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2010-043 s;lour dacumentslardinancesll Olpaa4 accepting npn annexation agreements.doc oRDINANCE No. 1 ~-043 AN ORDINANCE PROVIDING FOR ACCEPTANCE OF ELIGIBLE NON-ANNEXATION AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE PROPERTIES WITHIN AN AREA OF LAND ADJACENT TG AND ABUTTING THE EXISTING CITY LIMITS OF THE CITY OF DENTGN, TEXAS, GENERALLY IDENTIFIED AS PAA4 OF APPROXIMATELY 1,555 ACRES LOCATED ON THE SOUTH SIDE OF I14ILAM ROAD, NORTH OF LOOP 288, EAST OF 1-3 5, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.061, Subchapter C-1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan, and the City desires to pursue annexation of PAA4, as hereinafter described; and WHEREAS, Section 43.035, Subchapter B, Local Government Code requires the City to make offers of non-annexation development agreements to the owners of ail properties which have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland within the area to be annexed; and WHEREAS, under anon-annexation agreement between an eligible property owner and the City, the land subject to the agreement retains its extraterritorial status and the owners of such land must abide by the City's development regulations as if such land were within the City limits, as provided further in such agreement; and WHEREAS, the city has offered said non-annexation agreements for a five year term in light of the rapid growth of the Denton area, the need to assure orderly growth, and the inadequate land area currently within the Denton city limits; and ~wHEREAS the owners of some eli ible ro ernes have executed such non-annexation g p p 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. i notices have been sent have not executed the agreements within the allotted period of time, thereb declinin the Ci 's offer and y g tY a WHEREAS the Cit and the owners of eli ible ro ernes with insufficient le al . Y g p p g descr~ptlons are ~n the process of carrect~ng 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 nonWannexation agreements with eligible property owners; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTGN HEREBY ORDAINS; SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. s;lour documentslordinancesllOlpaa4 accepting non annexation agreements.doe SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as PAA4, 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 PAA4, 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 A 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. i i SECTION 5. In the event the City Council does not annex that parcel identified as PAA4, 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 f Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance ` shall not be affected thereby, SECTION 7. This Ordinance shall take effect immediately on its passage. AND IT IS SO ORDERED. i Passed by the City Council reading this 9 day of February, 20I0, r f M RK . B UG MAYOR ATTEST: E IFER ATE I Y E ARY J NN w L RS, C T S CRET BY: APPR ED AS O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r BY: ~ ~ s Page 2 EXHIBITA Annexation Traci PAA4 Page 1 of 4} BEGINNING at point in the present Denton city limit Tine as established by Ordinance 2008137; said point being the northwest corner of the annexation tract described therein and also lying on the south right-of way line of F.M, 3163 ~Milam Road} 2005~137~ THENCE South 01 ° 08' 35" west continuing along the present Denton city limit line established by Ordinance 200$-137 a distance of 2,996.05 feet to point for corner, said point being the southwest corner of the annexation tract described therein; THENCE South 89°. 10' 00"East continuing along the present Denton city limit line established by Ordinance 2008137 a distance of 2,457,02 feet to a point for corner, said point being the most northerly southwest corner of a City of Denton annexation tract established and described by Ordinance 2007077 Tract 1 THENCE South 88° 54' 04"East continuing along the present Denton city limit line established by Ordinance 2007077 Tract 1 } a distance of 197.47 feet to a point for a corner; THENCE South 02° 28' S5" East continuing along the present Denton city limit line established by Ordinance 2007077 Tract 1} a distance of 965.89 feet to a paint for corner; THENCE South 01 ° 00' 33" East continuing along the present Denton city limit Tine established by Ordinance 2007077 Tract 1} a distance of 539.43 feet to a Dint for p corner; THENCE South 00° 04' I2" west continuin alon the resent Denton cit limit line g g p Y established by Ordnance 2007-077 Tract 1} a distance of 2,649.30 feet to a Dint for P corner; THENCE South 00° 26' 12" west continuing alon the resent Denton cit limit line g p y established by Ordinance 2007-077 Tract 1} a distance of 668,18 feet to a Dint for p corner, said point being a southwest corner of said Ordinance 2007077 Tract 1} annexation tract and lying on the north line of a City of Denton annexation tract established by Ordinance 1955151; THENCE North 89° 11' 35" west continuing along the present Denton city Iimit line established by Ordinance 1985-151 a distance of 575 feet to a Dint far corner said Dint p, ~ p being the northwest corner of said Ordinance 1985-151 annexation tract and also bein then ~ g ortheast corner of a City of Denton annexation tract established by Ordinance 2007 077 Tract 2}; Annexation Tract PAA4 Page 2 of 4} THENCE Noah 89° 32' 45" west continuing along the present Denton city limit line established by Ordinance 2007-077 Tract Z} a distance of 2,128,41 feet to a point for canner; THENCE South 00° 03' Z8" west continuing along the present Denton city limit line established by Ordinance 2007-077 Tract 2} a distance of 26.07 feet to a point for a corner; THENCE North 89° 32' 32" west continuing along the present Denton city limit line established by Ordinance 2007-077 Tract Z} a distance of 972.02 feet to a point fora corner; THENCE South 01 ° 35' 23" west continuing along the present Denton city limit line established by Ordinance 2007-077 Tract Z} a distance of 1,003.38 feet to a point for corner; THENCE South 01 ° 34' OS" west continuing along the present Denton city limit line established by Ordinance 2007-077 Tract 2} a distance of 932.20 feet to a point for corner; THENCE South 88° 29' 12"East continuing along the present Denton city limit line established by Ordinance 2007-077 Tract 2} a distance of 1,541.64 feet to a point for a corner, THENCE South 00° 56' 25" west continuing along the present Denton city limit line established by Ordinance 2007-077 Tract 2} a distance of 185,30 feet to a point far a corner; THENCE South 88° 09' 02"East continuing along the present Denton city limit line established by Ordinance 2007-077 Tract 2} a distance of 498,78 feet to a point fora corner, said point being a southeast corner of said Ordinance 2007-077 Tract Z} annexation tract and also lying on a west line of a City of Denton annexation tract established by Ordinance 2002-257; THENCE South 00° 56' 33" west continuing along the present Denton city limit line established by Ordinance ZOOZ-257 a distance of 6 feet to a paint for corner; THENCE South 01 ° 06' 36" west continuing along the present Denton city limit line established by Ordinance 2002-257 a distance of 1,764,22 feet to a point for corner; THENCE North 88° 31' 42" west continuing along the present Denton city limit line established by Ordinance ZOOZ-257 a distance o,f 624.97 feet to a paint for corner; Annexation Tract PAA4 Page 3 of 4} THENCE South D2° 02' 28" West continuing along the present Dentan city limit Tine established by Ordinance 2002W257 a distance of 40 feet to a point for corner, said point being the northwest corner of a City of Denton annexation tract established by Ordinance 20Q7-D77 Tract 3}; THENCE South 00° 23' D4" West continuing along the present Denton city Iimit line established by Ordinance 2007-077 Tract 3} a distance of 1,765.7D feet to a point for corner, said point being the southwest corner said 2D07-D77 Tract 3~ annexation tract and also being on the east right-of-gray line of Bonnie Brae Raad and being the northv~est corner of a City of Dentan annexation tract established by Ordinance 1980-26; THENCE Sauth 00° 12' 13" West continuing along the present Denton city limit Tine established by Ordinance 195026 a distance of 450 feet to a point for corner, said point being the northeast corner of a City of Denton annexation tract established by Ordinance 1982-4; o ~ s~ . THENCE North 89 04 24 Nest cont~nu~ng along the present Denton city Ilm~t line established by Ordinance 19824 a distance of 1,791.93 feet to a point for corner; THENCE North 58° 21' 24" VL~est continuing along the present Denton city limit Tine established by Ordinance 19824 a distance of 926 feet to a point for corner, said point being the southeast corner of a City of Denton annexation tract established by Ordinance 19866; TINCE North 00° 25' S9" East continuing along the present Denton city limit line established by Ordinance 19866 a distance of 1,845.44 feet to a point for corner; THENCE North DD° 22' 28"East continuing along the present Denton city limit line established by Ordinance 19866 a distance of 506.6 feet to a point for corner; t THENCE South 89° 27' OD" East continuing along the present Denton city limit line established by Ordinance 1986-6 a distance of 1,033.4 feet to a point for corner; THENCE North 00° 22' 27"East continuing along the present Denton city limit Line established by Ordinance 1986-6 a distance of 564,11 feet to a point far corner; THENCE North 89° 31' 39" West continuing along the present Denton city limit line established by Ordinance 19$6W6 a distance of 2,485.31 feet to a paint for corner, said point being the northwest corner of said Ordinance 19866 annexation tract and also being the northeast corner of a City of Denton annexation tract established by Ordinance 1998224; ' i ? ? EXHIBIT B i ' ~ ~ ~ ~ E ~ ~ I j ~;~F M. 3133 Milam E F i ~ i [ ~ ~ ; ~ ; ~ Mi am W i, ; ~ , i r 4 ~ i i i Y o ~ _ ~y _ I- _ ~ F s II,, : s V ' _ _ s ~ s~ ~ ~ ' ~ f Ganzer W . o _ Ganze~ E ~ ; i ° i :.i ...I-~....! T I i i = 1 ~ ii I: • ~ ~ W~: o v~~ _ N~ ~ 3 i ~i i ~ i i. ~ i.. i ~ ! i i i ~ i I . i . ~ _ ~ , f ~ ~ i i i t _ ~ ~ i j ~I i 4J~ ~ ~ _ i . G € ~ i ~E~E: ~ ~ QEi i ~ } _ i _ i.. s _ 1 : i : E ~ ~ E ~ ; _ ~ ~ 'I Ba hold ~ ~ ~ I 4.` 1 ~ .,I i ~ t ~ ~ SAN C ~ . ITW 173 a R.,,~,., ~ w a .,~.~--1 a ~~ti , ~}•n _ ~ "'U ~i 'err .~~`a f ti Qv A~f r'~r *~yy~l 21.511[1 ••••-^^f' ~ FREESE City of Denton, Texas 1 ~N1CH4lS PAA4 ~ 155 Acres N ~y• feet a 600 ~,zo0 ~,doo 3,600  i i After recording return to; JenniferWalters City Secretary 215 E. Mcl~inlaey Denton4 TX 7201 CHAPTER 21Z TEXAS LOCAL GGVE RNMENT CODE NON-ANNEXATIaN AGREEIVIENT 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 Alatzas Family Limited Partnership ("Owners"}, the prope~•ty owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to . as "Party" or "Parties"; That property described as Lot 16, in Block A of Milam Creep Ranch Phase Ir i ~ according to a plat recorded in Cabinet O, Slide 385, Plat Records of Denton, County, Texas, and commonly l~.~own as Tax Parcel No, 202 16, er Warrant P Y Deed attached hereto as Exhibit A, consisting of approximately 4,95 acres of land. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Cade ch. 43 ~ and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; i WHEREAS, owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successo~•s and assi s for the te~•~~~ of the Agreement; i WHEREAS, the Denton County Appraisal District records show that the Pro ert p Y cu~•rently is appraised for ad valorem tax ur oses as land fora 'cultural or wildlife p p gr~ management use, or timbez• land pursuant to Tex. Tax Code chapter 23.C, D, o~• E' and WHEREAS, OWNERS represent that it is their intention not to develo the p Property during the term of this Agreement; and WHEREAS, Tex, Loc. Gov't Code section 43,035 authorizes a ro ert owner p p y 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 municipalit 's ETJ in exchan e for the Y g property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and F WHEREAS, the Parties are desirous of entering mto an ag~•eement 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, tl~e Parties hereto agree as follows; ~ ~XHIIT 1 . Section 1, Continuation of ETJ Status, The City guarantees the continuation of the extraten•itorial status of the Property and ag1•ees not to annex the Property for the te1~n. of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2, Development Plan, The owners covenant and ag1•ee that use of the Property fo1• the te1.111 of this Ag1•een1e11t and any extensions agreed to by the Pa1•ties shall be 1i111ited to farm-related and ra11cl1~related uses a11d customary accessory uses, and single~family detached fal•111 or ranch dwellings, provided tllat no single-family dwelling 111ay be located or constructed on a lot smaller than eve ~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, Sucl1 uses and activities constitute the development plan fo~• the Property in satisfaction of Tex, Loc, Gov't Code section 212.172~b}, Section 3, Gover11i11 Re ulations. The following City regulations shall apply to any development of the Property, as may be amended from time to tinge, 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 p1•event the continuation of a use established p1•ior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~1} Zoning standards co11ta1ned in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, 19992020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incolpolated therein ~2} The subdivision a11d development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals ~illcluding construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Pla11s of the City of Denton, Texas, and the North Central Texas Council of Gove1.11me1~ts Standard Specifications for Public works Construction, No1•th Central Texas, 3rd Ed,1998 ~NCTCGG Manual}; E ~3} Denton building codes, as contained within Denton Cade Chapters 17, 28 and 29, and DDC Subchapter Z4, adopting: a, Inte1•natiollal Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c, The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; 2 e, International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h, International Energy Conse~•vation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. National Electric Safety Code, 2003 Edition, with regional amendments; 1~, 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. Maving Buildings, Denton Code §~28-326 - 375; ~4~ Sign regulations, as cantained within Subchaptex• 15 of the DDC, as amended; ~5} Applicable water and wastewate~• co~~nection, 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, a~ad applicable administrative standa~•ds 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 tl~rougl~ 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natu~•al Resources Code, as amended, applicable administrative standards of tl~e Texas Conunission on Envirolu~nental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, as contained in §35,16.19 and subchapte~• 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Raihoad Commission and Texas Commission on Environmental Quality, as amended. 3 Section 4. Develo 111ent 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 alulexation and pe1•ma11e11t zoning of the Property, whichever first occurs, The Pal•ties covenant and agree that tlae City may defy 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 Uwners ful•ther agree that no use commenced o1• completed on the Property that is inconsistent with tl~e development p1a11 shall be considered established or i11 existence prior to the expiration of the 180wday period during which the Development Plan is in effect, Section 5. A regiment Deemed Void in Part• Voluntar Alulexation, i ~A} ~f an Gwner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B~ Thereafter the City 111ay initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or otllel• such other provisions gavelning voluntary a1111exation of land as may then exist, Owners expressly and il~evocably consent to annexation of file Property under such circumstances. Gwllers further agree that such alulexatioll by the City shall be deemed voluntary, and not subject to the requirements and procedures for an alulexatioll plan, as 1•equired by Tex, Loc. Gov't Code section 43,052, or successor statute. Sectio116. 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 1lotice of this Agreement to the prospective purchasel• or grantee. A copy of the notice shall be forwal•ded to the City at the fallowing address; City of Denton, Texas ATTN; Director of Planning and Development 221 N, Elm Street Denton, T~ 76201 1 1 Section 7. Recordill , T111s Agreel11e11t is to 1`1111 Wltl1 file P1operty and be recorded in the real property records, Denton County, Texas, Sectian S, Seyerability, I~lvalidation of any provision of this Agreement by judgment or court order shall 11ot i11va1idate any of the remaining provisions which shall remain in fi.~ll 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 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, Section 10, ChanLaw, No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the propezties covered herein pursuant to Section 4. Section 1, Venue. Venue for this Agreement shall be in Denton County, Texas. Section i2, Execution in Mltltiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 1.3, Te~.•~n and Extension. The initial term. of this Agreement shall be for a period of five ~5) years from the Effective Date the "Te~•m"}, The Effective Date of the Ag~.•eement shall be the date the Agreement is executed by the City, The Term maybe extended upon mutual agreement of the Parties, Section ~4, 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 implementation of those sections, The Parties hereto have executed this agreement as of " . , 20 i 0, Alatzas Family Limited P ~ rtners~:p;~=Owners r George Alatzas, Mana ' ng Partner ~ P~~, } ~ ~ Idee Alatzas, Secretary T~`; surer THE CITY ~F DENTC~N, TEAS By: r - CityManager, Deputy City Manager, or Designated Representative 5 THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acl~nowledged before me on the 7t'' day of January, Zo 10, by George Alatzas, Notal Public, State of T s THE STATE OF TEXAS } COUNTY OF DENTON } i This instrument was acl~nowledged before me an the 7~~' day of January, 2010, by Idee Alatzas, Notary Public, tate of Te s ~ ~ THE STATE OF TEXAS } COUNTY OF DENTON } ~ This instrument was acl edged bef ~ me on the day...