point for corner; THENCE South 44° 42' hest along the present Denton city limit line established and described by annexation Ordinance 1985246 a distance of 426,35 to the POINT OF BEGINNING and containing 1,094 acres of land, ~ ~ = I t E X N I B I T B i `o N ~ ~ ~ ° E ~ ! 1 1 S ' ' Ga zer W ~ c~ ~ ~ I ~ ~ ~1 S ~ ` ~ ~ ~ , i~ ~ ~ I ~ i i ~ , : 3 i ,j t_. ~ ~ rj ~ i , ~ ~ ~ ~ I~ I ~~r r ~ ~ ~ N ~ . ~ ~ ~ ~ C • ` . ~ i ~ ~ 1 -a f i ' ~ ....t rrr j t o , j y . j i 1 ~1 ~ ~ € ~......_-i_.___ € ~ W.:aW.. _r ~ 3 ~i~ r t i ~ ~ ~ j ~ S . ! ~ t f EE I ~ ~ f March Branch N j / Ba~khhol~ ~ Y1 1f \ ~ \ \ S`~ F.M. ~ ~ 73 i C ` ~ i ~ ~ ti ~ s~ o ~ J C~ ~ 44 ~ 8 ~24~ E sovVa4 ._..........a..~ 1 t ~ FREESE Ctty of Denton, Texas 1 <NICH~LS PAA3 -1085 Acres N W E F82~ a ~aa ~,aaa z,aoo ~,aao I I After recording return to: Jennifer Waiters City Secretary 215 E. McKinney Denton, TX 7201 CHAPTER Z1Z TExAS LOCAL GQVERNMENT C[~DE N~N~ANNExAT~4N 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 Juan A. and Shelia Figueiras ~"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"a Being Lot 11, Bloch 1, Ganzer Estates, an Addition to Denton County, Texas, according to the map ol• plat thereof recorded in Cabinet M, Page 78 of the Plat Records of Denton County, Texas, and being all that cel•tain lot, tract ar parcel of land described in that certain warranty Deed with Vendor's Lien dated December 10, 1996 from Anderson Custom Homes, Inc. to Juan A, Figueil•as and wife, Shelia Figueiras, filed for record on December 11, 1996 and recorded in Instrument Number 96~R00$7262 of the Real Property Records of Denton County, Texas. Said Lot 1, Block 1, Ganzer Estates, is commonly known as DCAD P~npert~~ ~D 185~Z9. 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 City's extraterx•itorial ~Jul•1sd1Ct10n ~"ETJ"} for the term of this Agreement; WHEREAS, C~wnels and the City acl~llowledge 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 tl~e Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, ar timber land pursuant to Tex, Tax Code chapter 23,C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the tel•m 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 far the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, 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~IT 1 V hu 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~•ate~~itorial 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 nay 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 fa~~n or ranch dwellings, provided that no single-family dwelling maybe located or constr~~cted on a lot smaller than five ~5} acres. Tl~e property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan far the Property in satisfaction of Tex. Loc. Gov't Code section 212.172~b}. Section 3. Governin Re ulations, The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed; ~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 ~RDWS} Zoning Dist1•ict regulations, and standards incorporated therein ~2} The subdivision and development regulations captained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewate~•}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Gove~~unents Standard Speci#ications fo~° Public works Construction, North Central Texas, 3rd Ed. 1998 ~NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Cade Chapters 17, Z8 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local. amendments; b, Il~ternational Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; 2 d, Il~ternational Plumbing Code, 2406 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. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. 1~lternational Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments, j. National Elect~•ic Safety Code, 2003 Edition, with regional amendments; l~. Minimum housing and building standards, Denton Code § §283 83 437 and 17W 141- 210, as amended and as applicable; 1, h•rigation Standa~•ds, 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 Cade, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of tlae Texas Commission on Enviro~~nental Quality, as amended; ~6} Applicable Flood Protection, Draina e and related standards, as contained g within Chapter 30 of the Denton Code, as amended, and subchapters 17 t~.•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 administ~•ative standards of the Federal Emergency 1Vlanagement 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 standa~•ds of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended, Section 4. Deyelapnlent Plan to Re ' ,main in Effect. Following termination of this Agreement for any reason, the Development Plan set fo~•tl~ in Section 2 shall remain in effect fo~• a pe~•iod of 1 SO calendar days thereafter, or until the effective date of the annexation and 3 permanent zoning of the Property, whichever ~1•st 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 ol• completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expilatian of the 180yday period during which the Development Plan is il~ effect. Section 5, A reement Deemed Void in Pal•t~ Voluntar A~.~exation. ~A} If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Sectiol~ 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex, Lac. Gov't Code subchaptel• C-l, or other such other provisions governing voluntary annexation of land as lnay then exist, owners expressly and irrevocably consent to annexation of the Property lillder sucll Cll'CUnlStances. aWners ful•ther agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexatiol~ plan, as required by Tex. Loc. Gov't Code section 43.Q52, ol• successor statute. Sect1011 Notice of Sale, Any person who sells ol• 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 X21 N. Elm Street Denton Tx 7~Z~I i Section 7. Recordin .This Agreement is to run with the Prope~•ty and be recorded in the real prope~•ty records, Denton County, Texas. Section S. Seyerability. Invalidation of any provision of this Agreement by judgment or coul•t order shall not invalidate any of the remaining provisions which shall remain in full force and effect, Section 9, Remedies, This Agreemel~t lnay be enforced by either Owner or the City by any proceeding at law or in equity. Failul•e to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agl•eelnent by Owner waives na rights as to matters not addressed in this Agreement. 4 Section 10, Cl1an e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement o~• the City's ability to annex the properties covered hey°ein pursuant to S ection 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 countex~arts and, upon execution, shall constitute one and same instr~rment. Section 13. Term and Extension, The initial term of this Agreement shall be for a period of five ~5~ years fi•om 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 tl~e Parties. Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as maybe necessary for the implementation ofthose sections, The Parties hereto have executed this age°eement as of , 2010. Owners n A. Figueiras 1 She is Figt~ei~°as THE CITY OF DENTON, TEAS By' City ana er, Deputy City Manager, or Designated Representative THE STATE OF TEAS ~ COUNTY OF DENTON ~ This instt•un~ent was acla~owledged before me on the day of ~ ~ ~ 2010, by Juan A. Figueiras, ~ 'Ctk~) ANDY , ~ . Notary Public, State of Texa 5 THE STATE OF TEAS ~ COUNTY OF DENTQN ~ This inst~*ument was acl~nowied ed before n1e on the ~ ~a of ~ g Y ~ ~ , 2010, by Shelia Figueiras. ~ Notary Public, State of Texas THE STATE ~F TEXAS ~ COUNTY OF DENTIN ~ This inst~u gent was acl~no .edged before me the day o ,ZO ' by ~ ity Manage (Deputy City Manag (Designated Representati , on behal of the City of Denton, Texas. N ary Pu ' , State of Texas `4~~P4~ ~,6~i, M~~; Notary Pudic, Stata o~ Texas 4 My Cammissior~ expires j 414 ~~y] lr,~7 Q 'y/~ 'p}` ~.s.rv~ t APPROVED AS T~ LEG~I~~F~RM; ANITA BURGESS, CITY ATTORNEY n~ w ,,,,.