-a ,2010, by ~ ~~°~ty ~~~anage eputy City Manager esignate Representa ive, on behalf of the City of Denton, 'f I ~e ~ I` ~~►11lU1j~l ~1 ~w~~~~1~'~y~~;4r4~, ~~iVN~~~~ r ~NAI.TFRS ~ Notary ~~blic, ~tst~ of Texas My ~~r~mf,~~)on ~xplras far- P c State of Texas 'r~~ ~~~r~~~r 1 ~ X01 ~ Y ' ~ _ , APPROVED AS TC~: LE~~ RM: w~ ANNA BURGESS, CITY ATTO Y BY. ~w,r,...-~~ 6 6 l 4 Z Page 2 o f ~ lasted ~g af; ~Iay 2~, Z~07 Grantor: ~IC~S FAM1L~' TR~'~T, far~erty NEw I3RITAI~ Y~STM~NTS Grantee: AI~T~AS FAMILY LIMED PAR~HIP E Gntee's Mani Address ~in~Clud~g caur~ty~; George ~atzas 1Q31~ Countryside Drlve Denton Texas 7b~.1~7 / y.~ ~ ~~f A ~Y~E1111111i11111111111FfIMfMr ~rlwl~Ai1111H~1~~#~~` ~1a~~~,~P~~i~~~./~'L~s and atber goad and valua~bie tansiderat~on, ' Property ~intluding any ~►prove~nents~: RRTNG Lot ~.6, in Block A, of Milani Creek Rana Phase a~a Additlo~a to Denton County, Texas, according to the Map or Plat thereof retarded in Cabinet Slide 3$5, Plat Retards, Denten County, Texas. Grantor hereby grants, sells} and conveys to Grantee the property, together with all and si~ular the rights and appurtenances therett in any v~;~ bclanging, to have and bald it to Clrantee, Grantees heirs, execrators, adrninistratars, sutc~essors, ar assigns forever, Grantor b~ Grantor a~ad Grantor's heirs, executors, ~iatratats, and su~ssars to ' ~ warrant and forever defend all and singular fine prape~y to Grantee and Gxantea's heirs, executors, ad~ninistratars, successors, and assigns against every pet~sQn whnmaoever lawfully r~aiming or to ~ the same or any part thereof, extapt as to the re~ervadans fray and site tuna to ~nveyance and warranty, p when the context ulres, singular nouns and pronau~ include rho plural, ~IC~S FAMILY UST formerly, NRw DRIT TM~T A►NY ~ ~ Y. C TUP ,AN ITS SG MIaM~~R DF'1'H~ ~C~ARIa GF TRUSTIES r X1424 Page 3 of 4 ~AC~NG~,EDGEMF~ STA'~E GF N~~'A1~A ~ } C~'~' CAF ~LA►R~ } T~~s in~~e~k was a~knowl~dd bef~~e ~e on t~,e day ~f Ma , ?~tY! by Ch~ist~pher F~u~na~t, as SA~e T~uskee and Sole Member of the ~d of '~ku~~es of the Hfcks Fa~Uy'~'~u~t, formexiy cabled New ~rikain ~nvest~ae~nt Company, NDTARY PIJs~.~C ~ 3TA~'~ D~ NEVADA County of Cfark r~o,a7~~as~•~ NANV~HITE Natal ~blic, State ofd h+~y A lntment ~ ~r~s Feb. ~8, ~0~~ ~ F AF"'1'ER~ ~RDrNG ~LE~SE RE'TUR,N'~'C; Ghicagcf T~t~e Lev~iav~e . X43 west Main St~eek Suits Lewiavilla'I~K 7557 j 61424 Page 4 of 4 I~~I{S ~ANiILY TRt]ST, formerly New ~~AfN ~S~M~~1TS ~U, The sole member of the BOARD CF TRCJS"~, ~hristaghex ~nan, ad ted ~ fallowing resolu~an; ' The Manager of Hies Fancily Trust, farrnerx N'eW Brit~►iin ~avas~nen~ Cor Leo y ''fade Him, ig hereby authorized to deliver a warranty Deed conveying all the interest of Him Fa,~~y Tryst ~ ~t ~ Block o~ Milani Ck Ranch, Phase an Adaiti~ ~ Denton County, Teas, far ~ conaidera~on de~bed in an Uninapmved Property Contract wrierein Him Farn~y Tract aka New Britain Inveatm~ts ~r ~ named as Suer and Alat~ Family Ignited Partnership Warned as ~Buyerr The Mager is authorized to exec~rte ~ Se~lemenf Statement and any other document td to e~tuate the transfer and sale of property from Hicks Family Trust to the Buyer A1at~as Family ~P, and his ~tum an the ~'nimproved Property Contract is hereby affirmed on behalf of Hicks ' Faaa~ly Trust wig rec~an~ fat as of January I, ?Oily, New Main Investments Ca~ d its nine ~ Him F~ily'Prust to better re~ect i~ purpose under it$ estate pxan, 1n~siness action is approved by Board which hereby authorizes ~ signature of the First Tm$~8 to execute the warranty Deed and au ~ the delivery of ~ ''~arranty Deed to Chicago TYtle Company ~ew~isville to further the closi~; of t[tle to the property, execution of business agents and routine da ~towda matters not re u a Minute Y Y may be carried cut as is convenient by George wade Hicks, wba is a Board appointed Managcer of the Hicks Family, Trust formerly the New l~ritain Investment Ca. . DATA: As ofMay I8, ?~7. . wti~ i S H$R FIRS USTBE ~ SDLE MEMBBR GF I THE BGARD OF TRUSTEES 'i Minutes of NEw BRITAIN IN~E~STMENTS CC, P Sala After recording return to Jeru~ifer Walters City Secretary Z15 E. McI~in~ley Denton, Tx 76201 CHAPTER Z1~ TExAS LQCAL GQVERNMENT CODE N4N•ANNExATI(]NRGREEMENT This Agreement is entered into pursuant to Section 212. ~ 72 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and Daniel and Cindy Arnoldy ~"Owners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively zeferred to as "Party" or "Parties"; Being Lot 4, Bloch B, Milam Creep Ranch, Phase I, an Addition in Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 284, of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain General wal~anty Deed dated March 5, 2008 from Curtis N. Hughes and wife, Sheila J. Hughes to Daniel Arnoldy and Cindy Arnoldy, filled fc~r ~•ecord on March 13, 2008 and ~•ecorded in Instrument Number 200826580 of the Real Property Reco~•ds of Denton County, Texas. Said Lot 4, Bloch B, Milam Creep Ranch, Phase I, is conunonly l~~awn as DC`~4D Property ID .I~o.18837.~. 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 tlae Owners and their respective successors and assigns for the term of the Agreement; wHER.EAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife manage~r~ent Ilse, o~• timber land pursuant to Tex, Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Proper~~y during the te~•~n 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 pux~aoses of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop tlae property and to authorize the municipality to apply development ~•egulations not inconsistent with agricultural Ilse; and WHEREAS, the Parties are desi~•ous of entering into an agreement authorized under Tex. Loc, Gov't Code section 43.035; and WHEREAS, this Agreement is to be ~•ecorded in the Real Property Records of Denton County, Texas; K~1~T ~ 1 ~  . . . . . : . . . . . . . . . . . . . . . . . . . NGw, THEREFGRE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status, The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreeme~at, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Pa~.•ties, subject, however, to the provisions of this Agreement, Section 2. Development Plan, The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to fa~.•m-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling maybe located or constn~cted on a lot smaller than five ~5} acres. The propez•ty owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Ag~•eement. Such uses and activities constitute the development plan far the Property in satisfaction of Tex. Loc. Gov't Code section 212.172~b}, Section 3. Governing_Re ulations, The following City regulations shall apply to any development of the Prope~•ty, as may be amended from time to time, provided that the application of such z•egulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does nat 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 puz•suant to The Denton Plan, 1999-2020, as amended, including but not limited to tlae ~R17-5} 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 C~'iteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and othe~• approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public worl~s Construction, North Central Texas, 3rd Ed,1998 ~NCTCQG Manual}; ~3} Dentan building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting; a. International Building Code, 200 Edition with local amendments; b, Il~ternational Residential Code, 2006 Edition with Appendix G and local amendments; c. The Inte~•national Fire Code, 200 Edition with local amendments; 2 d. International Phunbing 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 Qrdinances Chapter 17, Denton Property Maintenance Code, as amended; h, International Energy Conservation Code, 2006 Edition with regional amendments; i, National Electric Code, 2005 Edition with local amendments. , ~ . National Electric Safety Code, 2003 Edition, with regional amendments; k, Minimum housing and building standards, Denton Code §§25383 437 and §§17-141-- 214, as amended and as applicable; 1, Irrigation Standards, Denton Code ~ §28441 457; and m. Moving Buildings, Denton Code ~§28-326 - 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on~site ope~•ation requirements, contained within Chapter 26 of the Denton Code of Qrdinances, 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 Cade, as amended, and applicable administrative standards of the Texas Commission an Environmental Quality, as amended; 6 A liable Flo ~ } pp od Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Cade, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, as contained in X35,16,19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended, Section 4. Develo meet Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendax• days thereafter, o~• until the effective date of tl~e annexation and 3 pe~-~1~anent zoning of tl~e Property, wl~ichever 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 z•ights 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 pe~.•iod during which the Development Plan is in effect. Section 5. A reement Deemed Void in Part° Voluntar .,A.rmexation. ~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} The~•eafter the City may initiate alulexation of the Property pursuant to Tex, Lac, Gov't Code subchapter CR1, or other such other provisions gover~~ing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property wader such circumstances, Owners fii~.•ther agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex, Lac, Gov't Code section 43.052, or successor statute. Section C, 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: ~I City of Denton, Texas ATTN. Director of Pla~aning and Development 221 N. Elm Street Denton, T.~ 7G201 i Section 7. Recordin ,This Agree~a~e~at is to run with the Property and be recorded in the real property records, Denton County, Texas, Section 8. ility, h~validation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies, This Agreement maybe enforced by either Owner or the City by any proceeding at law o~• in equity. Failure to do so shall not be deemed a waiver to enfo~•ce the provisions of this Ag~•eement thereafter, Entry into this Agreement by Owner waives no rights as to matters not addressed iza 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 an~~ex the properties covered herein pursuant to Section 4, Section 1 1. Venue, Venue for this Agreement shall be in Denton County, Texas. Section 12, Execution ~n Multiple ` , Copies, This Agreement maybe separately executed in individual counterparts and, upon execution, shall constitute one and same inst~~ument. Section 13, Tenn and Extension. The initial term of this Agreement shall be for a period of five ~5~ years from the Effective Date the "Teem"~. 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 nl Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as maybe necessary for the implementation of those sections, i The Parties hereto have executed this agreement as of , 2010. Owners i Daniel AI•noldy Cindy Arnold THE CITY OF DENTON, TEAS i By. City Manag r, Deputy City Manager, or Designated Representative 5 THE STATE OF TEXAS } , COUNTY OF DENTON } This instrument was acknowledged before zne on the ~ day of ~ , 2010, by Daniel A~-noldy. 1~~ ~ . ~~Y ~U ~A4~`~~ DEG ~ }p cC~M18S10~ ~Xpl~~9 ~ ~ , ~ Mob ~ ~ ~9r~ Oi t~ . f Notary Public, State of Texas THE STATE OF TEXAS I! } ~ COUNTY OF DENTON } This instz~ument was acl~~owledged before me on the day of - ~ , 2010, by Cindy Arnoldy, Nnkar~ ~ub~~c Slate ~f Texas ~ ~ s h1Y C.~)~IMI55l4N ~Xpj~~S ~ March 2, 20i 3 i tP~~ Notary Public, State of Texas E THE STATE OF TEXAS } COUNTY OF DENTON } - This ins ent was a l~lowledged before .~otlie ~ da o ZO b Y ~ ~ Y ~ ,City Manag (Deputy City Manag rlDesignated Representa e, on behalf of the City of Denton, Texas. 4 1'4y~j~jf~lr K, N a y Public, ~ to of Texas ~~ti,,b~~,p~Y Pp~1~ f, `f~~y~ ~f N /}~~'°~I~{n~~1 r ~~yy ~/.~7 Tf ~qqu d: ~A ~ ~ 11V 1~1~ 1 NHI~V+ ~Y~11~~y ~lptll ~Ml~~~ H , My ~~cyrfi~►1~ ~ PROVED AS TO LEGAL.FO~ - ANITABURGESS; CITY ATTO ~ Y 6 After recording retur~l to JenniferWalters City Secretary laneausll0lannexatiansljesse f, baker nor-annexation agreement,dae 215 E. McKinney Denton, TX 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex, Local Gov't Code by and between the City of Denton, Texas the "City"} and Jesse F, Baker alkla J.F, Baker ~"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 20,833 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No, 1150, Denton County, Texas, and being comprised of a 19,23 acre tract of land, more or less, conveyed by that certain Deed dated September 13,1993 from the Veterans Land Board of the State of Texas to Jesse F. Baker, filed for record on October 25, 1993 and recorded in Instrument Number 93 WR0075347 of the Real Property Records of Denton County, Texas, and more fully described in that certain Contract of Sale dated October 26, 1964 from the Veterans Land Board of the State of Texas to Jesse F. Baker, filed for record on November 2, 1964 and recorded in Volume 515, Page 229 of said records; together with a called 1, 603 acre tract of Land, described in a Warranty Deed dated August 6,1965 from David Mulkey to J.F. Baker, filed for record on August 20,1965 and recorded in Volume 527, Page 224 of the Real Property Records of Denton County, Texas. Said 20,833 acres of land, more or less, is commonly known as DC~4D Property ~D 37472. 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.x35 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and ~X~~~IT 1  IL IC6 s:lour dacumentslmiscellaneausllQlannexatiansljesse f, baker non-annexation agreement,doc WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc, Gov't Code section 43.435; and wHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; New, THEREFaRE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section Z, 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 ar ranch dwellings, provided that no singleWfamily dwelling maybe located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land sub j ect to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan far the Property in satisfaction of Tex. Loc, Gov't Code section 212.172~b}. Section 3. Governing Regulations, The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~1} Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, 1999-204, as amended, including but not limited to the ~RD~S} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, 3rd Ed.1998 ~NCTCaG Manual}; 2 s,lour documentslmiscellaneaus1l01annexationsljesse f,baker non-annexation agreement.doe f ~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. National Electric Safety Code, 2003 Edition, with regional amendments; k, Minimum housing and building standards, Denton Code ~ §283 83 - 437 and § § 17-141-~ 210, as amended and as applicable; 1. Irrigation Standards, Denton Cade §~28-441- 457; and m, Moving Buildings, Denton Code ~~28-326 - 375; ~4} Sign regulations, as contained within Subchapter I S of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site o eration re uirements, contained within Cha ter 26 of the Denton Code of p q p Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and wastewater Criteria Manual, as amended, and as su lemented b the Texas water Code as amended Texas Natural pp Y a Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 6 A livable Flood Protection Draina e and related standards as contained II' ~ } Pp g 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 an 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 3 s:lour doeumentslmiscellaneous1101annexationsljesse f, baker non-annexation agreement,doc and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas ~Llater Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended, Section 4. Develo ment Plan to Remain in Effect, Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 184 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect, Section 5, A reement Deemed Void in Part Volunta Annexation. ~A~ If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B~ Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances, Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex, Loc. Gov't Code section 43.052, or successor statute. Section 6, Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address; City of Denton, Texas ATTN; Director of Planning and Development 221 N. Elm Street Denton, T~ 76201 Section 7. Recording, This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8, Seyerability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. 4 s:laur documentslmiscellaneausll0lannexationsljesse f,baker nan-annexation agreement,dac 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 Cwner waives no rights as to matters not addressed in this Agreement. Section 10, Change ~n Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies, This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument, Section 13, Term and Extension. The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"}. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Cayenants. 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 Jesse F, Baker THE CITY OF DENTON TExAS By' City Manager, Deputy City Manager, or Designated Representative 5 s:lour documentslmiscellaneousll0lannexatiansljesse f..baker non-annexation agreement.dae TI-~ STATE OF TEAS ~ COUNTY OF DENTON ~ This instrument was acknowledged before roe on the day of ~ ``~t,'~ , 2014, by Jesse FQ Baker, ~~a,~'~..-A.~~, CHAS T ~ Notary Public Stag of ~ ~ f~ ' MY GMl~~1~N ~~~M a~ ~i~ ' ~ Notary Pub ic, State of Texas THE STATE OF TEAS ~ COUNTY OF DENTON } This rostrum nt was ac owled d before ~ the day of ,2 ~ by ,City Mana erlDeputy City Manag IDesigoated Representati , on behalf of the City of Denton, Texas, "r ~~~~~NYPr~'4 No a y Publi , fate of Texas ti,~~1~,n .~m,~~: ~~NN~~~~ wa~r~~~ ' ; : Notary C'u~fl~, ~tat~ cif ~axa~ ~f~ ~~y: ~~y ~'~mrt°~i~~i~n ~~ir~~ rfrl,~, ~pHSti ~+,1y ~ ~ld ~ 4J I APPROV ED AS TO LEGAL FORM; ANNA BURGES.S,..CITY~ ATTnRNE µ F~. i 6 After retarding return to. Jennifer Walters City Secretary 215 E. Mc1~.inney Denton T~ 76201 CHAPTER 212 TEXAS LGCAL GG~ERNNiENT CUDE NUN~ANNEXATIGN AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and Albert L, Belanger and Susan K, Belanger ~"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": That property described in a General warranty Deed with Vendor's Lien to Albert J. Belanger and wife, Susan K, Belanger, which is recorded at vol, 4930 page 0223 5 of the Deed Records of Denton County, Texas, legally described as Lot 2, Block A, of Milam Creek Ranch, Phase 1, according to a plat recorded in Cabinet M, Page 284 of the Plat Records of Denton County, Texas, and commonly known as Tax Parcel No. 1$5366, which is attached hereto as Exhibit A, consisting of approximately 3.004 acres of land. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex, Loc. Gov't Code ch, 43; and 'WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, owners and the City acknowledge that this Agreement between them is binding upon the City and the owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex, Tax Code chapter 23,C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc, Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc, Gov't Code section 212,172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc, Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; ~~1~~T 1 °  . . ..NNW NDw, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subj ect to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex, Loc. Gov't Code section ~ 12.172~b}. Section 3. Governing, ,Regulations. The following City regulatians 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 subd~v~s~on and development regulations contained w~th~n the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, trans ortation, tree rotection standards and p p ~ i waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed.199S ~NCTCaG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. Ynternational Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; 2 c, The International Fire Code, 2006 Edition with local amendments; d, International Plumbing 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, Cade of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h, International Energy Conservation Cade, 2006 Edition with regional amendments; i, National Electric Code, 2x45 Edition with local amendments. 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 §§28441- 457; and m, Moving Buildings, Denton Code §§28-326 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton 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 Fiood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Cade, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of 3 the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Develo ment Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs, The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application, The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation., ~A} ~f an Gwner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex, Loc. Gov't Code subchapter C~ 1, or other such other provisions governing voluntary annexation of land as may then exist, owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale, .Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or .grantee, A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN; Director of Planning and Development 22l N. Elm Street Denton, T~ 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. 4 Section 8. Severabili~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. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or inequity, Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 14, Chan e in Law, No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas, Section 12. Execution in ,Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument, Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"}. The Effective Date of the Agreement shall be the date the Agreement is executed by the City, The Term may be extended upon mutual agreement of the Parties. Section 14, Survival of Covenants, The covenants in Sections 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 , 2410. owners ~ Albert J. large ,w r"~ a. Susan K. Belanger ~ THE CITY DF DENTON, TEAS By; City Manager, Deputy City Manager, or Designated Representative 5 THE STATE QF TEXAS } COUNTY aF DENTQN } This instrument was acknowledged before me on the day of ~ , 2010, by Albert J. Belanger. a~~u~ Sal ~ Notary P blic, State of Texas THE STATE 4F TEXAS } COUNTY OF DENT4N } This instrument was acknowledged before me on the day of 2010, by Susan K, Belanger, t a rv ~ ~ ~ ~ Notary P bloc, State of Texas THE STATE 4F TEXAS } COUNTY OF DENT4N } This instrument was ackn ledged bef re me o the day f ,2010, by ,~1~. W City anager eputy City ManagerlDesignated epresentati e, on behalf of the City of Den ' x ~~~4ta~ti~~~~~r,,r J~NNi~~~ i4, Y~~RIT~~S ' ~ Natary F't~blia, State a~ 1"exas My ~orrt~~~f~sior~ expires ~ - - o ary Pub , State of Texas APPROVED AS Ta LEGAI~.~- ~ ~ y~ ANrTA BURG~S-S;~~CTY ATTORNEY h ' ill . _ Exhibit A j~, , . GENERAL W Y DEED WITH VENDOR' S LIEN (WITH SUBORDINATE VENDOR' S LIEN} THE STATE OF TEXAS ) } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON } . THAT CRAIG A. TURNER and BEVERLY TURNER ,hereinafter called "GRANTOR'' (whether one or mare}, far and in consideration of the sum of TEN AND NO~100 DOLLARS ($10.~t}} cash and other gaud and valuable consideration to GRANTOR in hand paid by, ALBERT r, BELANGER AND WIFE, SUSAN K, BELANGER , whale mailing address is 58'1 MILAM RIDGE, BANGER, TEXAS 76~Gb, hereinafter called "GRANTEE" (whether nne ar more), the receipt and sufficiency of which are hereby acknowledged, and for the further consideration of the sum paid to GRANTOR by FIRST STATE BANK OF TEXAS, hereinafter called FIRST-LIEN BENEFICIARY, at the special instance anal request of GRANTEE, the receipt and sufficiency of which sum, being in the amount of $].90,000.00, is hereby ~ acknowledged and confessed; and as evidence of such advancement, GRANTEE has executed GRANTEE'S note of even date herewith for such amount payable to the order of FIRST-LIEN BENEFICIARY, said note payable as provided therein; and the payment of said note is secured by a vendor's lien reserved herein and is additionally secured by a deed of trust of even date with said note, executed by GRANTEE to JERRY PAVLAS, TRUSTEE, reference .to which.. deed of trust is hereby made far all purposes; and in consideration of the payment by FIRST-LIEN BENEFICIARY of the sum speciflecl in~ said 'd°.,°~ of trust, GRANTOR hereby transfers, sets aver, assigns, and conveys unto FIRST-LIEN BENEFICIARY and its assigns a vendor's lien and superior ride retained and reserved herein against the property and premises conveyed herein in the same manner and to the same extent as if said Hates had been executed in GRANTOR'S favor and assigned by GRANTOR to FIRST-LIEN BENEFICIARY without recourse; and GRANTOR has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL, and CONVEY unto said GRANTEE, the fallowing described real praperiy, to-wit: BEING LOT 2, BLOCK A, OF MIIJAM CREEK RANCH, PHASE 1, AN ADDITION TO DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET M, PAGE 28~, PLAT RECORDS OF DENTON COUNTY, TEXAS TO HAVE AND TO HOLD the above-described premises, together with all and singular the rights and appurtenances thereunto in anywise belonging unto said GRANTEE and GRANTEE'S heirs and assigns forever, GRANTOR does hereby bind GRANTOR and GRANTOR'S heirs, executors, and administrators to warrant and forever defend, all and singular, the said premises unto the said GRANTEE and GRANTEE'S heirs and assigns, against every person whomsoever lawfully ctaimidg; ar to claim the same, ar any part thereof, Taxes of every .nature far the current year have been prorated and are assumed by GRANTEE, This conveyance is made subject to, alt and singular, the' restrictions, ~ mineral: reservations, royalties., conditions, easements, and covenants, if any, applicable to and enforceable against the above-described property as reflected by the records of the County Clerk of the aforesaid County, GRANTOR and GRANTEE also acknowledge the retend.on of a second, subordinate and separate vendor's lien, and GRANTOR hereby transfers the same to FIltST STATE BANK OF TEXAS, hereinafter called "SECOND-LIEN BENEFICIARY", which lien secures GRANTEE'S certain other note of even date to SECOND-LIEN BENEFICIARY in the amount of $b5,000,00, being further consideration paid to GRANTOR, as mare particularly described in deed of trust of even date herewith to BERRY PAVLAS, TRUSTEE, But it is expressly agreed and stipulated that the vendor`s lien and superior title are retained ;in favor of the FIRST-LIEN BENEFICIARY and SECOND-LIEN BENEFICIARY, respectively, against the above described praperiy, premises and improvements, until each of the above respective notes is fully paid according to its terms, when this deed shall become absolute, VV'hen this deed is executed by mare than one person, or when the GRANTOR or GRANTEE is more than onv person, this instrument shall read as though pertinent.verbs,.~ouns and pronouns were changed to correspond, and when executed by, ar to a corporation, the words "heirs, executors and administrators" ar "hevrs and assigns" shall be construed to mean "successors and assigns." EXECUTED this v~ ~ ~ day of ~ , ~4~ r r1 CRAIG ,TURNER ~ RLY . 490 Q~~~~ THE STATE OF TEXAS ~ (Acknowledgment) COUNTY OF ~ This instrument was acknawled ed befar e ~ f g e m on the day of ,~,y~ ~ , v~~~ ~ , by CRAIG A, TURNER and BEVERLY TURNER `~3~~OD~~~~ ~,~i,jtY p ~ s~r~n~A LOFT~N Nafary ~u~lic, StsEe of texas . iuy cvmmissiva ~x~,11-is-~OO~ y commission expires • atary Public, S of Printed Name; THE STATE OF TEXAS (Acknowledgment) COUNTY OF This instrument was acknowledged before me on the day of , by . My commission expires Natary Public, State of .Printed Name; THE STATE OF TEXAS (Acknowledgment) COUNTY OF . This instrument was acknowledged before me on the day of , , by My commission expires Notary Public, State of Printed Name; THE STATE OF TEXAS (Acknowledgment) COUNTY OF This instrument was acknowledged before me an the day of , by My commission expires Notary Public, State of Printed Name; THE STATE OF TEXAS (CarparatelEntity Acknowledgment} COUNTY OF This instrument was acknowledged before me on the day of , by of a , on behalf of said . My commission expires Natary Public, State of . ~ Printed Name; • r AFTER RECURDI`NG RETURN T0; PREPARED ZN THE LAW OFFICE OF; ~.LBERT J. BELANGER and SUSAN K, BELANGER THE LAW OFFICE OF MICHAEL K, HA]NES 557411HI,AM RIDGE 5954 BERKSHIRE LANE, SUITE 1b54 BANGER, TEXAS 7626b DALLAS, TEXAS 75~~5 (2I4) 364-4544 Re; 5874 NQLAM RIDGE BANGER TEXAS 76265 i i i `E I 1 1 i.• ~Y of n n s~ . i• .rt . 'until:»~ 0(~t. Y~~~~~ rf~ e,h~•K 41r~e:~a~" couf~r', ~.~f=;,~r,t~~~~ fhe:~i.'yrxrfla4;•~si'~Ekkl~dtss'l~~~rvp ~;1_~~~1&~~1~~~'~•v-t~rsf'~"~'f~n t`,ar33te;u~~u~tn:~rc'lkra~a;lscr~~l~j't;,~t~~'iti+'r~iFl~~i ~»`~^sttf+~~s~f-3~~3@le ntErjtl ~lll i.~r~~~ ~y ri~nw9t tllr~trf Hl ~~i~~l ~~lAy.~j~7+2~~~'~,~ ' rpf7 ,fq1` M ~ ~~H~ ~~~troy ~ c°a C41JN7Y CI.~RK ~EM'Q3~ G~11MY, TEXAS 'r I I r After reco~°ding return to: Jennifer wafters City Secretary 215 Ea I1~cl~irn~.ey Denton, Tx 76201 CHAPTER Z1Z TExAS LOCAL G4VE~NT CODE NGN-ANNEXATIGN AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and Albert L. Belanger and Susan K, Belanger ~"awners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": That property described in a warranty Deed to Albert J. Belanger and wife, Susan K., Belanger, which is recorded at vol. 51$9 page 03302 of the Deed Records of Denton County, Texas, legally described as Lot 3, Block A, of Milani Creek Ranch, Phase I, according to a plat recorded in Cabinet M, Page 2S4 of the Plat Records of Denton County, Texas, and commonly known as Tax Parcel No, 1 S S 3 67, which is attached hereto as Exhibit A, consisting of approximately 3 , 04S acres of land, WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch, 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex, Tax Code chapter 23,C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc, Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc, Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex, Loc. Gov't Code section 43.03 5; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; ~X~1~~~ 1 ~ ~ NCw, 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. bevel ' opmen~~Plan. The Cw~ers 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, Goyernin~Regulations, The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~ 1 }Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed.1998 ~NCTCGG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting; a, International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; 2 c. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing 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 ~ §25-3 S3 - 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 X35,16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of 3 the Texas Utilities Code, the Texas Natural Resources Code, the Texas dater 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 Uwners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The owners further agree that no use commenced or completed an 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 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Cade subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex, Loc. Gov`t Code section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser ar grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, Tx 76201 Section 7. Recording, This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. 4 Section 8, Severability, Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect, Section 9. Remedies. This Agreement may be enforced by either Dwner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement, Section 10. Chan e in Law, No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11, Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12, Execution in Multi le Co ies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument, Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"}, The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants, The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. ,,p The Parties hereto have executed this a reement as of ~,~w~,,~~~ , 2010. g Owners A~ ~ ~ ~ Albert J, Bel ger usan K, Belanger THE CITY OF DENTON, TEAS By; City Manager, Deputy City IVlanager, or Designated Representative 5 THE STATE QF TEXAS ~ COUNTY ~F DENTIN ~ This Instrument was acknowledged before me on the day of ~ ~ 2010, by Albert J, Belanger. . , . .YONI REEDY NDTA~iY S1'ArE ~ ~ ~ Nota Public, State of T as THE STATE flF TEAS ~ COUNTY 4F DENTQN ~ ThI ' s instrument was acknowledged before me on the day o ~ ~ ~ c~ 2010, by Susan K. Belanger. ~ ~ Nota Public State o ~ e s ry THE STATE ~F TEXAS ~ COUNTY 4F DENT4N ~ . ~ ~ Thts instrument was ack Iedged bef ~e me on t e da a . _ _ ,2010, by city Manager ep ty Clty Manager eslgnate Representat~ e, on behalf of the City of Dentan, ..,nry,~~, ~ , /~d ~i ~~(J~f~ }!~`,-{}4^-Ar_..... 'tea ti 11Yp ~ ~ y ~~iy'I ~~J~~/~ ~1 ~i ~M~41~~ ~ ti a Naar Pub ' . y Inc ~;'"vra ~ ~~~;y~ ~Y ~ammisslot$ T~,Yas ~A~~~~~ n ~X~?If~S r ~ ~ ~ o ~V Pub ~ ,State of Texas APPRnVED AS T~, ~,E~AI~.:F~RM: ANITA,.BURGESS, CITY ATTDRN ,~,x.~.u~.:~ i 1 Exhibit A W TY DEED WITH VENDGR'S LIEN Date: OCTOBER S, 2002 Grantor; BRIAN D, CALKINS and wife, STEPHANIE A, CALI~NS Grantor's Address: 8143 CRESTVIEW ROAD BANGER, DENTON COUNTY, TEAS 76266 Grantee; ALBERT J, BELANGER and wife, SUSAN I~. BELANGER Grantee's Address: 5574 MILAM RIDGE ROAD BANGER, DENTON COUNTY, TEAS 76266 Consideration; Cash and a note dated October 8, 2002, executed by Grantee and payable to the order of COMMUN~ITYAMERICA CREDIT UNION, a Missouri credit union, in the principal amount of THIRTY-FNE THOUSAND SEVEN-HUNDRED AN.D NO1100 DOLLARS x$35,700.00}, The note is secured by a first and superior vendor's lien and superior title retained in this deed in favor of CO TYAMERICA CREDIT UNION, and by a first-lien deed of trust dated October 8, 2002 from Grantee to LEON G. KUSNETZKY, Trustee, Property including any improvements}; Being LOT 3, BLOCK A, of MILAM CREEK RANCH, PHASE I, an Addition to DENTON COUNTY, TE~A.S, according to the Plat thereof recorded in CABINET M, .PAGE 284, PLAT RECORDS OF DENTON COUNTY, TExAS. Reservatians: NONE Exceptions to Conveyance and Warranty; Liens described as part of the Consideration and any other liens described in this deed as being either assumed or subject to which title is taken; validly existing easements,rights-of way, and prescriptive rights, whether of record or not; all presen y recorded and validly existing restrictions, reservations, covenants, conditions, ail and gas leases, mineral interests outstanding in persons other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the Property; validly existing rights of adjoining owners in any walls and fences situated on a conam.on boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; and taxes for 2002, which Grantee assumes and agrees to pay. GF#2,21 ~~4WDYL,dac Page 1 of 4 Pages t F Grantor, for and in consideration and subject to the Reservations from Conveyance and Exceptions to Conveyance and warranty, grants, sells, and.conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee, Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof except as to the Reservations from Conveyance and Exceptions to Conveyance and Warranty, CUMMUNITYAMERICA CREDIT UNIGN, at Grantee's request, has paid in cash to Grantor that portion of th.e purchase price o~'the Property that is evidenced by the note, The first and superior vendor's lien against and superior title to the Property are retained for the benefit of CO TYAMERICA CREDIT ~TNIGN and are transferred to CGMNC~JNITYAMERICA CREDIT ~UNTGN without recourse against Grantor, The vendor's lien against and superior title to the Property are retained until each note described is fully paid according to its terms, at which time this deed will become absolute, when the context requires, singular nouns and pronouns include the plural, GRANTOR; r BRIAN D. CALK.INS A ~ v ST I~ANIE A, CALKIl~S GF#ZZ~~04WDVL.doc Page 2 of 4 Pages L i r ti ~ ACKNG~V'LED GMENT STATE CAF TExAS § CaUNTY OF DENTGN § This document was acknowledged before me on this day by BRfAN D. CALKINS and wife, STEPHANIE A. CALK~NS, personally known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the ~ foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed, Given under my hand and seal of office this day of actober, ~OO2, Notary Publi , fate o exas ~`titii~t~r'~~r ~y~ ~,~~Y ItG+ {r :k~~;~+~~~,,`~, SANORA ~.owTQN . k ~ 4 Notary Pub~ic~ state ~f Texas ACCEPTANCE BY GRANTEE ALBERT J, BELANGER and wife, SUSAN K, BELANGER, as Grantee, accepts the attached deed and consents to its form and substance. Grantee acknowledges that the terms of the deed conform with Grantee's intent and that they will control in the event of any conflict with the contract Grantee signed regarding the Property described in the deed. ALBERT J, B ANG ,Grantee SUSAN K., BELANGER, antee GF#22100~WDVL, dac Page 3 of ~ Pages , ,i + ~ ' ACKNDwLEDGI~IE~'T STATF OF TE~.A.S ~ COUNTY OF ~ This document was acknowledged before me on this day by ALBERT J, BELANGER and wife, SUSAN K, BELANGER, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same far the purposes and consideration therein expressed, Gwen under my hand and seal of office this day of October, ~oo~, 'I i otary Publi ,State of ex s ,tip ~~Y ~ sir ~ ~ ~ ~ ,rr r +*,~e ,F , r ~ Sq~ , rr i~ir~~ ~ y~ i~ t., AFTER RECORDING RE~'URN T4: n ~Kp, ~ ~.fgn~sWnn W2 ALBERT J. BE~ANGER AND SUSAN K, BELANGER 5874 MILAM RIDGE ROAD BANGER, TEXAS 76266 i PREPARED IN THE LAW 4FFIC~ GF: I HUGH MARSHALL, PLLC ATTORNEY AT LAW l 1 ~ 2 DALLAS DRIVE suITE 4~5 D.ENTON, YExAS 76205 f ~ i fy f r ~ ~ . ~ ~ ; ' ' i . ; ~ i.J ~ , , , y i „p - ~ ~ ~ G~"~.