-~w„ ,,,a.,.,,~ BY..- i r ,r 6 After recording return to e s;lour docume~tslmiscellaneousllDlannexatianslharlan properties inc. 294,026 ac,doc Jennlfer wa~tel's City Secretary 21 S E s Mcl~.rnney Denton, T~ 76201 CHAPTER Z1Z TEXAS LUCAL GOVERNMENT CURE NUN^ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.1 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and Harlan Properties, Inc. ~"Gwners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" ar "Parties"; Being 294.026 acres of land, more or less, situated in the John W. Gibbons Survey, Abstract No. 446, the John Pearson Survey, Abstract No. 1049 and the S, Johnson Survey, Abstract No. 683, Denton County, Texas, and being more fully described in Tract 1 of that certain warranty Deed with Vendor's Lien dated March 12, 1999 from Ellouise McDonnell to Harlan Properties, Inc., Bled far record on March 15, 1999 and recorded in Volume 4296, Page 1246 of the Real Property Records of Denton County, Texas. Said 294.026 acres, more or less, is commonly known as DC~4D Property ID 1 b7644, DC.~D property ID b0428, DC.~D property ID 3 768b and DC~4D Property ID 173412, respectively. SAVE & EXCEPT: A 7.873 acre tract of land, more or less, situated in the John Pearson Survey, Abstract No.1049 and the S. Johnson Survey, Abstract No. 683, Denton County, Texas, and being more fully described in that certain warranty Deed with Vendor's Lien dated to be effective June 18,1999 from Harlan Properties, Inc, to Robert J. Sullivan and wife, Jennifer L. Sullivan, filed for record on June 28, 1999 and recorded in Volume 4369, Page 1796 of the Real Property Records of Denton County, Texas, Said 7.873 acres, more or less, is commonly known as DCAD Property ID 208223, WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Cade ch. 43; and WHEREAS, Qwners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} far 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 ~~~~T 1 v: s:lour documentslmisce~laneaus1101annexationsl~~arlan properties inc. 29~.a26 ac.doc covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and wHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43,035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOw, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETA Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch~related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Property in satisfaction of Tex, Loc. Gov't Code section ~ 12.172~b}, Section 3. Governing Re ulations., The following City regulations shall apply to an y development of the Property, as may be amended from time to time, provided that the 'i application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed; ~1 } Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan,1999-200, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications 2 s,lour documentslmiscellaneousll Qlannexationslharlan properties inc. 29~,02~ ac,doc for Public works Construction, North Central Texas, 3rd Ed.1998 (NCTCQG Manual}; ~3}Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting; a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f, International Mechanical Code, 2006 Edition with local amendments g, Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code ~§283$3 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 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 documentslmiscellaneousllOlannexatianslharlau properties inc. 294.26 ac.doc ~7~ Gas well platting, drilling and production standards, as contained in X35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas 'Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Develo meat Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 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, Sectian 5. A~~eement Deemed Void in Part; Voluntary Annexation, - ~A} if an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C~ 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc, Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 3 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 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 documentslmisceliaueousll0lannexationslharlan properties inc. 294.0~~ ac.doc SectlOn SeVe~ablllty. 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, Change in Law, No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 1 I , 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 agreement as of , 2010. owners Suresh Shreidharani, President Harlan Properties, Inc. THE CITY OF DENTa ERAS By: City Manager, Deputy City Manager, or Designated Representative 5 s:lour documentslmiscellaneous1101annexationslharlan properties inc, 294.06 ac.doc THE STATE 4F TEXAS } COUNTY QF DENT4N } This instrument was ackno led f r w ged be o e me on the day of , ~ , Zo 10, by Suresh Shreidharani, President, Harlan Properties, Inc, ~ ~ELLV 5UE CMG ~lota Pub1~C o~ Tens ~ ~ State ~q.11-~01~ CQmt'~. ~xp~x~ ota P ic, ate of s THE STATE OF TEXAS } COUNTY OF DENTON } his instru - ent wa ~ ackno ledged before . ~ o ~w the day o ~ ,2o~"by ~ , ity Manag rlDeputy Czty Manag rlDes~ ated Rep~esentati , on behalf of the City of Denton, Texas. i ~~,,~~~~Y~~s~A~. K. ~VA~~ N t ry Pu ic, State of Texas : µ Notary f'ublfG, t~t~ ~ , ~ My ~nmmis~l~~ APPROVED AS TO L~GAL~F~RM;~.~- ANITA BURGES S, CITY ATTORNEY .r' i t 1 Y After recording retuz~ to; s;lour documentslmiscellaneous1101annexationslhar(an properties inc. 86.132 ac.doc Jennifer Walte~'S City Secretary 215 E. Mcl~inney Denton, TX 76201 CHAPTER 212 TEXAS LUCAL GOVERNMENT CEDE NGN-ANNEX.ATIGN AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and Harlan Properties, Inc. ~"Uwners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties"; Being 86.132 acres of land, more or less, situated in the S. Johnson Survey, Abstract No. 6$3, Denton County, Texas, and being more fully described in Tract 3 of that certain warranty Deed with Vendor's Lien dated March 12, 1999 from Ellouise McDonnell to Harlan Properties, Inc,, filed for record on March 15, 1999 and recorded in Volume 4296, Page 1246 of the Real Property Records of Denton County, Texas, Said 86,132 acres, more or less, is commonly known as DCAD Property ID 7941 ~ and DCAD Property ID 37689, respectively, . SAVE & EXCEPT: A 1.00 acre tract of land, more or less, situated in the S. Johnson Survey, Abstract No. 653, Denton County, Texas, and being more fully described in that certain Special warranty Deed dated March 24, 2004 from Harlan Properties, Inc. to North Denton Pipeline, L.L.C., filed for record on April 23, 2044 and recorded in Instrument Number 2004-519?4 of the Real Property Records of Denton County, Texas. Said 1.00 acre tract of land, more or less, is commonly known as DCAD Property ID .70484. . 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, 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 ;i~11T 1 V Is 136 s;lot~r dacumentslmiscellaneousll0lannexationslharlan properties inc. 86.132 ac.doc 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; NQw, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Gwners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling maybe located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172~b}. Section 3. 