~.~1 Da4YYDV~,,doc Page 4 of 4 Pages After recording return to: Jennifer Walte~•s City Secretary 215 E. McKirllley Denton, T~ 76201 C~IAPTER 212 TEXAS LaCAL GOVERNMENT CODE N4N-ANNEXATIGN AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex. Local Gov't Cade by and between the City of Denton, Texas the "City"} and Jerry C. Caldwell ~"Gwne~•s"}, the property owners of the hereinafter described prope~•ty the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties"; Being 3.706 acres of land, more or less, situated in the J, McNeil Stewart Survey, Abstract No, 1150, Denton County, Texas, and being more fully described in that certain Warzanty Deed with Vendor's Lien dated April 2G, 1965 from David Mulkey to Jet•ry C. Caldwell, filed far record on May 10, 1965 and recorded in Volume 523, Page 97 of the Real Property Records of Denton County, Texas. Said 3, 06 acres of land, more or less, i s commonly known as D C~4D P~ope~~~ j~ I.D ~o, 3 745 . EREA he it has i en no i e ' ` ~ ' WH S, t C y g v t c of its intent to instl to a ~iex ion proceedings for the P~•operty in accordance with Tex, Loc. Gov't Code ch. 43; and , WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the ter~11 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, tl~e Denton County Appraisal District records show that the Property cu~•rently is appraised foz• ad valorem tax purposes as land foz• 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 te~•m of this Agreement; and WHEREAS, Tex. Loc, Gov't Code section 43,035 authorizes a p~.•operty 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 floe Real Property Records of Denton County, Texas; NSW, THEREFaRE, in conside~.•ation of the mutual covenants contained herein, the Parties hereto agree as follows: ITT 1  ffi Section 1, Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to a~ll~ex the P~•operty far the term of this Agreement, as hereinafter defined, and any subsequent renewals as maybe ag~•eed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Deyelo meat , . p„ ,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 fa~•m~related and ranch~related uses and customary accessory uses, and singleWfamily detached farm or ranch dwellings, provided that no single-family dwelling maybe located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan fo~.• the Property in satisfaction of Tex. Loc. Gov't Code section 212.172~b}. Section 3. Governin Re ulations. The following City regulations shall apply to any I', development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interfe~•ence with the use of the land for agricultural, wildlife management or forestry purposes and does not p~•event the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Ag~•eement is executed: ~1} Zoning standards contained in the Denton Development Code ~"DDC"}, ,~s amended pursuant to The Denton Plan,1999~202~, as amended, including but not limited to the ~RD~5} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development re ulations contained within the Denton g Development Code, as amended, together with applicable Design Criteria Manuals ~Includxng construction, d~•ainage, 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 fol• Public worl~s Construction, North Central Texas, 3rd Ed. 1998 ~NCTC~G Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting; a, International Building Code, DEG 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, 2406 Edition with local amendments; 2 e, International Fuel Gras Code, 2006 Edition with local amendrn.ents; f. Ii~ten~ational Mechanical Code, 2006 Edition with local amendments g, Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i, National Electric Code, 2005 Edition with local amendments, National Elect~•ic Safety Code, 2003 Edition, with regional amendments; l~. Minimum housing and building standards, Denton Code §~Z8-383 437 and § § 17~ 141--~~ 210, as amended and as applicable; 1. Irrigation Standards, Denton Code § §28441- 457; and m. Moving Buildings, Denton Code §~25~326 - 375; ~4} Sign ~•egulations, as contained within Subchapter 15 of the DDC, as amended ~5} Applicable water and wastewate~• col~nection, 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 Resou~.•ces Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Cammission on Environ111ental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of tlae 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 administ~•ative standards of the Federal Emergency Ma~aagement 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 ment Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and pel•manent zoning of the Property, whichever I"i~•st occurs. The Parties covenant and agree that the City nay deny any development application or plan of development that is submitted to the 3 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 unde~• local or state law, or by common law, from the submittal of such inconsistent development application, The Owners further agree that na use commenced o~• completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period duri~ag 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 tl~e Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void, ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex, Loc, Gov't Code subchapter C-l, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and inevocably 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 fo~• an annexation plan, as ~•equired by Tex, Loc, Gov't Code section 43,052, or successor statute, Section 6, Notice of Sale. Any person who sells or conveys any portion of tlae 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: Di~.•ector of Planning and Development , 22 N, Elm Street Denton, T~ 76201 Section 7, Recordin ,This Agreement is to ~•un with the Property and be recorded in the real property reco~•ds, Denton County, Texas, ~ , Section 8, Severabilit~, Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of tl~e remaining provisions which shall remain in full force and effect, Section 9. Remedies, This Agreement maybe enforced by either Owner or the City by a~ay 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 ~•i hts as g to matters not addressed in this Agreement, Section 10. Chan e in Law, Na subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered 1lerein pursuant to Section 4, 4 Section 1 , Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12, Executio~a_il~ Multi~ple_Cop~es, This Agreement maybe separately executed in individual counterparts and, upon execution, shall constitute one and same instr~~ment, Sect101a 13, Term and Extension, Tlae initial term of dais Agreement sha11 be far a period of five ~5} years from the Effective Date ~tlae "Term"}, The Effective Date of the Agreement slaall be the date the Agreement is executed by the City, The Term may be extended upon mutual agreement of tlae Parties, Section 14, Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreenaelat, together with any other provisions, as maybe necessary for the inaplelaaentation ofthose sections. The Parties hereto Dave executed this agreement as of , 2010, ~wlaers _ ~ LL fr. , ~~ww// Jerr .Caldwell y THE CITY OF DENTON, TEAS . By~ f City Manag r, Deputy City Manager, or Designated Representative THE STATE OF TExAS ~ COUNTY OF DENTQN } This instrument was acl~nowledged before me an the ~ day of 4 , 2010, by ~et~y C, Caldwell, I, , ~ Y p,. ,rr ,~4~. ~.,t DICK ~ ~ ~i;r,.~' , c ~ of Tex ~ Notary Public, State of Texas try . ...~,.i)h6 ~xPI~~S March 2, 213 A , r~., ;~:d r + . ~ Nof~ry P bll~ Y M~ C~~1 ~a~ ~PtA ,r 5 THE STATE QF TEXAS ~ COUNTY OF DENTON ~ This inst~ ent was a ~aowledged befog e x~. the day d~ ,20 b y _ City ManagerfDep ty City Manag rlDesxgnated Representati , on behalf f t e City of Denton, Texa . d`,,~~pnY~v~~,~f ~~~N~~~~ ~~~r~~ N t y ubl~ , tate of exas Notary Pudic, State of Texas My CM/ar~misslian ~x~ires r~~~lf JI~III~~I~,yy ~~11~111h1~1 I 1 ~ JG~~ ~1 APPROVED AS..TO ~~EGAL FARM; ANNA B~TR:GESS, CITY ATTORNEY ~ r~ BY. w ..~-F~ ~f ~ ~ I J I i r After recording return too Jennifer wafters City Secretary ellaneous1101annexations~bent eidon carter & margie m carter non•annexation,doc 215 E. McI~.nney Denton, T~ 76201 CI~APTER 212 TEXAS LCICAL GGVERNMENT CODE NGN-ANNEXATIaN AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex, Local Gov't Code by and between the City of Denton, Texas the "City"} and Bent Eldon Carter & Margie M, Carter ~"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 2,360 acres of land, more or less, situated in the J, Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Special warranty Deed dated June 20,1997 from. Reba M. Carter to Bent E. Carter and Margie M, Carter, husband and wife, fled far record on June 20, 1997 and recorded in Instrument Number 97-R0041516 of the Real Property Records of Denton County, Texas. Said 2.360 acres of land, mare or less, is commonly known as DCAD property ID 191 Z83. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Gwners and the City acknowledge that this Agreement between them is binding upon the City and the Gwners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, GWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc, Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212,172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Reai Property Records of Denton County, Texas; ~~IT 1 s:laur documentslmiscellanenusll~lanneYationslbent eldon carter & mar~ie m carter non-annexatian,doc Now, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ET1 Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch~related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling maybe located or constructed on a lot smaller than five (5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212,172~b}. Section 3. Governin~Re~ulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed; ~ 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 works Construction, North Central Texas, 3rd Ed.1998 ~NCTCCG 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. International Residential Code, 2006 Edition with Appendix G and local amendments; c, The International Fire Code, 2406 Edition with local amendments; 2 s,lour documentslmiscellaneousll0lannexationslbent eldon carter & margie m carter non-annexation,doc d, International Plumbing Code, 2006 Edition with local amendments; e, International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i, National Electric Code, 2005 Edition with local amendments. j, National Electric Safety Code, 2003 Edition, with regional amendments; k, Minimum housing and building standards, Denton Code § X28-3 83 - 43 7 and § ~ 17-141 210, as amended and as applicable; 1, Irrigation Standards, Denton Code §~28-441- 457; and m. Moving Buildings, Denton Code §~28-326 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, as contained in X35.16,19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4, Develo meat Plan to Remain in Effect, Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 3 s:lour documentslmiscellaneousll~lanneYationslbent eldon carter & margie m carter nor-annexation,doc permanent zoning of the Property, whichever first occurs, The Parties covenant and agree that the City may deny any development application ar plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan, The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5, A reement Deemed Void in Part Volunta Annexation. ~A} If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections ~ and 3 of this Agreement shall thereupon become null and void, ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex, Loc. Gov't Code subchapter C~ 1, or other such other provisions governing voluntary annexation of land as may then exist. 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, T~ 76201 Section 7. Recordin . This A reement is to run with the Pro ert and be recorded in the ~ ~ Y real property records, Denton County, Texas. Section 8, Seyerabillty, Inval~daton of any prov~s~on of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect, Section 9. Remedies, This Agreement may be enforced by either Owner or the City by any proceeding at law or inequity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter, Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement, 4 s:lot~r ~acumentslmiscellaneousll~lannexationslbent eIdan carter & margie m carter non-anne~ation.dac Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11, Venue, Venue far this Agreement shall be in Denton County, Texas, Section 12. Execution in Multi le Co ies, This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five ~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 , Zo10, owners ~ Bent Eldon Carter ~ a r V w Margie M. rter THE CITY DF DENTIN, TEAS By. City anager, Deputy City Manager, or Designated Representative 5 s;lour documentslmiscellaneousll~lannexationslbent eldon carter & margie m carter non-anne~ation,doc THE STATE OF TEAS } COUNTY OF DENTON } This instrument was acknowledged before me on the day of ~ , 20 l D, by Bent Eldon Caner. ~ . , Natary Ruh~ic State vi ~e~ •r t ~ r ,'r~ MY Cb~IM19SIQFl EXPIA~! ~.c Notary Public, State of Texas THE STATE OF TEAS } COUNTY OF DENTON } This instrument was acknowledged before me on the day of , 2D 1 D, by Margie M, Carter. ~ ~ COCK ~ ~ 1 ,~~,~r pG°4 C~A~:T~~~t A~ Of ~'exai 1 t ~ Nata,ry Public S ~q MY Cp~4MlSgIQN ~~pi~~8 +r M~rah fiats Notary ublic, State of Texas _af ` w~ STATE OF TE~.s } COUNTY OF DENTON } This inst ent was a o ged before on the day o ,2D y City ~ Manag rlDeputy City Manage (Designated Representa e, on behalf of the City of Denton, Texa . ~~till l ll~l '^°~~~~~Y~U~~f~r J~PJNi~~~ WALTERS S , , M Natery ~ubllc, ~tata al Texa tar ub~lc to of Texas My ~~r~mi~~ica~ xplr~s ~ r~''~;,t~~~,;d°y~ ~~~~~b~~ 1 ~1~ APPROVED AS TO LEGAL FORM; ANITA BURGESS, C~~`Y.ATTORN~Y,~ . ~ . ..M N~r~ i , . Afte~° recording return to: 1en~ifer Walters City Secretary ,llaneousll~lannexationslbent eldan carter nan-anneYation,doc 215 E. l1~cKinney Dentonq Tx 76201 CI~APTER 212 TExAS LUCAL GGVERNMENT CUDE N4N-ANNExATIaN AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and Bent Eldon Carter ~"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 1,346 acres of land, more or less, situated in the J. Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain General Warranty Gift Deed dated December 3 0, 2009 from Reba M. Carter to Bent Eldon Carter, filed for record on December 3 0, 2009 and recorded in Instrument Number 2049-147763 of the Real Property Records of Denton County, Texas. Said 1,346 acres of land, more or less, is commonly known as DC~4D Property ID 334527. 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 extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc, Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex, Loc. Gov't Code section 212,172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the :municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex, Loc, Gov't Code section 43.035; and wHER.EAS, 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: X~I~I 1  t~ s:lour documentslmiscellaneous1101annexationslbent eldon carter non-annexation,doc Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement, Section 2, Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling maybe located or constructed on a lot smaller than five (5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172~b}, Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~1}Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, 3rd Ed.1998 tNCTCGG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c, The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; 2 s:lour doeumentslmiscellaneousl101annexationslbent eldon carter non-annexation.doc 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. IVlinimum housing and building standards, Denton Code §~25-383 437 and 17-141 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§25-441-~ 457; and m. Moving Buildings, Denton Code §~25-326 - 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commissian on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas Well platting, drilling and production standards, as contained in §35,16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Develo ment Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 1 SO calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs, The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the 3 s:laur dacumentslmiscellaneous1l01annexationslbent eldan carter non-annexatian,doc City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application, The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5, A reement Deemed Void in Part Volunt 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 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. Recording, This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment ar court order shall not invalidate any of the remaining provisions which shall remain in full force and effect, Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter, Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. Section 10, Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. 4 s;lour dacumentslmiscellaneousll0lannexationslbent eldon carter nan-annexation,doc Section 11, Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multi le Co ies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension, The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"}. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14, Survival of Covenants, The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections, The Parties hereto have executed this agreement as of , 201 owners Bent Eldon Carter THE CITY OF DENTDN, TEAS By: City anager, Deputy City Manager, or Designated Representative THE STATE DF TEXAS } COUNTY ~F DENTQN } This instrument was acknowledged before me on the day of , 2p 10, by Bent Eldon Carter, J A 7 ~ , t, ~ ~ Rf, hlatary i~ubiic Stag o e~ ry ~ Nota Pub is State of Texas ~bY Cdi~lM18~I~M ~f~PlR~ 5 s;lour documentslmiscellaneous1101annexationslbent eldon carter non-annexation.dac THE STATE OF TEXAS ~ COUNTY QF DENTIN ~ This instru ent was ac o le ed before e~~-on,-th.e~~ ~ da o 2 Y ~ by City Manager eputy City Manag (Designated Representati on behalf o the City of Denton, e yy4,~~,~p~rP~~~r~~ JNNI~~ K~ N~~~~ W~G~~f~S ry ~~~~I~~, ~~~t~ ' r ~ ~'~x~s ~ ~~~~I~~I~~ ~~~rr~~ ~f►~~~p~ N t ry ub~' Stake of Texas APPR4~ED AS. -T~~ IECr~ :y,~...