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 Specif cations for Public VLrorks Construction, North Central Texas, 3rd Ed.1998 ~NCTCOG Manual}; 2 s;lour doct~mentslmiscellaneo~sl101annexationslharlan properties inc. 86.132 ac,dae ~3} Denton building codes, as contained within Denton Cade Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2DD6 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Grdinances Chapter 17, Denton Property Maintenance Code, as amended; h, International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k, Minimum housing and building standards, Denton Code ~~28-383 43 7 and § § 17-141- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code ~~28~441- 457; and m. Moving Buildings, Denton Code ~~28-326 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of 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 3 s:lour dacumentslmiscellaneousll0lannexationslharlan properties inc, 86,132 ac,doc 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 Gwners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Gwners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 1$0-day period during which the Development Plan is in effect. Section 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 I 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, Uwners 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, I', 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 2~1 N, Elm Street Denton, Tx 7201 Section 7. Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section S. Severab,li~Y, 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 s:lour documentslmiscellaneousll0laru~exationslharlan properties inc. 86,132 ac,~oc Section 9. Remedies, This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter, Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. Section l o. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4, Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multi Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same Instrument, Section 13, Term and Extension. The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"}. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreement as of , 200, ~ ers Suresh Shreidharani, President Harlan Properties, Inc, THE CITY CF DENTON, TEAS By: City Manager, Deputy City Manager, or Designated Representative THE STATE aF TEXAS } COUNTY ~F DENTQN } 5 s;lour daeumentslmiscellaneous1101annexatianslharlan properties inc, 86,132 ac,dac This instrument was acknowled ed before me on the h g day of ~ r ~ ~ , Zo ~ o, by Suresh Shreidharani, President, Harlan Proper~~es, Inc, ,Mp~r~+,,. •uai ~~bti~ ~ ~ X11 X13 Nota Publi State of ~ ~~~Y ~U~ GDGGESH~L Notary Publk THE STATE OF TEAS ~ k Mate of Tens ~a~~~ ~xp~res o~11~Z013 COUNTY 4F DENTIN ~ r This ins ument as ac owledged before , on-the day o ,20 ~by City Manager eputy City Manage IDes~gnated Re ~ resentat on be alf of the Ci of Denton Texas;~~ p ~ ~l r ~~NNI~~R I~, WA~T~I~S ,~d'~P~rp~~~'• of Y Pub ,State of Texas w ~ ~ Notary ~~k~11~, State of `iexas ' per ,~1a " ~ ~ w My ~~tr~ml~~lert ~;tpir~s ~'~f~rfo~~k~w` ~~~~I~~~P ~1~ 1 APPROVED AS. T~~~LEGAL F~RM~ AN7TA BURGESS, CITY ATT4RNE,...Y ~M ~ I i ` After recording return to. ~enniferWalters City Secretary 215 E, McKinney Denton, TX 76201 CI~APTER Z1Z TEXAS LOCAL G~VERN~ENT C(]DE 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 ~tl~e "City"} and J. Marls Hicks ~"4wners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred. to as "Party" or "Parties"a Being 7.$73 acres of land, more or less, situated in the Jahn Pearson Survey, Abstract Na; 1 Q49 and the S. Johnson Survey, Abstract No. 683, Denton County, Texas, and being more fully described in the First Tract of that certain warranty Deed with vendor's Lien dated to be effective April 30, 2008 from Northstar Bank of Texas to J. Mark Hicks, filed for retard on Nlay 1, 2008 and retarded in Instrument Number 2008w47139 of the Real Property Records of Denton County, Texas. Said 7.873 acres, more or less, is commonly l~.~own as DCA~ Property ~D Z~~223. 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 Prope~•ty ~.•e~nain in tl~e City's extraterrito~•ia~ 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 te~•m of the Ag~•eement; WHEREAS, the Denton County Appraisal District records show that the P~•operty currently is appraised for ad valorem tax purposes as land fo~• 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 teen. 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. Lac, Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange far the property owner' ~ 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.Q35; and WfIEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; . XWI~~ 1 ~ l 1 New, THEREFGRE, 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 defi~.aed, 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 fo~.• the term of this Agreement and any extensions agreed to by the Parties shall be limited to fa~•m-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no singlewfamlly 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 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 ~•egulations does not result in interference with the use of the land fo~• 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 lawfi.~l at the time tl~e Agreement is executed; ~1} Zoning standa~•ds contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan,1999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards inco~~orated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other app~•oved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, Noah Central Texas, 3rd Ed,199S ~NCTCDG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, and 29, and DDC Subchapter 24, adopting; a. International Building Code, 2006 Edition with local amendments; b. Inte~•national Residential Code, 2006 Edition with Appendix G and local amendments; c. The Intel•~aational Fire Code, 2406 Edition with local amendments; 2 d, 1~lternational 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 Crdinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2x06 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 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 §§25326 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on~site operation requirements, contained within Chapter 26 of the Denton Code of Grdinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewate~• Criteria Manual, as amended, and as supplemented by the Texas wate~• Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} .Applicable Flood Protection, Drainage and related standards, as contained within Cl~apter 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 administ~•ative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Eme~•gency Management Administration, as amended; and ~7} Gas Nell platting, drilling and production standards, as contained in §35,16,19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requi~•ements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended, Section 4. Develo meat Plan to Remain in Effect, Following termination of this Agreement far any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 3 pe~-~nanent zoz~.ng 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 sucl~ 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 calninon law, fiom the submittal of such inconsistent development application. The Owners further agree that no use con~nenced 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} 1f an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided 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-l, or other such other provisions governing 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 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, T~ 76201 Section 7. Recordin .This Agreement is to run with tla.e Property and be recorded in the real property reco~•ds, Denton County, Texas. 