~,.,..~.~~..~_ . . AL F4R~I~:W~ ....~e~~~ ANNA BURGESS, CITY ATTURNEY ,~r . _ w w.. . d _,.w..~..~ .~~~~W ,/r d i" r i III i i i 'f . i ~ / After recording returT~ to: Jennife~• Walters City Secretary cellaneousll0lannexationsUeba m. carter non-anne,cation.doc 215 E, McKi~u~ey Denton, T~ 76201 C~IAPTER 212 TEAS LaCAL GOVERNMENT CODE NaN-ANNE~A.TION 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 Reba M. Carter ~"Owners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 3.706 acres of Land, mare or Tess, situated in the J. McNeil Stewart Survey, Abstract No, 1150, Denton County, Texas, and being more fully described in the Second Tract of that certain Warranty Deed with Vendor's Lien dated April 22, 1965 David Mulkey to Willie F, Carter, fled for record on April 27, 1965 and recorded in Volume 522, Page 556 of the Real Property Records of Denton County, Texas. Said 3,706 acres of Iand, more or less, is con.monly known as DCAD Property ID 37446, 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 Iand pursuant to Tex, Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.03 5 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex, Loc. Gov't Code section 212,172 for purposes of retaining land in the municipality's ET,T in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43,035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows; ~E~~~1T 1 .  43 s;lour documentslmiscellaneous1101annexationslreba m, carter non-annexation,doc 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 def ned, 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 na single-family dwelling may be located or constructed on a lot smaller than #ive ~5} acres, The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172~b}. Section 3. Governin~~Re ulations., The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~ 1 }Zoning standards contained in the Denton Development Code ~"DDC"), as amended pursuant to The Denton Plan,1999~2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications far Public works 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. International Residential Code, 2406 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with Iacal amendments; 2 s:lour documentslmiscellaneousllDlanneYationslreba m, carter nan-annexation,doc e. International Fuel Gas Code, 2406 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g, Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h, International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments, j. National Electric Safety Code, 2003 Edition, with regional amendments; k, Minimum housing and building standards, Denton Code §~2$~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 ~~2$~326 _ 375; ~4~ Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and onysite operation requirements, contained within Chapter 26 of the Denton Code of ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6~ Applicable Flood Protection, Drainage and related standards, as contained within Chapter 3 D 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 Cade, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Develo ment Plan to Remain in Effect, Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 1 SO calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first. occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the 3 s:lour docurnentslrniscellaneausll0lannexationslreba m, carter non-annexation,dac City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect, Section 5. A reement Deemed Void in Part Voluntar Annexation. ~A} if an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void, ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex, Loc. Gov't Code subchapter C-1, or other such other pravisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances, Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc, Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale, Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 3 o days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address; City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, T~ 76201 Section 7. Record~n~, This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability, invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter, Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section l o. Chan 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. 4 s.lour dacumentslmisceilaneous1101annexationslreba m. carter non-anne:~ation.doc Section 11, Venue, Venue for this Agreement shall be in Denton County, Texas. Section 12, Execution in Multi le Co ies, This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument, Section 13, Term and Extension. The initial term of this Agreement shall be for a period of five ~5) years from the Effective Date the "Term"), The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14, Survival of Covenants, The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreement as of ~ , 2010, owners ~ a Reba M. Carter THE CITY OF DENTIN, TEXAS By' City ana er, Deputy City Manager, or Designated Representative T~ STATE OF TEXAS } COUNTY OF DENTUN ~ This instrument was acknowledged before nee on the day of 10, by Reba M. Carter, f~ p~~p ti f .f ~'J , i ~ Notary ublic, State of Texas A. i N ~~~y ~'ublio 5tete of 1'e~ ~ c®~o~fsfos ~~~~A~s ~Ot~ 5 s:lour documentslmiscelianeaus1l01annexatianslreba m,carter non-annexatian.doc THE STATE OF TEXAS ~ COUNTY CAF DENTIN ~ is instrume ~ was ackno le e before ~ day o ,20~ b y City Mana rlDeputy City Manage (Designated Representative, ~ehalf of e City of Denton, Texa . J~NNl~~R K~ WA~~~RS ~A~ ~,'~,w Notary ~~xas of r Pub 1 State of Texas {d~~, My ~4~'ll'C11~~1t~Ct ~~pir~~ Y ~ APPRaVED AS TO LEGAL FARM: ANITA BURGESS, C~T.Y ATT~RNEY__,4w J~..i' w~.~. B Y~ .n . 6 After recording retur~l to Jennifer waiters ellaneousllQlannexatianslsha~vn & lira carter x,00 ac,dac City Secretary 215 E. McKinney Dentana T~ 76201 CHAPTER 212 TEAS LOCAL GOVERNMENT CODE NON~ANNE~ATION AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and Shawn P, Carter and Lisa M. Carter ~"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 2.00 acres of land, mare or less, situated in the J, McNeil Stewart Survey, Abstract No.1150, Denton County, Texas, and being more fully described in that certain Gift warranty Deed of Correction dated May 2, 2000 from Reba IVI. Carter to Shawn P. Carter and wife, Lisa M. Carter, filed for record on May 2, 2000 and recorded in Volume 4550, Page 795 of the Real Property Records of Denton County, Texas. Said 2.00 acres of land, more or less, is commonly known as DCAD Property ID X19639, 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 purpases as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23,C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc, Gov't Code section 212,172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc, Gov't Code section 43,035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; ~ l~IT 1  s;lour documentslmiscellaneousll Dlannexationslshativn & lisa carter 2,00 ac.doc N~'L~, THEREFURE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows; Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch~related uses and customary accessory uses, and single~family detached farm or ranch dwellings, provided that no single-family dwelling maybe Located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the Land subject to this Agreement into parcels, each of which is at least f ve ~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 21 ~,172~b}. Section 3, Governing Re u~ons. The following City regulations sha11 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 Speciftcations for Public Works Construction, North Central Texas, 3rd Ed.1998 ~NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b, International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; 2 s:lour dacumentslmiscellaneausll0lanne~cationslshawn & lisa carter Z.DO ac.doc d. International Plumbing Code, 2x06 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, Internatianal 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 §§28w383 43 7 and § ~ 17 W 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 Cade, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 3 0 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Develo 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 184 calendar days thereafter, or until the effective date of the annexation and 3 s;lour docutnentslmiscellaneous1l01annexatianslsha~vn & lira carter 2,00 ac.doc permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application, The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established ar 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 ar otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist, Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale, Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, T~ ?6201 Section Recordin ,This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or inequity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. 4 s;lour documentslmisceilaneousllOlanne~atiansls~ativn & lisa carter 2,Oa ac,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 S ection 4. Section 11, Venue. venue for this Agreement shall be in Denton County, Texas. Section 12, Execution in Mu~iple 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 l4. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreement as of ~ ~ ~ ~ , 20 ~ o, a ers Shawn P. Carter „d' A Lisa M. Carter THE CITY OF DENTIN, TExAS By: CityManage ,Deputy City anager, or Designated Representative THE STATE OF TExAS } CatJNTY OF DENTQN } . This instrument was acknowledged before me on the f day of , ZO10, by Shawn P. Carter. ~ ~ `bt~r~ Pt1~7IlC St~tB Of Y@% ~Qta~~ M'Y G~~NMIS~ION ~xpIR~S . ~~r~ ~~r ~ ~a1 a Notary Public, State of Texas 5 s;lour dacumentslmiseellaneousll0lannexationslshawn & Iisa carter 2,00 ac,dac THE STATE OF TEXAS ~ COUNTY OF DENTON } This instrument was acknowledged before me on the day of 2010, by Lisa M, Carter, Natary public Skate of Tee MY CC~~lMISSfO~ k*7tPk~E3 7o~s Notary Public, State of Texas Y THE STATE OF TEXAS ~ COUNTY OF DENTON ~ This inst ent was ckno .legged before m~.-oa theM day o ~ ,2(~~, by City anag rlDeputy City Manag rlDesignated Representa e, on behal of the City of Denton, Texa , ~~~""''P~~ of y Pub~i , fate of Texas ,~'q1~~~~~'$~%, J~NNI~~R K. WA1.3~~5 4''r' ~`'y Notary F~tablic, St~t~ pf Yexas r~,~ My ~o~rr~l~~lon expires .f~~,~f~Q~ i~~`~~• ~bC~~~~~ ~ ~ ~ ~~hl~~tt~~~ APPROVED AS TO LEGA~~, FORM; ,.._....u r...,.:.~~~,~. ANITA BURGESS, CITY ATTORN rv~ ..~~:m~- _ W~:.~ 6 After recording retu~~a to; Jennifer wafters City S ecretar ~1laneousll0lannexationslshativn pawl carter non-annexatian,doc 215 E. McKinney Denton, TX 76201 CI3APTER 212 TEXAS LOCAL GOVERNMENT CODE NON~ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Cade by and between the City of Denton, Texas the "City"} and Shawn Paul Carter ~"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 1.706 acres of land, more ar less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain General warranty Gift Deed dated December 30, 2009 from Reba M, Carter to Shawn Paul Carter, filed for record on December 30, 2009 and recorded in Instrument Number 2009147764 of the Real Property Records of Denton County, Texas. Said 1.706 acres of land, more or less, is commonly known as DC~4D Property ID 334526. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"~ for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised far ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex, Loc. Gov't Code section 43.03 5 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex, Loc, Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc, Gov't Code section 43,035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NO~V, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: 11T 1  Lm mmmi s;lour ciocumentslmiscellaneousll0lannexationslsha`vn pawl carter non-anne~ation,doc Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2, Development Plan. The Gwners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm~related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single~family dwelling may be located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172~b}. Section 3. Governin~gulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed; ~1} Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan,1999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed.1998 ~NCTCGG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 2S and 29, and DDC Subchapter 24, adopting; a, international Building Code, 2006 Edition with local amendments; b. International Residential Code, 2046 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; 2 s:lour documentslmiscellaneousll0lanne:~atians~sha~~n pawl carter nan-annexat~an,~oc 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 ~§28353 43 7 and § § 17w 141- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code ~ §28-441-~ 457; and m. Moving Buildings, Denton Code ~§25-326 - 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related ~ standards, as contained within Chapter 3 0 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas 'Later Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas Nell platting, drilling and production standards, as contained in 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 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 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 3 s;lour documentslmiscellaneous1101annexationslshativn Paul carter non-annexatian,dac City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Gwners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 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 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. Gwners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale, Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 3 0 days written notice of this Agreement to the prospective purchaser or grantee, A copy of the notice shall be forwarded to the City at the following address; City of Denton, Texas ATTN; Director of Planning and Development 221 N. Elm Street Denton, T~ 76201 Section 7. Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Seyerability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Gwner or the City by any proceeding at law or inequity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement, Section 10. Change,in Law. Na 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. 4 s:lour documentslmiscellaneousll0lannexatianslsha~vn pain cater non-annexatian,doc 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 instrument. Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five ~5~ years from the Effective Date the "Term"}. The Effective Date of the Agreement shall be the date the Agreement is executed by the City, The Term may be extended upon mutual agreement of the Parties, Section I4. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreement as of ~ ~ , 2010. Q s r awn Paul Carter THE CITY OF DENTCN, TEXAS By: City IVlanager, Deputy City Manager, or Designated Representative THE STATE aF TEXAS } CQUNTY ~F DENTC~N } f r This instrument was acknowledged before me on the day of , 2010, by Shawn Paul Carter. ~ " CHAT ~ ~ NvtarY ~ blic st N ~x~~A~s Nota Public State of Texas ~ h c~~M+s~o rY ~a~~ 5 s:lour doc~imentslmiscellaneousll Olannexationslshawn pawl carter non-anne~ation,doc THE STATE QF TEXAS } COUNTY OF DENTIN } This instrume was ac wled d before ~e--on~th~~ ' day ,2~ , b Y ~ Manage eputy City Manag rlDesignated Representative, n behalf of e City of Denton, Texas, ~e~~~~YP~~ry J~NNCF~I~ K. W~I.T~i~~ ,~'"~'~a~ ~ ' ~ 9 4 Notary I~ubll~, ~t~~~ Texas ar ub e State of Texas r~llEtiti APPROVED AS, T~J~~ ~E~A~; ANITA~~BURGESS, CITY ATTORNE ~ ~ ~ BY. f~. f ~r I I I V After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, T~ 76201 CHAPTER 212 TEAS LUCAL GGVERNMENT CGDE N~N~ANNE~ATIC~N AGREEMENT This Agreement is entered into pursuant to Section 21.2.172 Tex. Local Gov't Code by ana between the City of Denton, Texas the "City"} and Ozzie & Linda Chapa ~"Owners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually oz• collectively referred to as "Party" or "Parties"; Being Lot 10, Bloch A, of Milam Creep Ranch, Phase II, an Addition to Denton County, Texas, according to the snap or plat thereof recorded in Cabinet 0, Slide 385 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain warranty Deed with Vendor's Lien dated December 30, 2008 from Daniel A. Cooper and wife, Amy D. Cooper to Ozzie Chapa and Linda Genneken Chapa, filed for record on December 31, 2008 and recorded in Instrument Number 2008- 137843 of the Real Property Records of Denton County, Texas, Said Lot 10, Bloch A, Milani Creep Ranch, Phase II, is commonly known as DC~4D Property ID IITo. 202610. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex, Loc. Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Owners and the City acl~lowledge that this Ag~•eement 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, o~° timbe~• land pursuant to Tex, Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to ente~• into an agreement pursuant to Tex. Loc, Gov't Code section 212.172 for purposes of retaining land in tl~e municipality's ETJ in exchange for the property ownez•'s covenant not to develop the prope~•ty and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; ~~T 1  dm ~ N~~W, TI3EREFCRE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows; Section 1. Continuation of ETJ Status, The City guarantees the continuatian of the extrate~Titorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to tl~e provisions of this Agreement, Section 2, Development Plan, The owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm. or ~°anch dwellings, provided that no single~family dwelling maybe located or constructed on a lot sinalle~° than five ~5} acres, The propet~ty owner may apply to the City for division of the land subject to this Agreement into pay°cels, each of which is at least five ~5} acres in size, for tl~~e purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc, Gov't Code section 212.