0 Section 8. Severabilit . I~lvalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies, This Agreement maybe enforced by either Owner or the City by any proceeding at law or in equity. Failure to do sa shall not be deemed a waive~• 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 enforceability of this Agreement or the City's ability to annex the properties covered aereln pursuant to Section 4. Section 11. Venue. Venue for this Ag~•een~ent shall be in Denton County, Texas. Section 12. Execution in Multiple_ Copies, This Agreement maybe separately executed in individual counter°parts and, upon execution, shall constitute one and same instrument. Section 13, Teen and Extensio~a. The initial tet~n of this Agreement shall be for a period of five ~5} years from the Effective Date the "Tenn"}. The Effective Date of the Agreement shall be the date the Agreement is executed by the City, The Term may be extended upon mutual ag~•eement of the Parties, Section 14. Survival of Covenants, The covenants in Sections 2, and 4 shall survive tel~nination of this Agreement, together with any otl~er provisions, as maybe necessary for the implementation of those sections. The Pa~•t~es hereto have executed this agreement as of , Zfl , Uwners 1. Mark Hicks THE CITY ~F DENTIN, TEAS By' 0 City Manag r, Deputy City Manager, or Designated Representative THE STATE 4F TEXAS ~,I COUNTY ~F DENT4N ~ This ~nstt•ument was acl~~owtedged before me an the ~ day of f , ZD 1 D, by J. Mark Hicks. ~ ~ r f 4N~a~y P b1ic, State of Texas 5 THE STATE OF TEXAS } COUNTY OF DENTON } This instru gent was acknow~ dged befog e ~ e on the day of ,20~~ b Y City Mana er/ eputy City N~anagerlDesignated Repr esentati , on behal f the City of Denton, Texas ~+~+.e~srrr+..r.~>r.~yepl~yti.+YifiMP?Wl~.r1H~ ~tic~iFrrr~~ , f, ~~°~~~~~Y~U~~r J~~~~~~~~ W~~~~~ ~ N yPubli , tate of Texas Notary Public, St~t~ of T~~~~ ^,~f,, My Commi~sign ~~pir~~ r~''l~ ~~11~51`, Dec~mb~r 19, ~Q1 ~ f ~rrtiw~ - Ilwat~q wl~yewMV~4+tiMw~~W ~ "yi%e F....' APPROVED AS TO LEGAL FC~RNI;-, _ _ . ~ a ANITA.BURGESS, CITY ATTORNEY m. .w ~ ~ r B r. r,:. M.,..,~..... t~~ ' 4 i i r F After recording return to: JenniferlNalters City Secretary 215 E. McKinney Denton, TX 7601 CHAPTER Z12 TEXAS LOCAL GGVERNMENT CGDE NGN~ANNEXATIUN AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex, Local Gov't Code by and between the City of Denton, Texas the "City"} and Ballard B, Hopkins ~"Owner"}, the property owner of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" ar "Parties": All of the portion lying East of the Railroad of that certain South one-half ~ 112} of a called 1.42.97 acre tract of land, described in a Warranty Deed dated August 3, 1972 from Rosa Hopkins to Ballard B, Hopkins, filed for recoz•d on September 6, 1972, and recorded in Volume 654, Page 631 of the Real Prope~~ty Records of Denton County, Texas. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex, Loc, Gov't Code ch, 43; and WHEREAS, Gwner desire that the Property remain in the City's extraterritorial jurisdiction ~"ETA"} for the term of this Agreement; WHEREAS, owner and the City acknowledge that this Agreement between them is binding upon the City and the Gwner and their ~~espective 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 valox•em tax purposes as land for agricultural oz• wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23,C, D, or E; and WHEREAS, OWNER represents that it is his intention not to develop the Property during the term of this Agreement; and 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 Pa~~ties 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; NnW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows; 1 ~~IT l~ Section 1, Continuation of ETA 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, owner covenants and agrees that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary 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 p~•operty 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, fo~• the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Property in satisfaction of Tex, Lac, Gov't Code section 212,17Z~b}, Section 3, Govern , ' ng,,,Regulatio~s, The following City regulations shall apply to any development of the Property, as may be amended from time to time, p~•ovided 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 Develapment Code ~"DDC"}, as amended pursuant to The Denton Plan, 1999-2424, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed,1998 ~NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a, International Building Code, 2406 Edition with local amendments; b, International Residential Cade, 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; 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 Cade, 2006 Edition with regional amendments; i, National Electric Code, 2005 Edition with local amendments, j, National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §~28-383 - 437 and 17-141 210, as amended and as applicable; 1, Irrigation Standards, Denton Code § §28-441-~ 457; and m, Moving Buildings, Denton Code §§25-326 375; ~4} Sign regulations, as contained within Subchapter l5 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapte~• 26 of the Denton Code of ordinances, as amended, and Subchapters l6 and 2l 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 Section 4. Develo ment Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 1 SO calendar days thereafter, o~• 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, Owner expressly waives any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application, 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 1 SO-day period during which the Development Plan is in effect, Section 5. A reement Deemed Void in Part Voluntar Annexation, ~A} If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void, ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex, Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owner expressly and irrevocably consents to annexation of the Property under such circumstances. Owner further agrees that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc, Gov't Code section 43.052, or successor statute. Section Notice of Sale, Any person who sells or conveys any po~•tion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the pz•ospective 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. 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, 4 Section 9. Remedies, This Agreement may be 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 thereafter, Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 1 D, 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 1 Term and Extension, The initial term of this Agreement shall be for a period of five ~S} years from the Effective Date the "Term"}, The Effective Date of the Agreement shall be the date the Agreement is executed by the City, The Term may be extended upon mutual agreement of the Patties. Section i4, Survival of Covenants, The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implernentatian of those sections. The Parties hereto have executed this agreement as of ~ , ~D1 D, Owner ~ ~ •1-" 11 ~ , THE CITY OF DENTON, TEAS By' . City Manag ,Deputy City Manager, or Designated Representative S THE STATE DF TEXAS ~ COUNTY aF DENT4N ~ This instrument was acknowledged before me on the 'day of January, 20I o, by Ballard B, Hopkins, ,1 ~OtilfErll~f ~ ~ ) ~,j ~ , ` r~ ~ ~`~i)CFaj+~ ~'iJ~llli.,, +l~f31i' (.7~ ..I~3,"~1~. X11 ('f ~ (11111 `c, I t l ~ l i" ~ ~ ~ << Notar Public State o Texas ''t! 4111'' ~ THE STATE DF TEXAS ~ COUNTY DF DENTIN ~ ~....w,.. hls instr 'went wa ~ ac wledged before me on ~ ~ ~a f uary, O l 0, by City Manage (Deputy City ManagerlD 'gnated R presentative, on behalf of the City f.:~e~to~n,hTex~s, f *ln~~~ T V 1w ! 