~72~b}. Section 3. Gove~~~xn~ Regulations, The following City regulations shall apply to any development of the Property, as may be amended fi°om tinge to time, provided that the application of such regulations does not ~°esult in interference with the use of the land for agricultural, wildlife manage~a~ent 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, ~ 999-2020, 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 Crites°ia ~~[anua.ls ~i~~cluding constz°uction, drainage, site design, solid waste, ~i~ 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 S ecificatians p for Public works Construction, No1°th Central Texas, 3rd Edo 1998 ~NCTCaG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a, 7nte~°national Building Code, 2006 Edition with local amendments; b. Inte~.~ational Residential Code, 2006 Edition with Appendix G arad local amendments; c. Tl~e International Fire Code, 2006 Edition with local amendments9 2 d. lilte~~ational Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. Inte~~ational Mechanical Cade, 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 §§25-353 43 7 and § § 17-141 210, as amended and as applicable; 1, It~rigation Standards, Denton Code §§25441-- 457; and m. Moving Buildings, Denton Code § X28-326 375; ~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, ands applicable administrative standards of the Texas Commission on Enviro~unental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Cade, as amended, applicable administrative standards of t11e Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas Nell platting, drilling and production standards, as contained in §35,16,19 and subchapter 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 anc~ Texas Commission on Environmental Quality, as amended. Section 4. Develo n~ent Plan to Remain in Effect, Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall xemain in effect for a period of 1 SO calendar days thereafter, or until the effective date of the annexation and 3 pe~~.nanent zoning of the Property, whichever first occurs, The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the P~•operty during such period if such application or plan is inconsistent with the Development Plan, The Owners expressly ~vaive 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 o~• in existence prior to tlae expi~•ation of the 180-day period during which the Development Plan is in effect, Section 5. A reement Deemed Void in Part' Voluntar Annexation. ~A} ~f an Owner files any application or plan of development for o~• otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void, ~B} Thereafter the City may initiate a~nlexation of the Property pursuant to Tex, Loci. Gov't Cade subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist, Owners expressly and irrevocably consent to an~~exation of the Property under such circumstances, Owners further agree that such an~lexation by the City shall be deemed voluntary, and not subject to the requirements and procedures far an annexation plan, as requi~•ed 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 o~• conveyance, give 3o days written notice of this Agreement to the p~•ospective purchaser o~• grantee, A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Pla~~ning and Development 22l N, Elm Street Denton, TX 7201 Section ~1. Recordin .This Agreement ~ s to rttn with the Praperty and be recorded in th~ real p~•operty reco~•ds, Dentan County, Texas, Section 8. Severability. Invalidation of any provision of this Agreement by judgment or cou~•t order shall not invalidate any of the re~a~aining provisions which shall remain in full farce and effect. Section 9. Remedies, This Agreement maybe enforced by either Owner or the City by any p~•oceeding at law or in equity, Failu~•e to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter, Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. 4 Sectloll la, Chan e In .raw, No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to a~lnex the properties covered herein pursL~ant to Section 4, Section 1 Venue, Venue fo~• this Agreement shall be in Denton County, Texas, Section 12, Execution in Multi 1e Co ies, This Agreement maybe separately executed in individual counterparts and, upon execution, shall constitute one and same instrument, Section 13, Term and Extension, Tl~e i~aitial terns of this Agreement shall be for a period of five ~5} years from the Effective Date ~tl~e "Term"}, The Effective Date of the Agreement shall be the date the Agreement is executed by the City, The Term may be extended upon mutual agreement of the Pa~•ties, Section 14. Survival of Covenants, The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as maybe necessary for the implementation of those sections. The Parties hereto have executed this agreement as of , 2D1~. v OW r/ eC G Li~ da Chapa THE CfTY OF DENTON, TEXAS By~ ~ City Ma~~.a er, Deputy City Manager, or Designated Representative THE STATE OF TEXAS ~ COUNTY OF DENTON ~ This instrument was acl~nowled ed before me on the da of ' g Y Zo l o, by Ozzie Chapa, y ~~~~~FAY p1~~r Q,,, MICNAE~ C~~FaRD Not ub 'C St to of Texa ~;nf~ Natary Public, Stpfie of Texas ,~yo; My Commission Expires ,~`'~;~0~`~ September 20, 2013 5 THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acl~.~owledged before me on the day of ; ~0l o, by Linda Chapa, ~,s ~~~~IIYl111~~~I ~w.~~~~~. MICHA~I C~IFF4RD _ ,n'w Notary public, State of texas Kota ~,T ublic, State of x ,•'~a w My Cammissior~ expires r~f~;rru~t,i~';. September 20, ~~13 THE STATE OF TEXAS } COUNTY OF DENTON } This ins ent was acl~~owledged before ~ the da o 20% b Y 9 ~9 .Y ,City Manage IDeputy Ci Manag rlDesignated Representat e, on ehalf of the City of Denton, Texas. r ~ti~~~~,~Yfp ~ N t y Pleb C State of exas wA N~~r'~ u~il~~ ~t~~t~~ `f~~~~ { E r _ _ _ . _ i APPROVED AS TO LEGAL FORM; ANNA BURG~Sr~';~"C~T~ ATT~ a~~ . ,,s ~r a•'r~ Y ~ y. b~ 1 V After recor ding retunl to Je~ulifer Walters City Secretary 215 E. NIcl~il~u~ey Denton, T~ 7201 CHAPTER Z1Z TExAS LOCAL GOVERNMENT CODE NON~ANNExATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex, Lacal Gov't Code by and between the City of Denton, Texas the "City"} and ' t~ ~"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"; That property described in a deed to~ which is recorded at - ~ Records of Denton County, Texas, and commonly known ~ as Tax Parcel No. , which ~s attached hereto as Exhibit A, consisting of approximately;,~;~~. res of land. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23 , C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc, Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex, Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; 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: I1T G e. International Fuel Gas Code, 2006 Edition with local amendments; f. haternational Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Cade, 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 ~~2$-383 - 437 and ~~17-141 210, as amended and as applicable; 1. irrigation Standards, Denton Code ~§28-441- 457; and n~. Moving Buildings, Denton Cade §~ZS-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 and as applicable, and as supplemented by requirements of the Texas Utilities Cade, 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 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 ~ . 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. Th P rues hereto have executed this a Bement as o e a gr Owners r THE CITY aF DENTIN, TEAS By~ Ci a ag r, Deputy City Manager, or Designated Representative THE STATE OF TEAS ~ COUNTY OF DENT4N ~ 5 a GEC' NUMBER: 9']1p~.D04 P~~E ~ v~ ~ i~~►tas January ~.5, 1997 Grantors C4MMONWBAx,TH PR4PERTlE~ drantox~a ~~cil~.rig Addrasss P, 4, 8DX 1~Q5 ~ihaluding aountyf DENTOI~, TEXAS 7624 iD~r~oN covNTY) grazits~►~: Jo~rN cxu~r~ow~~~ Grantee's bailing l~ddrasa: =including oouiYty) Con~c~,dexatinns ~'or and in aonsiderat~.an of the scum o~ TEN AND NQ/x,00 130LLARB ~$1D ~ OD) and other good and va~.uab~.e eonsidarat~.on, the reaoipt and adequacy o~ which are hereby aaknowledged, Property ~inaluding and isrpravoms~nts~) s $eing all that certain txact or parasl o~ ~.ard s~,tuatad in the MCN$~b sTBwART s'URVFY, ABSTRACT N'Oa 1150, ~erston County, Texae, and being more particu~.arl.y des~aribed on Exhibit ~~An attached hez~eto and made s part herea~ ~vr all purposes, Ressrva~t~ions~ ~rou~ a»d Rxoeptions to Conveyance a~ad Warrsxr~tys This Conveyance ie made e►nd accepted sub~act to all easements, reservations,. c~and~,tione, covenants and restriptive covenants as the same appear of record in the ai'~iae of the County Clerk o~ the vounty ire which the property is situated, to the extent that the same apply to sub~eat property at~d remain in e~ieat. C~rantvr, for the aonsideraCian and sub~eat to the reservat~.ons from and except~.ons to conveyance and warranty, grants, ~el~.s, and conveys tQ Grentee the property, together with all and sf~ngu~,ax the rights and appurtenances thereto in any wa.ss belonging, to have and hold it to Grantee, t~rantg8's hags, executors, . admin~.stratars, suoasasors~, ox ass~.gns ~orevera drantar binds grantor and Grantor's hears, executors, adm~.nstrators, and suavessors tD warrant and ~oraver defend all and singular the property to grantee and granteers hairs, executors, admin~.stratiors, successors~►, and assigns against every person whomsoever law~u~,ly ! vlaim~.ng or to claim the same os:° any part thereof, except as tp the rbservatiQns from and exaept~.ons to eanveyar~ve and warranty, When the context requires, singular r~auns and pronouns ~.nclude the p~,ural, C4NbONWEAI,TK PROPBR~'~E5 WANUA B~I~EW, PARTNER . BARBA,R,A ►7E8TER P TNER ~ C4RPOR~ITE ]~C~NO~Lg~,' ~T~T~ 4~ ~'gKA~ COUNTY D~ ABNTON THIS ~N~STRUMENT was aaknawledged ba~oxe me on this x5 dAy o~ Janu~►ry, ~9s7 by WANAA EE~,EW, P#~RTNER fax GOMMCNi+R~ALTH PROPERT~E~ 5°~ r, P r y~ ~f,.~~,~, r ,~'i rYV•I~~~ 1 I'i.1~~f C f1 Pub ~.a, B~a~s o~ Texas '`1 ?rfr~`' ~q'r{'n tir ri ir. C'~'~ C}~.~ I•~r 40 coRpo~►Tg ~C~'oxz~~~sNT BT~Tg CF TRi~AE Comex pF nsNTON ~'HY~ IN~TRVMEN'i' was aaknow].edged be~vrs me on ~h~s day o£ O'a911~uaxxy, x:997 by BARBARA aESTER, PARTNER fox COMM4NWEALTN PRCPER~'~'E ' sti p ; , „t ; r D. ~IO~1C7C 11f;~iNA r r ~'if Y ~+r 1•p fill 11~~•~r 11 11 ~VF+MI~ ~1 ~~s ~ . it Sfi~1T~ t~F~'~XA~ y Publit~, stm~e a~ Texts P 1 ,,,"t'~"' MyGnmm Cr;p 05.21.97 ~r +,.;4;'rr;r w u p ~ ~~+f~ ~B V O RAP ~ 0~4 ~0~i► I ti I I Jl~~gx xBGO~'d~.n~ ~~.b~ll~l! ~8~'~~R tp= f JOHN cxc~r~ows~x D~N~N~ 7~,~D~ W ~ y.. 1 ~'i~H'~a~~~° rl~tr /r All, ~1r~~ car~ain ~raak ar paxoal pt hand ~►ikaa~ed in kh ~tvwurt 6ur~rey, Abekraak Nv, bun~on~Cvu~~~r TaKaae flaNaial of a ~calladf i'~~2~ acre ~ira~ k~an~ end a,xi o~ a o r r rein ail ~Ce second ~raob doenxilbed !t► ~ deed ~rrnrt ~ ~ ~ 3~edf Y f ~cnvrni~C ek u~~ an ~t~e l~r~ day o~ c~~abex i0~8~1 r#aar~~e ~p day ~3 5'~~, Fege be•d Reapxdr o~ ~en~on Cout~~Yi ~'pkae d i'n Valume fully daNaribed ae ~alioae~ 1. ,and ba~n~ tnoxe b~t~t~tHiH~l ek a found ~rori pig e~ ~ha ~aukl~wask aornex o aore Creak in khd ~vxktt boundAr i~ne o~ C~Ah~cer hoed0 ~ aaid t~~7~ ~'Il~NCL Nc~Kkh OOi t1~' ~6" ~e~k e~dilakat~ov off. ~70r►97 f ~ i~l~c'~ ~aut~io6q;woe~ ao~~tex a~ aAfd acxa eeaon eok ko err ixon ~aek a dl,e~~rnce o~ 33~~96 ~eek~kok~n ~ ~ir3 ek khe t~arkheae~ Carpax o~ aA~d ~►eaond ~~aat ~'an 7'II~H~;~ 5oukh Dq+ t~6" ~aek a diakanaa ~~O~,~i ~e . pln ak kha +~aukhen~rk corner v~ ea~d aore kra ek Eo an irar~ baundery line of QanzBrTMAfltrd~ ok on k1►e t~arkh TIi~~1C~ Norkh ~9~ 5~ 04 week w,lkh the ~loxlkh bowndax R~Ad A diakanaa p~ ~33r~~ leek 1'~ ~~A pp~l?~ G~` ~0 ~ ~ line ~pnr~ex in atl ~0~7~y acres a~ land, .11 q •nninq, end aonre~irrirrq r e ' 11 1 ~1 1 f , r' ' 1 1 fl • • 1 i 1 ' 1 ' ' 1 ! i „ ,IF. I 1 1 ' r;~~~,1 kl l 111';1', y 1,1 " '•~li' .ll~ 111~•1•r~ ~ ~ ~ 111i'r 11 ~ II•, 1w 1r / 1+111'.1' 111 F r1~ ~~11~' • ! ~ 1 ' r111~1, f'~1, ;~Cri~ 1 11'1 l'i+''If ~:l' 1 • 111, 1'1~./+'~I'',~!'j ~ '4. ~IIr•'~ j ill k~'1 1 • ~y1~1''r. I li~i ~'I11 ~ ' 1 Ir1,I1 rl~'11~1~~ 1 ' ~~I~~frll rl/ 1 •1• fy ! { ~ 1~t, 1 'r r'1' ,I ~~i111i !i 1,~1~~.~5 ~ 1 :i ~~1 1 11'YS1 1'~ rJl 1• 1.11 ~1 i,~~` 1 ~ 1 ~ yl l 1 ~ 1 ,1'•,, 1,. II.1,, , ~ r ) , Itrl 1 ~ rll, ; .,11.1 , ' • ~1 ~~7 ~i ~r,: ; 1,1=l1~r • ; _ , 1 .1:~7 1 ~f ' ~ Ij ~ r , . .lil 11,!~1',ilar,l I . ' ' ' f •141~1~' , ! x.11 ,11,'.1 ' f . ' • ' 1 1 . ~ ~ [ 111 Ir11 r 1 ' ~ ~ 11 ' i 1 ,1 r 1.1 I .1y~1 ~ ' 1 ~w.l 1 1' ,11` 1 ~r1'r1f1 1!~~••f. ~ 1111 • ~,1'~~ ,S~ 1 111~ 1~ 1 • ~ ~ ~ ~ 1~'• `~1• ! •~y .I' Ifl.'r.jl' ~ 1 ~r .1.111,11 ' 1 r•ti1 ~~1r 'rl j,'r+y~ ~ 1/ ~ ,i ~ I I ~f l 1 ' ~I~Z'.'1;~'~ tlRi'1 1~~5. ' ;Ylj 1 i a•, .111,• 111 / 1 111,11' ~ 1, ~ l' ,~~1 rlj ~l •1 i1N. •1 rll. .1 ~ 1 11 r. 1 +1t1 1.11 11 1 'll ' i'f '11/1 il• 1! •.1 .3' • I.1 ~ 1 , 1'1.4 1 ~ I l l~'1111~11 , 11 . •1~ 1 11 'r 1•~ 1r~•1 ' • ` F~~~d fn~r~ ~acard iii; I~~N"C~N C~]U~ITYY , #~~l~O~flBI~~ ~Ih~ Nfl~G~.~ICQl1NTY C~,fkK f~t~ ,~ar~ 16 1~~7 fl~ i ~~'~pm ~?oal~i~►~i d ~7w~~~fl3~~~ ~~aal~yp~ a 9. ~~aa~~di7~~_ lbarl~~~~~~ ~ ~ieaai ~ ~ 4~8 ~~p~t~y ~,{~~td~ After ~•ecording return to: Jennifer wafters City Sec~•etary 215 E, Mcl~inney Denton, Tx 76201 CHAPTER 2l2 TExAS LDCAL GGVERNMENT CGDE - NQN-ANNExATI4N AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and William A. Crawford and Gladys H. Crawford, Trustees of the VL1'illiam A, Crawford and Gladys H. Crawford Revocable Living Trust ~"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": All of that certain called Tract S described in a Special warranty deed dated June 1, 206, from William A. Crawford, aka w.A, Crawford- and wm, A. Crawford and Gladys H. Crawford, individually and in all representative capacities to William A. Crawford and Gladys H, Crawford, Trustees. of the William A, Crawford and Gladys H, Crawford Revocable Living Trust, which is recorded at instrument number 2006-66861 of the Real Property Records of Denton County, Texas, which is attached hereto as Exhibit A, said called Tract S being and commonly known in the records of the Denton Central Appraisal District as Tax Parcel No. 37070, and consisting of approximately 10,000. acres of land, WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, Gwners desire that the Property remain in the City's extraterritorial jurisdiction ~"ET1"} for the term of this Agreement; WHEREAS, Owners and the City acknowledge that. this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that. it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Lac, Gov't Code section 212.172 for purposes of retaining land in the municipality's ET1 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 ~I1T 1 4 ~ WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NCW, 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 hereina~er defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm~related and ranchWrelated uses and customary accessory uses, and single~family detached farm or ranch dwellings, provided that no single~family dwelling maybe located or constructed an a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172~b}, Section 3. Governing Regulations, The following City regulations shall apply to any development of the Property, as maybe amended from time to time, provided that the application of such regulations does not result in interference with the use of the land 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~Z02o, as amended, including but not limited to the ~RD~S} Zoning District regulations, and standards incorporated therein: ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, . solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Cexatral Texas, 3rd Ed.1998 ~NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters ~7, 28 and 29, and DDC Subchapter ~4, adopting: a. International Euilding Code, 206 Edition with local amendments; b, International Residential Code, 2046 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, 2406 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, 2405 Edition with local amendments. j. National Electric Safety Code, 2043 Edition, with regional amendments; l~, Minimum housing and building standards, Denton Code ~ §2$-3 S 3 437 and ~ ~ 17~ 141 210, as amended and as applicable; 1. Irrigation Standards, Denton Code ~~28~441-- 457; and m. Moving Buildings, Denton Code §§28-326 375; ~4} Sign regulations, as contained within Subchapter I5 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 ~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. Sectian 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 S o 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 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 Bement Deemed Void in Part Volunt Annexation. ~A} 1f an Owner files any application or plan of development for or otherwise commmences 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} Therea~er the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntar Y annexation of land as may then exist. Gwners expressly and irrevocably consent to annexation of the Property under such circumstances. Gwners further agree that such annexation by the City shall be deemed voluntary, and not .subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43,052, or successor statute. Section 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 4 Section 7, Recor_ dingy. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section Seyerabih ~v. I~avalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full farce and effect. Section 9. Remedies. This Agreement 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 therea~er, Entry into this Agreement by Owner waives no rig~its as to matters not addressed in this Agreement. Section 10. Chan e in Law, No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section ~ 1. Venue, Venue for this Agreement shall be in Denton County, Texas, Section 12. Execution in Multi le Co ies, This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section ~3. Term and Extension, The initial term of this Agreement shall be for a period of dive ~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. S~~ryiyal of Covenants. The covenants in Sections Z, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections, The Parties hereto have executed this agreement as of U~1,r ~ , 210, ~william A. Crawford and Gladys H. Crawford, Trustees of the William A. Crawford and Gladys H, Crawford Rev cable Livin Trust, Owners it yam A, Crawfor Gladys ..Crawford 5 THE CITY OF DENTON, TEXAS City Man ger, Deputy City Manager, or Designated Representative THE STATE OF TEXAS } COUNTY OF DENTON } . r This instrument was acknowledged before me on the day of January, 2010, by wzlliam. A. Crawford, .~1 CI~MMC~S ~ , ~,~1~1 ~~d~i, S~~P~A~IF FYN~ ~oterY p~biio, State } es~ , . My commission ~xP '~r~r,,.~~~~ Febfua~Y 191 ~ Notary P blic, State of Texas k~hilii THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the day of January, X010, by Gladys H. Crawford. s c~~~M° ~s e ~~Aiyl~ ~ Skate a# , y;,,l~l~'f~,,~~ S~~P u~plic, ~ ~XQtit$s ~4M~ ~o~miss~~~ ~p13 _ Fe~~~~tY Notary ubliC, State o as yf~Ir~,~~fi~,p~ l1~1lI IIIS~ THE STATE OF TEXAS } COUNTY OF DENTON } . This i ment was ac wledged efor on the ..~~d o 2010, by City Man gerCDeputy i ManagerlDesignated Re sentative, on h half of the City of Dento , 1 ~~a~~~YA~~~i~ ~~IdN~f"~~ i1~ YtlA~IG~~ r~~~t4~, ~ , , ire. , N / .r a Notary ~'u~~~c, state of Texas N t y Publ' State of Texas My C~mr~~~slor~ ~x~ite~ APPR~VBD AS T~] rLEGAI~ FORM:~~ .ANITA BtJRG~SS, CITY ATT4 . BY: 1 7 Exhibit A to Development Agreement (Legal Description of Property) s n, ~~ry ~ ~ . Denton County ~ . ~ . . • ~ • . Cynthia Mitchell ~ ; . ' ~ ~ ~ County Clerk ~ ~ ~ . Denton, TX 76202 ~a~no~no~ssa~~ ; : ~ ~ . , Instrument Number: 2~Ofi-fiGSfi~ Recorded an: June 45, 2oofi: ' . Warranty Deed Parties: CRAWFC~RD WILLIAM A ~ ~ ~ ~ ~ ~ ~ Billable.Pa es: 7 To ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ • ' ~ ~ ~ ~ Number of Pa es: . . . g 1. Comment: ~ ~ ~ ~ ' , . Exannined and Charged as Follows , Warranty Deed ~pAO Total Recording: 40~Qg . ~ ' • ~ ~ ~ ~ . . . ' ~ ~ ~ . • ~ , • ~ ~'H1S PAGE lS.PAR`~ 4F T.I~E:INSTRUM~NT Any provision herein.which restricts the Saie, Rental ar t~se of the described REAL' PRQPERTY because of caior qr race is invalid and unenforceabie under federal law. File ln~ormation:. ~ ~ . Record and Return To: Document Number: 2006-soo~~ ~ ~ . . .Receipt Number; 29563a 1NILLIAM CRAW,FURD Recorded Date~Time: June 05, 2006 03;39P• ~ 5~~ M1M.~SA DR .,.r . . . ~ , ~ .•.s ~ ~ D~NT~N `TX T624~ User I Station; K Kirby ~ Cash Station 2 THE STATE ~F TE~AS~ ~ • ~ , ~ . ~ ~ ~ , ' ~CDUNTY ®F DENTQN ~ ~ ~ . . ~ ~ 1 hereby certlly that this 1nstrumentwas FIt.~D in the Ffla Number saqueince on the dateltime .prln#ed heron,'and was duly REC~RD.ED in the 4fflc[ai Records of Denton County, Texas. . ~ ~ ~ ~ County Clerk ~ ~ ~ ~ ~ ~ ~ ~ . Denton County, Texas . ~ . { f~ ~ { ~ ~ ~ 4,4` ~ , , . r . ~ . . ~ . NaTICE CF C~N~]ENT~ALIT~' RYGATS.. ~ Y(]U ARE A NATURAL PERS~N,.~'U~CJ . ' IYtA~Y RENX~VE ~R STRII~E~ ANY ~F THE F~LL~wEVG n~'~RN~ATY~N ERUNI THIS . . IN~TRITMENT BEF[~RE ZS EILE~] F4R RECORD IN THE . ~UBLZC REC(]RDS; . . 'Y~~R S~CIA►L SE NUMBER ~R 'CUR DRIVER'S LICENSE ~tUIVIBER. ~ . Denton ounty,. exas . ' ~ ~ . ~ ~ ~ ~ ~ ~ ~ . ~ ~ ~ ~ ~ , : SPECYAL'PV 'I'X DEED ~ ~ ~ ' Date: ~ ~ ~ 2~~6 Grantor. w'iltia~n A. Crawford, aka W. A, Cza~vford and wm. A, Crawford and t ~ Gladys H. Crawford, aka Gladys Crawford,' ~ndivid~.ally and in all ~ ~ . . represent~~ve capaci~es . ~ . , . • ~ ~ 519 Mimosa Drive. ~ • ~ . ~ ~ Denton, Denton bounty, Texas 7~2~1 . ~ ~ ' . ~ ~ . . ~ grantee. , w'illia~ A. Crawford and Gladys H. Crawford, ~ Trustees of the Williams. A. Crawford' and Gladys H. Crawford ' ~ revocable Living Trust, dated Dece~.ber-3Q,1992, ` ~ ~ 519 N~i~nosa Dave . ` . ~ ~ ~ ~ ~ ~ . ~ Denton, Denton County, Texas ~ . . Co~.sidera~io~n:. ~ TEN DGLLARS AND NCII ~4 ~$10.00}, and other good and v~.uable ~ ~ . 'consideration, :fie receipt aid sufficiency of which are hereby acknowled ed and confessed b ' ~ g y Grantor. ~ ~ ~ ~ ' ~ ' . ~ Pro a inciudlu ~ an ~ rovenaents : ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ . ~ ~ . Nine tracts of land described as follows: ~ ~ ~ . . All that ce~tain~ lot, fact or parcel of land situated in the City and Coun~r of Denton, State . ~ ofTexas, described as bung Lot.Z and part of Lot No. 3, in Block No, l 1, of the~Bxtension . ~ to Headlee`Subdivisian, Section I, an addition ~o the City of Denton, Denton County, Texas, . ' as shown on the plat .led for record in Vol. 3, pages 3 and 4 of the Plat~tecords of Denton Count, Texas.. ~ . ~ , ~ , ~ . Tract Z: ~ ~ ~ , ~ ~ . ~ ~ ~ ~ . ~ ~ ~ . All.that certain dot, tract or parcel of land situated in the City and Coup of Denton, State . tY of Texas, described as being Lot 1 H, .in BlockNo.11, ~of the Headlee Subdivision, ~an addition ~ Special Warranty Deed from William A; Crawford, et ai to VUllliam A, Crawford and Gladys H. Crawford, Trustees . ~ , of the William A, Crawford aid Gladys H, Crawford Revocable Living Trust, ~ page ~ Y Y  r i 3 7 i r a ~ ~ ~ ~ f ~.,y ~ ~ 1 , , . ~ ~ to the City of Denton, Denton Count, Texas, ~ . Tract 3:~ ~ ~ ' ~ ~ ~ . . All that certain lot, tract or parcel of hand lying and bein situated in ~.e~Ci and Coun of g tY ty . Denton State of Texas, and being out of the Robert Beaumont Survey,-.Abstract No.~ 31, and ' being a part of a tract out of said survey described in deed from Brooks Nash to A. M. Guess; . as shown of record in Volume 37~, Page 34~, Deed Records of Denton Countya Texas, and . being more particularly described as follo~rs; . BEGINNING at an iron stake for corner in the ea.sterl bound ' line of Beaumont Street Y ~Y , said beginning corner also being i~.the Vest lioundaxy line~ofsaid Guess tract;also being the ' southwest corner of a tract described a deed from ~A. ,M. Guess to Dated S. Blakele , as . . Y ' ' shown of record ian'V'olume 382, Page 595, Deed Records of Denton County, Texas; ~ THENCE East with. the South bou~. ~in.e of said Blakele lot assin at 12U feet the. ~y Y.~P g southeast corner of said Blakeley lot, ,and continuing a total distance of 135 feet. to an Iran . . . ' stake for corner; . . ~ THENCE South'~Q feet to an iron stake for carnet; . , THENCE i~ a~ wo~terly direc~.on, 113.5 feet to .an iron stake for corner in the 'easterl . Y boundary.line of Beaumont Sheet; .'THENCE an a northwesterly direction with the eas~exly bound line of Beaumont Street, . 68 feet to the place of beginning. ~ ~ ~ ~ ' Tract 4: ~ ~ ~ ~ ~ ~ ' ' All that certaip, tract ar parcel of land being the South one-half (i/2} of I~t 5, Block 3, . ' FryAddition, an addi~.on to the City of Denton, Denton County, Texas, accordin to the' lot . ' g P . ~ ~ 'recorded in Volume 75, Page '~4, Deed Records, Denton County, Texas., , . Tract 5~ ~ . ~ . ~ ~ . ~ . . All that certain, lot, tract ar parcel of land lying and being situated in the' City and County of ~ ~ .Denton, Texas, being part of the~R.obert Beaumont Surrey, Abstract 31, being the East 57 feet of Lod Twenty-'t'wo (2~}, in Block.T~venty-Four of ~.e Thigh School Add~~on to the City. ~ of Denton, Toxas, ~ as shown on plat thereof of record in volume 19~ 'Pa e 555 of Deed . ~ g Records of Denton County, Texas, andmore fully describedbymetes and bounds descrip~.on . ~ in warranty Deed from Farm F~.e Buckman, indi~ridually and as Iudependenl Executrix of ~ . . ~ the estate of Boyce Alton Bp.ckman, Deceased, to Glad s Crawfor Trustee dated N.~a 3~ , . . . Y ~ ~ Y . .1985, and recorded in Volume 1645, Page 961, in the~Real Property Records ~of the Dentin . ~ County Clerk's Gf~ee, Denton County, Texas. , ~ ~ ; . ~ A . . Special V1larranty Deed from William Crawford, of al to William A. Grawfard~and Gladys H. Crawford, Trustees , . . ~ of the William A. Crawford and Gladys H. Crawford Revocable L.iving Trust, ~ ~ page 2  • ~ y a k ' , , ~ ~ ~ ~ ~ e t ~ ~ Tract ~ ~ ~ , All that certain lot, tract or parcel of land Tying and being•situated in the City and County of ~ ~ . . ~ • ,`Denton, State of Texas, and being Lot 2 in Block 3 of the Fry Addition to the Ci of De~,ton, ' ~ . . • Texas, and shown by the plat of saki Addition of record in Vol, 75, Page 74, Deed Records • _ . _ ~ r_ of Denton County, Texas. ~ . . , Tract 7: ~ . , ~ , . , . ~ ~ All that certain tact or ~ arcel of land situated in the Tames Plane Suave Abs act 515 ' • ~ y ya , . ~ • Denton County, Texas, being part of Tract 7 of Little Brook Estates, recorded iu Volume • 489, Page 273,. Deed Records of said County, and being mare arti'cularl described as • P y follows: . ' , BEGIl~NING at a concrete.nionument, same bein ~ the Southeast corner of said tract 7~ g , THENCE N. 89° 54' 28" With the South line of said Tract 7 a distance of ~158,3D ~eet•to .a steel pin; , ' ' , THENCE N, D° D3' ~ D" ~l'. 245.17 feet to a steel pin; ~ . . THE~:CE S. 89° 54' ~8" E, 158.3D feet to a steel ' in; ~ ' p THENCE S. D° 03' 10" Z45.17 feetto theplace of beginni~a.g, containing•in all D,891 acres . of laud. ~ . ~ . Tact 8: ~ ~ ~ ~ • Alt that certain lot, tract or parcel of lands lying and being situated in the County of Debtan, • . State of Texas, and being a past. of a certain 165,9 acre tract as conve ed b Deed dated . Y y - December 9, 1952, from Arnold Christian. Trietsch and wife, Ruby L. Trietsch to T, L. • ~ Gentsch and wife, Winnie Gentsch, as shown of record in volume 3 S4, Fage 629 ofthe Deed .Records of Denton County, Texas; being out of the rohn Ayres League and Labor Survey, • Abstract No. 2 and being mare par~.cutarly described as follows, ~ ~ ~ . BEG~G at a steel pin: and a fence corner ost in the South Bound ~ Line of Farm~to- p ~ . Market Road No. 313; the width of sand FM Road No. 3163 at this paint being 12D feet; . - said point of begiuuin.g being in the.East Boundary Line of a 14,426 acre tract of land as cc~.veyed by Deed dated February 4,1961,from. J, E. Gentsch and wife, Winnie D, Gentsch, to ~Stuckey's Stores, Inc,, as recorded in Volume 4.64, Page 299 of the Deed Recards of • . ~ . Denton County Texas; ~ ~ ~ ~ . . • ~ r , THENCE South S9 degrees, 44 minutes East, alon the South Bound Liue of Farm.-to~ . g. . • ~ ~ Market Road No. 3163, and being 6D feet South of andparallel to~the centerline of said read, ~ 56.7.53 feet, to a steel pin for corner; , . ' . ~ ~ ~ . • ~ ~ • THENCE South DD degrees,l2 minutes West, and parallel with the East Boon Line of . ~ ~ Stuckey's Stores, lnc,14,426 acre bract, 767.DD feet, to a steel pin for corner; . .S . • : ~ . ~ S eclat Wa n De p ma ~ ed from Wiliiam A, Crawford, e~ al #o William A. Crawford and Gladys H. Crawford; Trustees . , . , of the V~lllam A. Crawford and Gladys H. ~Grawford Revocable Living Trust, ~ page  . ~ S ' r , . ~ • 1 i Y 1 1 ' • THENCE North: 89 degrees, 44 minutes west and arallel to the South Boon . , ~ p dary Mme to .Farm-to~Nlarket Road No, 3163,567,93 feet; ~o a steel pin and fence corner post for the S outheast Corner of said Stuckey's Stores, Inc. ~ 4.426 acre tract, ' • THENCE North 00 degrees,lZ m~.utes East aloe fence.line and the Eas ~ ` ' . . g t Boundary line . of said Stuckey's Stoxes, Inc, Tract, 76?.00 feet, to oint of be ' and~containin 10 • ,p ~g g acres of land, ~ ~ ~ . • -Tract 9: ~ ~ ~ . . . 'All that certain lat, fact or arcel of ~an.d situated in the Coup of Denton ~ ~ ' p . ~ tY and: State of Texas, an the waters of Hickok Creek, a tributary of the Elm Fork of Trinity River, about 12'm~iles North 50 deg, west of the City of Denton, out of the~BBB & CRR Co. Serve , ' . Y . AbstractNo,150, patented to D,Gregg, Assigned, byv~,ue of Scrip Na, 80, PatentNo, 806, Volume 2, and more particularly described as follows, to wit; . ~ . BE~INN]NG at a point on the North. line of sand serve , at the Northwest corner of a 250 Y 321100 acre tract conveyed by wm, Kimbrough and wife, to P. Collier, b deed recorded Y ~ gyn. val. 49, page 39D, of the, Deed.Records of Denton County, Texas, the same bein the ~ ' . g . Northeast corner of a 200 acre tract conve ed b ~aidKimbrou and ~fe to T: A. A:~~.on . y Y gh y, . ~ by deed recorded in vol. 37,.page 330, of the Deed Records of Denton County, Texas; ~ . , • THENCE S. 0 deg. w.1119 vans to the Southwest corner of said P.•w. Collier 250 . 321100 acre bract, on~the East line of said,J.A, Anton 2U0 acre tract ~ • Y • THENCE S. 89' deg,10' E: 5089110 vara.~ a neck, the Southwest coiner of a ~ 50 acre tract . sold to School~eld, out of the East part of said 250-321100 acre tract . ~ . . • T;~ENCE N. 0 deg. 22' E,1119 vans t~ the Northwest comer of said Schoohield 150 acre ' tract, on the North line nfsaid B,B.B/~ & C.R,R: Co. Sure ~ . .Y~ . THENCE N. 89,deg,10 'w. 499-5110 vans •to the place of beg~ng, contauun.g 99-921100 • acres of land, as surveyed by w, H, Pierce, Suxveyvr on October 31~ 1917. ~ ~ . • . • ~teservat~ons from and ~xc ~ • e bons to Conve ante and warxan _ . • • ~ Easements, rights-af~wa ,and rescri five ri is ~ whether~of record or ~ ~ • Y P p gh , not, all presently • .recorded instruments that affect the roe ;and tapes for 2006 the a ent of h~ch • . p P p Yn! w Grantee assumes. . ~ . ' ~ Grantor, for the consideration and sub `ect to the reservations from and exc bons to c . ~ ep onveyanc e and Sp~ciai Warranty Deed from William A, Crawford et al to W • ~il~am A. Crawford and Gladys H, Crawford, Trustees • of the William A/ Crawford and Gladys H. Crawford Revocable i.iving Trust, ' ~ a e 4 . ' . P~ . ~ ~ ~ F f . ~ ~ ' ~ ~ 1 warranty, grants, sells, and conveys to Grantee the proper~r, together with all and sin ar the ri is r and appurtenances (hereto in any wise belonging, to have and hold to Grantee, Grantee's heirs, . executors, a ' 'strators, successors, or assigns forever, Grantor binds Grantor and Grantor's heirs . executors,,admirustratars, successors, or assigns to warrant and forever defend all and singular the proper~r to antee an antee's ears, ..executors, administzators, successors' and assi a ainst ' , s ~ g ,every person whomsoever lav~fuliy claiming or to claim the same oar any part thereof, except as to . ~ . . the rese~va~ons from and exceptions to conveyance and warranty.,~when the claim is b , throe or ~ . Y under Grantor but not otherwise. Notwithstanding the foregoing, this ~ deed is made with ~ full • ~ substitution and subrogation of Grantee in and to a~. covenants and warran~es by others heretofore given or made in respect of the pro~ert~r hereby conveyed or any part thereof. . when the context requires singular nouns and ronouns include the lural, , ; ~ . p p ' 'aan A. Cra~rfard . , . . ~ . . ._.r. , • ~ • ~ ~ ~ ~ Gladys ~I. Cr wford ~ ~ . . o. . STATE GE TExAS ~ ~ , ~ ~ ~ • . CGTJNTY Gp` T~ENTDN.. § . • • The above and fa~egomg instrument was acknowledged before me on this day ~f . ~ Z046, by •williaui A. Crawford. ~ ~ ' ' • . ~ ~ ~ ~ Notary Public, State. a exas . ~a~a~y ~ub~~c, ~#ate e~ Te~cas ~ ~ . ' , ~y ~ ~Y Gcrnm~ss~an Fxpire~: . ~ • ' Y . ~ ~ . Spec(a(Warre:nty Deed from wiillam A. Crawford et al tc~ William A, Crawfor r ~ . ~ d and Gladys H. Crawford, Trustees . ' of the william.A. Crawford and Gladys H, Grawfard Revocable L(ving Trust, . ~ pale 5 '  - ~ , i ~r 7 ' , H • . . ~ .l . . , ► ~ • ► • • . ~ . ' ' , ~ , • ~ . . STATE ~F TEXAS § ~ , ~ . ~ . CGUNTY OF I)ENTGN . § ~ ~ ~ . , , . ' The above and foregoing ins~r~.unent was acknowledged before me on this ~ day of ~OOd, by Gladys H. Crawford, ~ ~ Notary public,State of a as ~ l~f~r 1 ~ ~ Nary Ai~~ ~#ant~r~ ~a . ~ '~,}4~~ My~ ~m~t~ss~vn ~~cp~res; . ♦ ' , , , 1 r . r . ~ ~ J ' . • , ~ • 1 ~ • . . ~ Af der recording return ~o; . . ' . ~ ~ ~ ~william A..Crawford and ~ ~ . ~ ~ ~ ~ ~ ~ ~ . . . Gladys H, Crawford, Trustees ~ ~ ~ ~ . ~ . .51~ Mimosa Dive ~ ~ ~ ~ . , ' ~ ~ ~ ~ ~ . . . • • . J . ~ . Teton, Texas 7~2~D~ . , ~ ' , ~ ~ . . ~ . . • ' ~ • ~ 1. • ~ • ~ • • ~ ~ . . . ~ ' ~ r ' 5 . . 1 , ' . ' ~ ~ ~ ~ ~ ~ S ecial 1Narran Doed from wiiliam A. Crawford et al to wlilia ,._f - p tY m A. Crawfard and G1ady$ H► Crawford, Trustees of the William A, Crawfard and Gladys H. Crawford Revocable Living Trust, ~ Page G . ~ ~ ~ sROPERTY DESCRIPTION: ADOa2A J. AVERS, TR 83, 3773Y~t. DDS. 1.~~.778 DENTON: ,Q215799 la;a ACRES, oLD DCAD TR 3D•B .~e~~a~ ~UUn~1~ TexdS , ~ .oc-oo~aao FM 3163 ~ Z4~9 TA,~ ST.ATEMEI~T ~cR~S- 1 o;oaa S#eve Ma>s~man, Tax Assessor 1 Collector Make Checks* Payable and Send tc w~rrww.wr.~ul.l llii iili 1 M~che~le French, thief Deputy DENTON COUNTY TAX OFFICE ' P.O. BOX 902,23 DENTON, TX 7fi2a2-5223 . Phone: 94D-349=35Da Metro; 972-434-8835 Credit Card payments • office Hours: S:QQar~to4:3Q m V#SA»MasterCard~-Discover * 'p online at: http;lltax.dentoncounty.co~ o ~ ~ ~ ~ ~ ~ $ Monday tbxaugh Fnday Except Holidays CRAIJUFORDWILLIAM A & GLADYS H TRSTES OF ~]entan & Lewisville locations only Phone at' 87'x-d33-~~~~ 519 MIMOSA DR Tuesday $:00 am to 6:8Q prn} ~ Person at: any Tax office location DENTON TX ?62a1-a85fi Up to 4°/u conveniencefee analies r T1AX~S DUE UN RECEIPT PROP TYPE~D1 RATIO OF ASSESSMENT,10a°/° • • 4 ~ t, ~•{x:, a~,}:. f:{ ti 1 a . :c r 'C •:~~ik i" ='ir•~f;~ • ?l: it;. S . ~ 1 ;a. • .~I r r f : s, ~ t • t y: Mro, yti. f. 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T ~NG:• s. .ra~...r Y rr ~ .r~ ,«~~t~ `1.s~r. ~ 's'.-~ ~ 1 ,•f. r»~.%. .t.ti. .t ~'+'••'~:37rt';S' L''L ~ $_.rir' ..JF,J '!•f "Y .^tA.•n'1 f t:'i.•M1~. . 1 tG, •'~F'`~ r:" .3.; r •;1 .s. ,r1.' a '.+c s• L + N . $ ••s•,?iii` f sf + .J . :3F = rs '''t } •,1.. 'Ir,^ =.r•. :YJ~:r~ li - . lF•. _ 4~.r «~r` `f f ! ' . = s .t•. r . nS~ {'9 : ~ k s K rls2. o. ,i arC' t + 'ti = . r. ..ti41't' r fir: ~':Sf ~ S •1. •i o _ .c.r..ii o - . ~-~x • ' D ~ : ~ ~~v~ , r .f.3:.F,.r.:•.:.r~•::l:.:=:•:.. • ENTITY:,:=s~~' ;,.,.1~1~°7"~.:~~•~:.•~..:,...r...~.M.PTI .N:;~ •~:3., ry ~,c~ .r; 3.;~3'. k r DENTON couNTY . ' ia; ~,aao ~.249~aaa I •2:5:( DENTON IND SCH DIST ` • ~ 1,DDa 1.49a00aa 14.91 i CLEAR CREEK WATER . 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''7 .1 tiL:ir.~5: s: e':J .:,3"~•: - .•t:. •t .3er~~.rF.•' ''d'~::v:••~r• ~~,t.F:}.:,t:{:}}s, ~ <~e~~~~..~~ ~ ~~~~~,~~P~n~~~ ~=land interest • `iL' .r nr r•u .~'s ~a~.•`-1.~~: .r.. .'a:'r.:~ ~•,~•,;{~.5,~. ~~C,' 1 I r =r. =ir• r•~• =r;r' '1q~ ~ :.,'ils ~~{f~~ .f~Li• •}~•ISa ifi•t'~~'t. •,l~y f'L'L:. • • •~•.{i"s ppY , f~ (t f~~ r":,. • ~ a'a~~~'`'~°` ' ``~r~`~ ~~~0# b i115'• deli # s e se # e 3 y" ~_°:.,1;.~~: f:;:., t:.. , es~~io~p..~ Y ~ :~~w . ~ nquen and a s s d h ,•,,1~'..{`~• 1~~>'t4•' • ~r::'; j ~~`~Ilo~~h:t~~ al = r ~ ~.F ;,es.1. rate ~ '07tG'• ''i ' ~v ~Ic~~ f: ' ' yr :.aS:r.:. r' L,6~ k;~ t ~r:. r.'.; :.'r. W~°`.l: ..,1 ~e s to • .:a;:.::'.,~{; ~~n~~ ate • ~ . ~ ~ : rr-:. • . 3~$t,~l A~a~a~~.~:~~r~st'r~~~s~~"~a :d~~.e,~b~• ;'#~-ie first day of each month. Legal costs and fees ~ y~~~m~~~~~~cdi~'e~~du`~t'~ny.:t~~i~~,ft%r~ e ~rigaency and a suit may be tiled to collec# the tax. :~~.:.~„ram; • . , ~ ~hrs Porti'on~~An,~ Yaui~~~'ar~~eli,~d`•~~'~~k`~Vi~ Serve.A~~Yorar~ Receipt • i,~- MSI Rev. 3 9109 DenCo Sfm~! -wr~~rwrwrrr~r~..lrrr~~~~.~~r-wr ~rrwrrw.ww.sw.w.r~rrn~r+.~s► nM~rrrw~rwsr~..r.~ ~r.slrrr rrr rr.rrrrr.rrwrrrr.~s~l.i:i:rrrrr~~~r~~~wr~w ~..r..w.wrrrr~.l.l~r.-~w~wrrwr..r rr.....w r.rr rrrrr rw..rrr r °'t:~ ~:~~trrri3s~'~ii~ P.~r~an:11~ttit.~Yortr~'~,yarierat NOTE; PENALTY AND INTEREST 1F NDT I~UE'8Yr•~(~~113~']2g1Q•t•~' - PROPERTY ACCOUNT NUMBER STATEMENT NUMBER 3.... PAID BY: a~1311~oto .~.~.g~0~ ~7n1•DDEN 8~ ~o~ 7°/0 1,.27 • • #9.~8 f•.~~~~}-~,x,: Feb, • : ~~~?~x= _ MGI ~ .~'~+,{.rr~~~/'~{r ~f~`~f►;. ~'tJtj.~~~. Cry'?,-,r~.7y;~,}!,~~.~i~i: DUE (~~N l~E~C~~P~` ~ >w~~'~:~~:~~' ~s_. ~~_;1,~ TAKES ~~~~.