4 ~ I 1 i. ~ Y N~t~ ' wA~r~~~ N t r Pub c State of Texas ~ ~ ~ ~~~II~, state ~ f Texas Y ' ~ ~k~~k y I`t'11i11~sl~n ~~cpirES ~~fll~lli ~ ANTA~~~BUR~ESS, CITY AT . w..... ...e- l~., I'I 6 ,After recording return to: Jennifer W alters City Secretary 215 E. N1cl~inney CHAPTER 212 TEAS LaCAL GOVERNMENT CODE Denton, T~ 76201 N4N~ANNEXATIDN AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex, Local Gov't Code by and between the City of Denton, Texas ~tl~e "City"} and Wayne W. Hopl~ins ~"Owner"}, the property owner of the hereinafter described prope~•ty the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties"; Being a called 28,69 acre tract of land, more or less, situated in the John W. Gibbons Survey, Abstract No. 446, Denton County, Texas, and being all of the portion lying East of the Railroad of that certain North onewhalf X112} of a called 142.97 acre tract of land, described the warranty Deed dated August 3,1972 from Rosa Hopl~ins to Wayne W. Hopl~ins, filed for record on September 6, 1972 and recorded in Volume 654, Page 629 of the Official Public Records of Denton County, Texas. Said 28.69 acres, more or less, is commonly l~n.own as DCAD Property ~D 167642. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Prope~•ty in acco~•dance with Tex. Loc. Gov't Code ch. 43; and . WHEREAS, Owner desire that the Property remain in the City's extrate~Titorial jurisdiction ~"ETJ"~ for the term of this Agreement; WHEREAS, Owner and the City acl~nowledge that this Agreement between them is binding upon the City and the Owner and their respective successors and assigns for the term. of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property cu~•rently is appraised for ad valorem tax pul~oses as land for agricultural or wildlife management use, or timbe~• land pursuant to Tex, Tax Code chapter 23.C, D, or E; and WHEREAS, OWNER represents that it is his intention not to develop the Property during the term of this Agreement; and 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 fo~• 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 Texo 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 ~ 1~ IL 9L. NOW, THEREFORE, in consideration of the mutual covenants contained he~•ein, the Pa~•ties hereto ag~•ee as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of tl~e Property and agrees not to annex the Property for tl~e term of this Ag~•eement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by tl~e Parties, subject, however, to the provisions of this Agreement, Section 2. Development Plan. Owner covenants and agrees that use of the Property fox• the term of tl~is 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 oz• ranch dwellings, provided that no single~family dwelling maybe located or constructed on a lot smaller than five ~5~ acres, The property owner may apply to the City for division of the land subj ect to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc, Gov't Code section 212,1?2~b~, Section 3. Goyernin~Re ulations, The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management o~.• 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, 1 g99-2020, 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 Govenlments Standard Specifications for Public Works Constn~CtlOn, North Central Texas, 3rd Ede 1998 ~NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Cade Chapters 1?, 28 and 29, and DDC Subchapter 24, adopting: a, Intei~ational Building Code, 2006 Edition with local amendments; b. Intex•national Residential Code, 2006 Edition with Appendix G and local amendments; 2 c. The International Fire Code, 2006 Edition with local amendments; d, I~lternational 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; l~. Minimum housing and building standards, Denton Code ~§28-383 - 437 and §~17-141 - 210, as amended and as applicable; 1. Irz~.gation Standards, Denton Code §~28-441-- 457; and m. Moving Buildings, Dentol~. 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 1equirements, contail~ed 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 Conunissiol~ 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 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 rnent 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 i Sa calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichevet• 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 tl~e Property during such period if such application o~• plan is inconsistent with the Development Plan, Owner expressly waives any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. owner further agrees that no use commenced or completed on the Prope~•ty that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of tlae 1 SO~day period during which the Development Plan is in effect. Section 5. A reement Deemed Void in Part Voluntar Annexation, ~A~ ~f an Uwner files any application or plan of development for or otherwise con~unences development of any pardon of the Property inconsistent with the Development Plan provided in Section 2, sections l and 3 of this Agreement shall thereupon become null and void. ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex, Loc. Gov't Code subchapter C~1, or other such otl~e~• provisions governing voluntary annexation of land as may then exist. owner expressly and irrevocably consents to annexation of the Property under such circumstances. owner further agrees that such annexation by the City shall be deemed volunta~•y, aza.d not subject to the requirements and procedures for an a~u~exation plan, as required by Tex. Loc. Gov't Code section 43.D52, o~• successor statute, Section 6. Notice of Sale. Any person who sells or conveys any portion of the P~•operty shall, prior to such sale or conveyance, give 3o days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to tl~e City at tl~e following address; i 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 ~.•eal propet•ty records, Denton County, Texas. 4 Section S, Seyerabiliy, havalidation 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, Change in Law. No subsequent change in the law regarding annexation shall affect tl~e enforceability of this Ag~•ee~nent 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_ Codes. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same , 111St1'Llnlellt, Section 13, Te~~1 and Extension, The initial term of this Agreement shall be for a pe~•iod 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 Tenn. may be extended upon mutual agreement of the Parties, Section 14, Survival of Covenants. The covenants in Sections 2, and 4 shall su~•vive termination of this Agreement, together with any other provisions, as may be necessary for the implexnentation ofthose sections. The Parties hereto have executed this agreement as of ,2,010, owner , wrayne . ~opl~ins 5 THE CITY DF DENTDN, TEAS By. City Manag ,Deputy City Manager, or Desig~.~ated Representative THE STATE DF TEXAS ~ COUNTY DF DENTDN ~ This instrument was acknowledged before me on the ~ day of ~ , 24 ~ a, by Wayne Hopkins, ~ CHI ~ No#ar Public St v dt ~'i ~ Notary Public, fate of Texas ~ DIY C~~6MISS~QN X~tA I THE STATE OF TEAS ~ COUNTY DF DENTDN ~ This ins ent was cl~r wl ged before me o ~ie.r, ~ ay of Ja ary, 2a a, by Ma ger eputy City ManagerlDe 'grated Representative, on behalf of the City of Denton, exas. ' ~ " ~ My C~mr~i~5l~~ xpiras ~+,f~~,~~,,,, Not ubiic, t to of Texas 'E APPROVED AS TD .LE~AI;.-FDRM: ANITA BURGES S, CITY ATTORNEY _ { - m ~ BY. r 6 r After recording return to: Tennifer wafters City Secretary 215 E, McKinney Denton, TX 76201 CHAPTER 212 TEXAS LDCAL GOVERNMENT C[]DE NGN-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and Jim R, and Martha A. Lawson ~"Owners"}, the property owners of the laex•einafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively refer~•ed to as "Party" or "Parties". Being Lot 15, Bloch 1, Ganzer Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 78 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Assumption Wa~~anty Deed dated August 28, 1998 from Lonnie J, Rodgers and wife, Yong Ja Rodgers to Jim R. Lawson and Martha A. Lawson, filed for record on August 28, 1998 and recorded in Volume 4164, Page 1446 of the Real Property Records of Denton County, Texas. Said Lot 15, Block 1, Ganzer Estates, is commonly known as DC~D Properly ID 185233. WHEREAS, the City has given notice of its intent to institute a~~nexation proceedings for the Property in accordance with Tex. Loc, Gov't Code ch, 43; and WHEREAS, Owners desire that the Property ~•emain 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 tern. 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 far purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to autho~•ize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex, Loc, Gov't Code section 43,035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; ;~~I~IT 1 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 extrate~•rito~•ial status of the Property and agrees not to a~anex the Property fo~• the tern of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to tlae provisions of this Agreement. Section 2. Development Plan. The 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~~.l~related and ranch-x•elated uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling maybe located or const~•ucted on a lot sn~alle~• than five ~S} acres, The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172~b}. Sectian 3. Goye~..~~~g, Regulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of t1~is Agreement and which remains lawful at the time t11e 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 bud not limited to tlae ~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 ~111Clud~ng const~~uction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved IVlaster Plans of the City of Denton, Texas, and the Noz•th Central Texas Council of Governments Standard Specifications for Public worl~s Construction, North Central Texas, 3rd Ed.199S ~NCTCGG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, ZS and 29, and DDC Subchapter 24, adopting; a. International Building Code, 2006 Edition with local amendments; b, hnternational Residential Code, 2006 Edition with Appendix G and local amendments; c. The Inte~~ational Fire Code, 2006 Edition with local amendments; 2 d, 1nte~~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, Code of Ordinances Chapter 17, Denton Property ll~aintenance Code, as amended; h, lnternatio~aal Energy Conse~~vation Code, 2DD6 Edition with regional amendments; i, Natianal Electric Code, 2045 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; l~. Minimum housing and building standards, Denton Code §§28383 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 1 ~ and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within 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} C~as well platting, drilling and production standards, as contained ire 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 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 18D calendar days thereafter, or until the effective date of the annexation and 3 pe~~lanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development applicatian or plan of development that is submitted to the City fo~• 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 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 180~day period during which the Development Plan is in effect. Section 5, A reement Deemed Void in Pa~•t~ Voluntar Annexation, ~A} ~f an owner files any application or plan of development for or otherwise commences development of any portion of 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. Lod. 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 undez• such circumstances, owners further ag~•ee that such an~~exation by the City shall be deemed voluntary, and not subject to the ~•equirements 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 wllo sells ar 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 forwarded to the City at the following address: City of Denton, Texas ATTN; Director of Planning and Development 221 N• Elm Street Denton, Tx 7G201 Section 7. Recordin ,This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas, Section S. SeyerabilitV,lnvalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect, Section 9. Remedies, This Agreement maybe enforced by either Cwner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter, Entry into this Agreement by awner waives no rights as to matters nat addressed in this Agreement. 4 Section 10, Chan e~in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11, Venue, Venue for this Agreement shall be in Denton County, Texas, Section 12, Execution in Multiple ,Co~aies, This Agreement maybe sepa~•ately executed in individual counterparts and, upon execution, shall constitute one and same instrument, Section 13, Term and Extension, The initial term of this Agreement sha11 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 Te~•~n may be extended upon mutual agreement of the Parties, Section 14, Survival of Covenants. The covenants in Sections 2, and 4 shall srtrvive tennznation of this Agreement, together with any other provisions, as maybe necessary for the implementation of those sections, The Parties hereto lave executed this agreement as of , 2010. Owners ' 4 a ~ , R, Lawson r q ff,~ ~ L✓ f "y f ~ 1VI~~•tha A, Lawson THE CITY OF DENTON, TEXAS By, Cit anage ,Deputy City Manager, or Designated Representative THE STATE OF TEXAS ~ COUNTY OF DENTON , This instrument was acl~nowledged before nee on the day of ~ , 2010, by Jim R, Lawson, ~`''a~'r'u'''+, STEPHANIE IYNN ~~~MM~~~ Notary Pu~1ic, State of ~'e i ~ _ ~y Commi$sion Expires ''~~~fp~~~k;ti` Febt~a~Y T4' 213 Notary P hilt, State of Texas ~++rrmt~t~~ THE STATE OF TEXAS } COUNTY OF DENTON } Thi i i ~ s nstrument was acl~nowledged before lne on the day of , 2010, by Martha A. Lawson. w~A'' • S1EpHA1vl~ lY~1N Cl~MM4~1S ` 4; : Notary pUbliC, Male of Texas y ~ My Commission expires Notary P lic, State of Tex S ''~f''fs'F~'`a'' FBbiUaly 19, 2013 _ I THE STATE OF TEXAS } COUNTY OF DENTON } his instrume was acl yowl d ed before.~~bt~ie ~ da o 20~ b y ~ ~ y City Man gerlDeputy City Mana rlDesignated Representativ on behalf of t e City of Denton, Texas, r ~ tary Pu I' , State of Texas ' N~~ery ~~~~11~ ~ W~~r~~5 My ~~~r~~ t~t~ 0~ ~~xas 7p . ~M:.,.._..._.~.wv_~ APPRO~ED~AS TO LEGAL FO . ANI ~~A BURGESS, CITY ATTO Y E ~~w~~ BY; 6 After recording retu~~ to: s;laur dacumentslmisee~laneous1101annexatianslbobby Joe & Jackie meritt non-annexation.doe Jennifer ~valters City Secretary 215 E. Mcl~inney Dentonq T~ 76201 CHAPTER Z1Z TExAS LUCAL GOVERNMENT CURE NUN~ANNE~.ATIUN AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex, Local Gov't Code by and between the City of Denton, Texas the "City"} and Bobby Joe Meritt & Jackie Meritt ~"Owners"}, the property owners of the hereinafter described property the "Property"~ in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties"; Being 2,50 acres of land, more or less, situated in the John Pearson Survey, Abstract No.1049, the S,L, Johnson Survey, Abstract No. 683, Denton County, Texas, and being more fully described as the Save and Except Tract in that certain Assumption warranty Deed dated August 31, 2005 from Bobby Joe Merin and wife, Jackie Nieritt to Meritt Bois-D'-Arc Enterprises, Inc. and Meritt Buffalo Events, LLC, filed for record on September 7, 2005 and recorded in Instrument Number 2005-111889 of the Real Property Records of Denton County, Texas, Said 2.50 acres of land, more or less, is commonly known as DCAD Property ID G04~24 and DC.AD Property ID 3 ~GSZ, respectively. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"~ for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43 , 03 5 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Lac. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43,035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; SIT r 1 d a s:lour documentslmiscellaneousll0lannexationslbobby joe & jac~Cie meritt nan-annexation.doc Na~U, THEREF~R.E, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement, Section Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single~family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subj ect to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex, Loc. Gov't Code section 212.172~b}, Section 3. Governin Re 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 ~RDW5} 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. 1995 ~NCTC4G 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; 2 s:lour documentslmiscellaneausll0lannexationslbobby Joe & Jackie meritt nan-annexation.doc c. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e, International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments, National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §283 83 43 7 and ~ § 17-141-- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code § §2$441-~ 457; and m. Moving Buildings, Denton Code ~~28-326 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5~ Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton 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 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 X35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Develo meat Plan to Remain in Effect, Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for 3 s;lour documentslmiscellaneous11~1annexationslbobby joe & jacl~ie meritt non-anneYatian,doc 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 con~naon 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 application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section sections 1 and 3 of this Agreement shall thereupon become null and void. ~B~ Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex, Loc. Gov't Code section 43.052, 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. Recording. This Agreement ~s to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilit .Invalidation of any provision of this Agreement b judgment or Y court order shall not invalidate any of the remaining provisions which shall remain in full force and effect, Section 9. Remedies. This Agreement maybe enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. 4 s:lour documentslmiscellaneousllDlannexationslbobby Joe & Jackie meritt non~annexatian,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 1. Venue, Venue for this Agreement shall be in Denton County, Texas. Section 1~~ Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13, Term and Extension, The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"}, The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties, Section 14. Survival of Covenants, The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections, Th e Parties hereto have executed this agreement as of , ~D I o. owners Bo y Jo rift ~i Jac i Meritt THE CITY QF DENTIN, TExAS I~~ By: City Manag r, Deputy City Manager, or Designated Representative 5 s:lour documentslmiscellaneausll~lanneYationslbobby Joe & Jackie meritt nonWannexatian,doc THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowled ed before me on the da of g Y 2010, by Bobby Joe Meritt. , Notary P blic St~ta o~ ~ a ~ MY C~~~lI~IA~1 ~ ~a~~ ~ Nota Public, State of Texas rY r THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowled ed before me on the da of ~ g Y 2010, by Jackie Meritt. ~ _ ~ ~ Notary P b~c Stara d9 ~i ~ r~ ~1Y Go~M1~~GN ~or~ Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } is instrume was ac ow ed before +~`.ry.w the day o ,2 , by ,City Manag rlDeputy City Manag rlDesignated Representative, ~ behalf o t e City of Denton, Texas, :~'~~~4tA~rpU~~/~~rd ~~f'~Nlf"G~ (1~ YYAI.~~f~s / ~ Net~ry ~'~~Ilc ~t~te o~ Texas y ' o V Publ~ tare of Texas ~~~h~ f d ~~14~~y~ ~IJI i II I+~W~~~1 i iGYl1~l~5ir7 V ► y r3 ~Ih APPROVED AS TO LEGAL FORM; ANITA BURGESS~~CITY A.~ TORNEY :r'F~r r"~ r'°" l Afte~• recording return to: Jennifer wafters City Secretary 215 E. IVlcl~iniley Denton, T~ 7201 CHAPTER 212 TE~A.S LOCAL GOVERNMENT CODE NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and 1~,~~~~ ~ ~ ~ a ~1 ~ ~ w~~ ~~"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": r~_~~~ ~ ~~~hich is recorded at That pro err described in a deed to ~ ~ , . vol. page ~ of the Deed Records of Denton County, Texas, and commonly known as Tax Parcel No.1' ~5' ~ 3 ~a~ ,which is attached hereto as Exhibit A, consisting of approximatelyr~p nacres of land. WHEREAS, the Clty 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; ~VUHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Cade chapter 23.C, D, or E; and 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 Cade 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 Parries hereto agree as follows; f ~ 1T Ll Section 1. Continuation of ETJ Status, The City guarantees the continuation of the extraterritorial status of the Property and agrees nat to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section Develo ment Plan, The Owners covenant and agree that use of the Property far 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 singleyfamily dwelling maybe located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City far division of the land subj ect to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172~b}. Section 3. Governing Re~;ulations. The following City regulations shall apply to any development of the Property, as maybe 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, 19992020, as amended, including but not limited to the ~RDw5} 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 ~ICTCOG Manual}; ~3} Denton building codes, as captained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Cade, 2046 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. ~.ternational Plumbing Code, 2006 Edition with local amendments; 2 e. International Fuel Gas Code, 2006 Edition with local amendments; f, International Mechanical Code, 2006 Edition with local amendments g. Code of Grdinances Chapter 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, 2403 Edition, with regional amendments; l~. Minimum housing and building standards, Denton Code §§28-353 437 and 17-141 - 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§25-441 457; and m. Moving Buildings, Denton Code §§28-326 - 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Grdinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subcl~apters 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 tl~e 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, Cade, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Cade, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. 3 Section 4. Develo meat Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section ~ shall remain in effect for a period of 180 calendar days therea~er, 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 comrn:on law, firom 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 cement Deemed Void in Part Volunta Annexation. ~A~ zf 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. ~E} Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist, Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex, Loc. Gov't Code section 43.052, or successor statute, Section 6, Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City cf Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, Tx 76201 Section 7, Record. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas, Section 8. SeverabilitV, hivalidation 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 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 lo., ange _in__Law. No subsequent change in the law regarding Ch 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 Multiple ,Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument, Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"}. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14, Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, togetller with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreement as of CenYr ~ ~ ~ ~ Uwners THE CITY OF DENTON AS f~ By. City Manager, Deputy City Manager, or Designated Representative THE STATE ~F TEXAS ~ COUNTY ~F DENTIN ~ 5 This instrument was acknowledged before me on the ~ day of ~l[,~.~' , 24~~, by 1r~~~~.} L~~ ~VNN C~~MMa `,pti~rfr~y S~~P~A ~t8 r►u ~1 ~c~+~, ,.~r,~ Notary Pubs}°~ ~fln ~xAlte~ ~ MY ~ q ~ X01 ~ ~ ; M~ Notary blic, State of Te as THE STATE CF TExAS } COUNTY QF DENT4N ~ This instrument was acknowledged before me on the day of , 20 , by Notary Public, State of Texas THE STATE CF TExAS } COUNTY OF DENTCN } This instrument was ackn edged befor me on the of _ a2~~.~ by ~ ~ City anage 1De uty City ManagerCDesignate epresentat ve, on behalf of the City of Denton, Texas, ''~'~r'~,. WAt~~~S ' N~t~ry ~~ebll~ ~t~t~ ~f'~~scae , ~ w~~ My ~~~,~I~~~o~ ~xplr~s oar Pu ~ State of Texas ~~,~f o ~ y ~ ~~~r i~itii~4. ~~o~~mb~r 1 ~p ~ ~ APPROVED AS Ta LEGAL FG ; ANITA BURGESS, CzT~~.~TC~N Y BY' i 6 . Section 9, Remedies, This Agreement array 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 Dwner waives no rights as to matters not addressed in this Agreement.. ~ ~ ~ ~ . . Section lo,, ~ Change in Law. No subsequent 'change .in .the law ~ regarding annexation shall affect the 'enfarceabilit of this ~A eement or the Ci ~'s abi~i -~o annex Y tY tY . 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 i3, Term and Extension, The initi Iyte~of ~~s~..~g~~ement.:ha~ be, for a , ~ r~~ rr; period of five ~5} years from the Effective date ~t p~`~~.~~~~ ~ r~`~~ ~~,~~~v~~ 1~~.~e~ of the . Agreement shall be the date the Agreement is ex `cut~.ab~~th~ pity, ::~4~`~e ~~e~ m~y'be . extended upon mutual agreement of the Parties. ~C, s o~~~ ~ ~ : #.F ~ 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 eement as of ~ ~ ~ ~ Q Owners . ~ r I THE CrTY OF DENT4N, TExAS B : Y City Manag ,Deputy City Manager, or Designated Representative THE STATE ~F. TExAS ~ . COUNTY ~F DENTIN ~ . 5 . Lori A. Wolf THE STATE ~F TEXAS } COUNTY ~F DENTON ~ This instt ument was acl~now~edged befog e me on the day of , ~0 ~ by Lori A. Wolf, ~~YP GW~N KIZER ' I'A~Y PUeLlC, ~TA`~ 4F~.AS ~ ~fY CgMMlS~lgN E3~P1RE otary lic, State of Texa JANUARY # II s ~~T-9b~8837~F~3PGS{$~ Exhibit A t . wARR~x~c~t o~~~ ~i~H v~r~~o~ ~ ~ zx~~► Q~~~ . Date ~ August ~.~9~ ,BUT ~'b $ECOM~ B~F~G'~~V~ AUGUST lb, 199 Grantor ~ Cahn Ho~,~.ey and Vaughn Ar~drue DBA H 6c A ~t~v~etmente . Gxantar' ~ Mai, l,,ng Addxe ~ ~ x F . 0 . Box ~ ~ 6 ~ ~ Krum, ~ ~,nc~.ud~.ng caunty~ Denton ~~unty~ Texas 7f~4~ Grantee t Kent E ~ Wdl~ and l,a~c~. A~ walk AKA ~or~, Ann wolf Grantee ~ ~ Ma~,~.~.ng addxeee ~ 3B~fi watea~~ard Way, Dentate, ~ . ~ ~.~ne~,uding county y Denton ~~unty, ~e~cas 7 6~D5 C ens idexat ion ~ BEN ANA NO / ~ D ~ D4~LAR~ ~ p , ~ 0 ~ ~ and. other good and valuab~.a con~~.derat~.on, the a~ece~.pt ~ a~ which ha~eb aaknow~.~ edged and the sum a~ $34,QQD~QD advanced by ~'aa~m fired t Bank o~ ~'exas ~ at the epec_~,a~. in~tanae and xague~►t a~ the Grantee and its spea~.a~, use and ben~e~~,t~ as a paa~t a~ the puxahaee p~~.oa a~ the a hereina~tex described pxaperty, the reae~.pt a~ wh~.oh is aekt~ w~. edged by the Grantors game be~.n ev~.denaad b one certain px~orn~,~►so- ry vendax' ~ l~.en not® ri the px~~.na~.pal sum ~~~NI $3~~a~0~a0~ exeauted~ by the Grantee and payab~,e to the axdax o~ eai,d ~endex ~ said Hate ~ear~.ng ~,ntexest and payab~.e ~ as therein stipu~.ated, conta~.n3.ng the u~~aa~. de~auit and attoa~ney' ~ fee clauses ~ same be~.ng add~.t~.Qnal~.y seaux~ed by a Deed o~ ~xust ~ to A►xno~,d R. ~ Henson ~ '~ruetee ~ for the use and bene~ ~ ~ of said fender ~ be~.ng sha~rn o~ r~cox~d in the Reai F~opart~' Repord~ ~~~Ni a~ Renton County, Texae~ and the said Grantee by the aaoeptanae o~ this deed ;~aknawiedge~ the ~ ~rendor' ~ l~a~ to ax~~t against the hereina~tex desc~r~.bed propextyF and 3,t expxessiy ~nd~rstQOd and agreed that said ~`axm Gred~.t Dank o~ ~exas~ ~hai~ be and it ~s hexeby subxagated to they same x~,ghts, tit~,ee~ ~.~.ens and remed~,ee~ to ~ . secure and en~oxoe the. payment ai the above deec~r~,bed Hate which Grantor wau~.d have i~ paid note were payab~.e di~xect to it. property ~ including an~r ~,mprovements ~ ~ BK rNG TAUT 1 ~ r SLUCK GANDER R"~~'~HS ~ AN ADD~~'1G~ '~0 DENTDN CQUN~'Y ~ mE~AS ~ ACCORD=NG '~D ~'HE PI►AT '~HERB4F ~ RBGGRD~~ ~N CAD~N~T~ , ~ PA~~ 7 ~~A~ REC4RDG r DEN~ON COUN~'~ r mEXAS ~ ; , 4 ~ ~ ~ ~ i I i 4 r n h Reservations dram and Exaeptiane~ to ~anveyan~e and Warxar~ty~ 1. Restr,lct~.ve Covenants shown onPlat Reporded in Cab~.r~et ~ Page 7~ P~.at Reaords~ Denton County' Texas and those ~evarded under Denton County C~.erk's ~ ~"ile Number 9~~Rp~~4 ~ Read, Pra~erty Records, Uentcn Countyr '~exa~r , basement executed by Mrs day Barbara ~ixgn to ~xa~os River Tran~mi~asa~a~n B~.eat~cic~ Ana, Rated August a, ~.94~ ~eagrdgd in val.u~e ~09~ Page 5+4~, seed Records, Uentgn County '~exa~~ 3. ~ Easement executed by C~ J. Cutler and Uarbara D~.xon to ~entan County Electrf,a Caoperat~.ve ~ Inc ~ , , Dated Pebruax~r 1 ~ ~ ~9~8 ~ Recoxded ~.n volume ~4~~ Pages ~4~, deed Reagrds~ rientan Caunty~ 4. Easement executed by May Baxbara A~.xari to Bra~as Bleatria Power Cao~erat~.ve~ ~nc~ ~ Rated aetobex ~5, 19~'~ ~ Reaaxded ~,n V~alume 7 4 9, Page 3~Z ~ Reed ~e~ords r Uentoa~ ~aunt~r ~ Texas and as shown across lot on P~.at Recorded in Cabinet M Page 7~~ Plat Reaords~ Denton County, '~axas. 5 ~ A ~D ~'oot~ Bu~.xdi.ng dine and ~.6 PgQt Ut~,li~y Easement and Dx~a~.nage ~asemsnt along the ~xant q~ ~.ot, Xaaation of pond and paraol.ation tent ho~.e as Shawn an P~,,at R~aarded in Cal~~.net M Papa ~7~r P~.at Records, Denton Countyr Texas . Grantor' ~xom and exceptions to canveyan~e and warranty ~gra~ts, sells and oonveys tq Grantee the ~praperty~ togsthex v~ith all and g~.ngu~.ax the rights and appurtenances thexeta in at~y ~r~.se be~.angw . ~,ng ~ to have and ha~.d ~ to grantee, Grantee! s hea~~s ~ exea~tars ~ . adrn~.nistratoars, successoxs~ ar ~assig~ns ~preve~'~ Gxantar hereby binds Grantox and Grafftar's hears ~ ~ e~eautgrg ~ adrn~.n.stratara ~ and a~ucaessars to waxxant and ~arever defend aLl and s~,ngular. the . pxgpexty to Grantee and Grantee's he~.~s ~ exeaut~xs ~ adm~.nistratars ~ successars~ and assignsr'aga~,net evexy person whomsoever ~,aw~ully al,aiming ar to ala~.m the same oar any dart theraa~ ~ except as .to the aresexvatians ~rorn and exgept~~ns to warranty. The vendax's ~,~.en aga~.nst and superior t~.tle tq the property ~x$ aret;~ined +unt~,~. each note desexibed is ~u~,~.y paid aacard~,ng ~ta ids teams, at which time th~.s dead shall became absalute~ r When the context xequixe~ j ~~.ngul~ax nouns and pxonauue ~.nalu~e the p~.uxa~., H ~ A INV'E~TI~+~N~'~ y on~~.~~ 8~,: ugh Ar~dxu~ TES ~~'~ATE 4F TBX~►S ~ . C~UN'~X ~F BEN'~~N ~ ~h~,~ ~n~ctxur~ent way acknawi+~d ~d be~oxe me Whig ~ day ~►ugu~t, 1~9fi, ~y ~ahri Ba~.~.ey and Vaughn Andxue DBA ~ & ~ Inve~tment~. . . ~ , h~►~► Notaxy ~ a ~ tats o mexa~ ~ NatarY p~bilc r+ STATE aF T~~A~ ♦ ~ ~ ~y Comm, ~x~~ ~81~~ ~A~t~x xeac~din xetuxn tas px~pax~d ~n the ~~~~.ae a~ g Kent E. Wa~.~ . ~ Malna~ & ~'ea~tex I,ox~. ~ ~ Wol ~ ~ ~ Q ~ Boy ~ 8 4 ~ ~2 ~ Watex~axd Wad' Bentan, ~e~aa, ~ 7 ~1~,~,,, E Benton ~ me~ca~ 7 6205 : , - w ~ ~ 1f 47 N f * }Y ~ i J~~'~E ' ~I"f ~~r~ Q 7~~J~ ~ 3 a~~~ . ~ ~Ih[~A~ ~~{~~H ~ z ~"I~~d~~~fgH k~ ~l,[.~[~l~;1I~~I.~,hl;~~. u ~ pa.a~~~ ,~,n~ ~ ~ . i I~ ' p'{~'~~.~I j~p~~~`,~Y~~Y `~SF :.~'~~7~ti/'~~` t/.~+~li,{~,~`.~ t5 3.,:.~.ws+~'.cr~ral~~.r~+~pir+~ )'r }.,~ii,n,!.'+~y.., i~ vl~ ` '''~c~rY~l~~ t~py~'~ ,~R~ ~G^^`i'`t,~y #~`j Ix,"PI'r tt~ ~ ~ 1 ~ ~ ~ ~ !T#~R~~l.i~ ~~,b~l~.{r.~~i"' r9's~i~}r~.t~i ~~~t~,i~j~f.a S ~J3~~`3W;.!., w,r•I;. v+~rr,.~tii~.. ~ ~Si..:.,a. h:. rr~