~s 5•_. Address Correctfon Requested ~ . ~ ~'~.~;nr ~..:.i;r•. ~ '':4~r'j:i^'q,`i~Yrk„'.~y.~~ ~rti i':sl ~7!}1:t j:'S;r' • • ~~'`"`'`.r;:.=. ~ r.r STE1/E MOSSMAN w DENTIN ~aUNTY ~ • . TA7~ AS~SESS~R COLLECTOR o CRAVIIFORDWILLIAM A & GLADYS H TRSTES °w OF P.C, BaX 90~~3 519 MIMOSA DR ~ . DENTON, TEXAS l6~OZ~5223 DENTON TX 7fi2a1-a85fi 11~~~1~11~~,~1~1~1~~~,.1,1~1,1~~,l;lt~l~l~~ll~~~l~l„11~~11~~1 * Paymentswil~~epo~ted~accoxd:;ingto:the tJSPS cancellationmark or date of delivexyto the Tax office w . ~ 4 i . i •.1 Fri !Nr' . ° . ~ 4 4 n . ~ 1 1 ~  when paying Dy cnecx, yQu.:auTnoanze the t ax ti mce to use tntormailonlrom your cnecx for a one-time eiectronic fund transfer from your account or to process the payment as a check transaction, , r.l ~ : ~ ~ J~~DO-~-D~D OF TRUSS With ~'a~r and Xneurance Ctausa 6 ~ MAR'I`XN 5t~t{onery Ca., Dallas THE STATE ~F TEXAS ' ~ Know .A.~.~. • Men ~y These Present; . DENT4N~ " COUNTY Ole THAT THE UNDIaR~IGN~D........ W~~L~~..~:~...c:~:~r~oR~~ . of the County af.........,.~~?~~4~1 and State of Teas, in cansideratian of the debt and trust hereinafter mentioned, has...... Granted, bargained, Sold sad Conveyed, and by these presents do Gr~wt, Bargain, Sell and 'Canvey unto........... George.,~opkins,~.......,.,~.......... ,,,ooa,pe , Trustee, .and to his successor ar subst~t~te in this trust, and to his and their a~sinns hereunder forever, the fallowing . described property, situated, lying and being in the County af......~~J~~4,~... ..................................................and Mate . of Texas, to-wit: ~•All that certain lot, tract or parcel of hand lying 'and being situated in the County of Denton, State of Texas, ~ and being a part of a certain 16 fi, 9 acre tract as conveyed by Deed dated, December 9, 1952, from Arnold Christian Trzetsch and wife, Ruby'L, Trietsch to J, E, Gentsch and wife, '~innie Gentsch, as shown of rec- ord in ~'ol,unae~t384, Eage fi29, of the Deed Records of Denton County; Texas, being out of"the~~John Ayres League~~and Labor Survey, Abstract Na, ~ and being more par ticularly described as fo~,lows: ' . BEGINNING at a steel. pin and•• a fence corner post in the South Boundary Line of Ear to~Market Road ~o, 3l B 3; the width' of said FM Road No, 3l. is 3,' at this point, being x20 feet}; said point of beg~nning'being in~the• Eas•~ Boundary~L•ine of a 14, 42fi.acre ' tract of land as conveyed by Deed dated February 4, ' ~ 561, , fro:, J. E, Gentsch and wife,' '~innie D, • Gentsch, ~ to Stuckey's Stores, lac, , as recorded in Volume, 464, Wage 295 of the Deed Records of Denton County, Texas; ~ , TI~~NCE South'89 degrees, 44 minutes ~ East, along the South Boundary Line of Varna toMMarket Road •No, 3l 63, and being fi0 feet youth of and parallel to the centerline of . ' sand road, • 567, 93 feed, to a steed. pin'for corner; . ' THEE`CE. South o0'deg~rees,• ].Z mi.nute~~'S~1'est, end parall.e~.'wi•th the'East Boundary ' Line •of Stuckey's Stores,..~nc, 1.4, 42fi acre •tr~ct, 7fi~', DO felt, .to•a steel pin for carne ; • THENCE North 89 degrees, 44 minute's west, and pa'irallel to ~ the South ,Boundary Line of Farm-to~-Market Road No, 31.63, 5fi?', 53 feet, 'to a'ateel pin and fence corner post for the Southeast Corner of said.Stuckey's Stores, ~.c, l.•4, 426 acre tract; THENCE North, 00 degrees, minutes, East, along fence line and the East Bound ' ' , ary Line of said Stuckey;'s Stores, xnc, tract, fifi7, UO 'feet, ~ to point of beginn~.ng, and containing 1..0 acres of land, ~ ' • • r • , ~ a. . E r • TO HA'~ AND TO HO~,D the said ~describeci ,property, with all the rights, members, hereditaments aid appur- tenances, now, or hereafter at any time'befare the farecla~ure hereof, in any wise appertaining ar belonging thereto unto ,the said Tnlstee, and to his ,successor ar ,substitute hereunder, and to his and their assigns forever, And the under . signed hereby binds..h~mself,,...~i~~ .................................;..baits, executors and administrators, to warrant and forever defend all and singular ,the said premises, unto the said Trustee, his successor ar~substitute in this trust, and to his or their assigns forever, against the lawful claim nr claims of all persons whomsoever, THIS C4NV~YANCI~ is made in trust, however, to secure and enforce the payment af......Qx1,e pramissazY aate............af even date herewith ~hereipafter referred to as nate3, executed by the' undersigned, payable to ' ~?rx,?~;~~..~.o..~~:~~:~4fi ................................................~...........M..................,......,........_...,.,.,,,.,..,........................,,.,......, or order at .................,.r..YM...,.....,.r.~~~t4~?}....,.....,................., Teas as follows: in the princi.pa~ sum of $14, aoo, Oo, payable in ten ~l0} equal annua]. installments of 405, 00 each, the first of said in~ , stallnaents tv become due and payable on or before the loth day of February, l•973, ' and a like installment to become due and payable on or before the ~ 0th day o£ each succeeding February thereafter until. said note, ' principal and interest; is paid in full, . bearing interest on the unpaid balance at the rate of 7°~o per annum, interest payable aripually°ns ~'it accxug~ on• the ~'O~i 'day o~ E.ebruar~ in ad~dz~i~on'to the prin~xpal instal.x~ meats, said note containing the usuaY default, ,maturity •and,'attorney's fee' clauses, • . . . • . .  ' ' The note secured''hereby is' additionai~.y secured by "~endor~s Lien retained in Deed oi' even date herewith from Dmxna Jo Harris, et ai, to ~W'i~.liam A, Cxawi'ord, and this Deed oi` Trust xs given as additional, security to the ~endor~s Lien therein re~ tamed, and in renewal. and Extension o~ said ~'endor~s Lien and not ire extinguishment thereof , Seder, agrees to execute partxai releases upon the ,payment of the sum of $x, 7'bD, Oo per acre, °'to be appli~'d'to 'th:e princ~~a1 `reducti~h of't~.~ note, T~.e principall, pa~m.ents to be ~ appxied to the ,payments last ' dtxe' under the terms of~'the note; ' • , : , , ' , ' ~ f r r ~ 1 . 1 . ' . . ~ . w ~ . • . S.p . L y 1 w f♦ ~ r • r ' ' 1 xt is agreed that if default be made in the payment of any prinapal ar interest on ~ said note, ar in the performance of the covenants nr agreements herein contained, ar any of them, then at the option of the legal holder of "said note, the •whale of the principal debt herein secured shall became due and payable, and may be collected by suitor by.proceedings hereunder; • and it is further agreed that if said indebtedness ~ not paid when due, and is placed in the hands of an attorney f ar collection, or •if collected through the Probate Court, a xeasanable amount shall be added thereto as attor- ney's fees, . ~t is also agreed that this Deed of 'gust covers any and all renewals of the above described indebtedness; • ~NGw, TH~RII~ORI~, if the said indebtedness be paid, bath principal and i~fer~st, ~ the game becomes dui and payable, and if the cn~enhnts and agreements herein captained' be kept sad performed,'then; and' in that case only, this ' conveyance shall' became null and void, and 'the property •herein conveyed shat[ 'become wholly char of sand ;debt, land - these pxesent released ~ due form, at the Grantor's cast, vDierwise to remain~in full~orce and effect; but if default shall be made in the payment of said note, or any insxalln~ent pf interest tliereann when the same ahall'become'due oir'.in case . of the breach of any of the agreeinent~ ar covenants herein mentioned, then at.the'~requ~st of the legal •holder of ~said~ • note, the sand Trustee, or hissuccessor or successors appnint~d,hereunder, ~ hereby au#~orrzed ana~~•empawered to sell • ~ y a the land hereby conveyed, at public auction; to the highest'•bidder far cash, at the'G~aurt •l~ouse door af M.Fp... • ~ , , Texa"s; be~~ve`eri 'tile hours' of 'ten o'clock a.m> and ~fbur~ 'clack ~p:m,, oh the first ~.xr. : 'I,'ues~ay in any month after having given Invtice of the time, place said manner of sale by posting written notices thereof • ;at three publl~c places rn satd county; one of which shall be at the Court House Boar of said county, far tl~uree consecutive weeks .prior to the day of sale, and,it is hereby agreed, that the said Trustee, ar his successor, may sell said property, ta- gether or r1r lots or parcels, as to hum shall seem exp~lient; ,and' after said sale 'as aforesaid, shall execute and' delver to 'the p'tixcliasex ar ~p'tirchasers• thereof, goad •and suffiaent deed ax d~ecls in law to the property sa sold, in fee simple, with . the usual warraAties,-and shall xeeelve: the proceeds of saad~ safe, and, aut• o'f the same shall pay; • durst, au charges, casts , ' and expense of executing this trust, including, a f ee of 5 °jo. to the Trustee an.the fatal of the inci~btedness secured by this 'Deed' of Triis~; second, the Hate above described and all ~suins of money due or became due hereunder, with 'interest 'rah agreed;: and, 'third, shall 'render the• overplus, •if a31y, unto the undersigned herein, or legal representatives or a~igns,, . ~ ~ " THh, ~'UND~R~x~S~TI~D ~R'~A~R CaVI~NANT •with said Trustee tbat..L.~~ll~-• --..•.,....,.....1:' at all tiine~, during the cant~nua~ice, of this trust, keep:the builcl,ings ~aad improvements ndw an, nr' hereafter to b~ erected ,~an, said remises, in~suureti 'againsti loss by $re and tornado to the .amount of ~,..Q Q~«.Q Q ...................ar to the extent •rnsurance; can be'obtained thereon, in. companies acceptable to and'with lnss'pay~ble ~a said ~ruste~, ar his successa~s, for the,benefrt of 'tile payee or.the,legal holder sad owner.af said Hate, and deliver'ihe policies to.said Trustee, nor his suc- cessors, and to pays before the'sairie~ shall become d'elinqucnt, all taxes e~nnd assessments that ina~ be levied or assessed • against said premises or any paxt thereof, And it is especially agreedthat if the urrdersigued shall fail • tv effect said irxy . surance.aAd deliver such policies,.:as herein provided, or to pay such taxes, then .the said insurance' may be effected and sand taxes may be paid by the'legal balder of said Hate, and sumq,se expended shall be a detnaiad obligation and became ' • ~ ~ • part of .the debt hereby secured and shall ~dr~w interest at the rate, af.,........~e~] ...............per cent,~per annum from date . • so expended until paid, ar at the option of tie molder' of the debt secured hereby, floe entire principal indebtedness may be declared due, aird be collected in any manner provided in this instrument, or provided bylaw, . zS ~`U~?T~~ AGR~~D that, is the event pf a foreclosure under the power granted hereby, the owner w possession of said properrty, or any one claiming under laim, and in possession as tenant ar otherwise, shall there- upon become the tenant at will of the purchaser at such foreclosure sate, and should such '"tenant ref use to surrender passessian of said property upon demand the purchaser shall thereupon be entitled to institute and maintain the statu- tory action of forcible entry,a~d detainer, and procure a writ of possession thereunder. ~ . IT IS h'URTHI~R AGRI~I~D that in the•case of the death, resignation, removal or absence of said Trustee from the County of.,....,.....D~~i~~~.. Te~aas, ar his refusal ar f aslur`e ar inability to act, then the balder ' of said note, or any part thereof, shall be and he is hereby authorized to appoint a substitute irr writing, who shall there- . upon succeed to all the estate, rights, powers and trusts granted to the Trustee herein named. IT ~S SP~CIA~,x AGRIaI~D that when, as and if any accelerated maturity of any items secured by this instru- ment may be declared due under any term of this or any other paper evidencing Doe debt ar any part thereof, that the maximum amount that can be collected for or on account of the debt shall be the principal amount thereof and interest accrued t'v the date of payment at not to exceed ten per cent, per annum, That if any possible construction of ' and and all of the papers may, seem to indicate any possibility of a different power given to the creditor yr any authority to ask far, demand, yr receive any l~rger~ rate of interest the parties covenant that same is a mistake in calculation or warding which this clause is intended to override and control, ~ . • ~T I~ SPI~C~A~,Y AGRl1~D that.in case of any sale hereunder, all prerequisites to said sale shall lie'presumed tv have been performed, and that in any conveyance given hereunder ail statements of facts, or other recitals therein made, as to the non-payment of money secured, or as to the breach or non-performance of any of the covenants herein set Earth. ar as t'a the reaueat of the `>~tce to enforce this Trust, or as fa the nraner'and due anoointment of acv suhsti-  11. Lute Trustee, or As to -the advertisement of We, or time or place or manner of sale, or as to any other preliminary act or 11 a 4 % 11 1 . 1 a 44 . 1 9 . 6 A 0 a 1 .1 1 11. . !..1,. .1 . 6 ..1 - _!1_.1 1....~ ' ~ ~ x , ~ ~7'N~SS my fiend this fat day Fed any ~ , A,b, ~ . 5 • ~W'xX.am A, Crawford ~ •,...........1..„v,,,.,n.•s.e„~....~.w..l,•a,..,„.M,.x,.R,!!„.,v,,,,..~s...,.V,.,...vvr...,,,, S ` •••r.r:l,,,,,.•.r:..•.•.x.,......•.......r.I.rr•....,.x.....,.r..,!•...r••..w.•..•...,...r•.,•..as. ~ . , THE STATE OF TE~A.S ~BEFoRE ME, the undersigned authority, COUNTY OF ..x..~.~~~~~...~..........._..x.x. in and for said County, Texas, on tb~s day personally appeared..~.:x...~.]~~,].~~(U...A.:..~.x~.~N.~?.DS>~.,:a.....M_ :..................~.....,M.M....;.. ..........Mxxa..~,,._.,..,.~...........x.,.......~..M........~.a....~.,............~...x:......,,...,...~........... ..........r....rM ....................~~....M.....,..................... ........ .......x .............x.......,....x.Mx~.xw.....,.......~.M,_..~..........,..,.............~.x._.....~.........x_.....,M...~...,....~...........,....w...,.,._....... knaw~a ~t~, ' ~ ersoa.....~....whose nome.,....~.1~,..~:.,subsarlbed to the foregoing instrument, sad acknowledged to me that ~ ff .......~.~"e~ ~~tttecl~!~ ~si~,me for the purposes' and consideration therein , r GIVEN; CINDER 1~Y$AND AND SEA1, of oFFTCE, T ~ ~ ..l.::." . y o~....Fe~3~'ua ~ A.D, I9~ . . , 4 r [7 ~ ~ (T{. A7l~, M,.MMlwr.!«+s M_. x .~~MM.MM!l,....,..,,, ~ ! c, r ; Notary puhllc,~ ~....:~...~;............~...x..,.x...,.....,xxCounty, Texas ti,,~~~, ~.....~....x. n o , ...............xx.......... ~~~a~`'' My Cbmmissian Expires rude.xx.........x ~ ,19..M~.~.. THE ST~.~ ~ ~F TEXAS, ~ ' BEFORE ME, the undersigned authority, C4CTNTY 4F.......x.x....x.x ................:.x.....,..~.,..,..«...,. , in•aI1.fl•far said County,' Texas, an this day persanal~v appeared...la.p.ww..uxlvx„lxxx,..,p..xw..N.n.,.....wrl,M.x.H,.Mlxw.n..NMx..,N..n.MMwx..w+....q.MMM.,,I,.y ......M„MFq.n..MIMNw..w.v..g MMnr~.nw.wwM.MwIM.wW,.ewMwlvw.ww,,.,yy..,.yMy.~.Mq, ~e Ofx.Nexx.,,N,M.IM.M.wwNM..IxN,,,nr,N.,Nw.Nx,.,wM..l.uM.~....avNN..~.,.....MMM.N.v,.xM.M,,, l~nown to ma to be the person whale name is subscribed to the #ongoing fnstrument, and having bees examined by mg privily and apart from her husband, ~and~having~the~•same #ully•explained to her, she, the said...~MM ..................................~,~..,......,.............~...........,...,~..x.x. 4..M...x ...............x.:...x............x.~..........,x,....w.......x..x....M..x..........,.,............~.......aclrnawledged such instrument to ba her act and deed, and , she declared that she had ~willingly~signed~~tl~~~a~me "#or the purposes and consideration therein expressed, and that she did not wish to retract it. , ~ , ~ . • GNEN CINDER MY HAND AND SEATS of oFFTCE; This.MM...~.M.......~..day a#.,!_.....xM.......~.......l..~..MM.......x..M.M,~, A.D.19~.xx..... ~~1 ' ~ , !Wl,w.Nm,x,.MM„wl..x,.,MN.FIh..x►..+.~V....~,.nw.WMMIw M.M.,M.M.Nn,,,.M,..uwar..ww.h..wl • ~ i Notary public,,M...I..M..~.......»...~..........,._.....M_.xx~,.......xM.County, Texas ` ~ MMlgw~.xtN,x„.v,vvx.,v,x,xw„! NixlwtvM ~ , , ;~y Commission Expires rune , i9 w.~r.a1 w.~+ THE STATE `~~F TEXAS BEF[1RE ldE, the'undersigned authority,' CUUNTY UF.M.,xx.xx ................~.~...x.........,......~...M in and far said County, Texas, an this day personall~r appeared,.... !r„art.lw.+v rM..x.~.w.M.Mx,Mpw.+VMwy.~.Mw~..M/,wwMww,x,.,4NMr M.............x..........M.......~,.........,x.......M....~.......~.....x ............................_...~,and.,.,...............,....... .x.....,.M.,xM........._.....M..........~...... . his wi#e, bath known to me to be the persons whose names era subscn'bed to the foregoing instrument, and acknowledged to m~e that they each executed the same #or the purposes and considera~an therein expressed, and ~e said.,....~..~..:M._.....,.........M.M~,.,.,....~........_..., ............M ~........................_..................w.x..........., wife of the said.,...................~.~....x.._.......~.MM..~...................1.......x....,.......~........haVin g been examined by ma privily and apart fmm her husband, and having the same fully explained to her, she, the said;,~~...~.M.M~,....»<.~.~~....,...x. ' .»........~.......~........w.,...:.„..~....~.....,..,,....xx... cknowledged such instrum~t to be her act and deed, and she declared that she had willingly signed the same far tho purposes and consideration thereu► expressed, and #hat she did not wish to retract it, GIVEN CINDER MY HAND AND SEAT, Ukr DFFTCE, Th9s~„~,MM,day o# .......................................~.....x......M...., .A.D. loxx.:.:.... = MMte.,MKM....M.•.~~w.w.MMx,,,.,xNw,,,,..,,..xMati„xW,M.,M,x.,.NM...,,xMl.x„x.swxM~.M.~IrWI _ Notary Fublic~x ...................~,....~..x........,x,...x.....~....M.County, Tcaas My Commission Expires runex.......xx ...................._..........x..x.,19xx......~,  ~E~ • 1 r , . . ' ~ r ~ , • ~ ~ . 5 ~ 4 ~ , ~ c~~rt~IcAr~ ol< R~ca~o ~ ~ ' . ~t~e ~#ate of 1'exae . . County of Cet~tpn I, rH~`1'A PARK~#~, Clerk of the Cau~ity Court In and for sold County • do hereby certify that tha~re~oing Ins ment of writing, w(th i rtiflcat y.,,.af au~~entlc~ n was ~ . flied #ar record the .day ot~ ,..R,C. 19~,P..... at. ~.a'ctoctc.. ~.......M,~ r , r and duly re~rdad Y ot= .p. 19...~.~.'at~f~?A.a'ctock.......~....:M,, to ~ .,.~..,a# tie. r Vat m r ~ P ge ...............,.,......a,. ~ ..,..~,....-..,c. ` .,,~ecards of Uenton, texas. ' . ~ ' ~ r ~Ad ~ pd ~ ~ ~d,~►.,~rui~ year leaf ~ rwrttkan. i ' , ~,•''i , ' 1 i~ ~ ' ;i ~ jaunty, ~aur~,p~ntari ro~R ;C.eycas , h • • • , • ' r , ~ , , , , ~ ' ' ~ r ~ • • r • ~ ail y..r .~h ar. ~r :1 r ~ ~ rT.' '~r•t•~~ ~rfit~k ~.7,•;+i~y,~4~y •i7 t~~{Y • r • r5 • r r.+...r''.~:-y~.~...~...•..~.~.1,,.1C1~ .h11M•v ~+r.,r rrya,.y..4,~9~Ai4,.' LL~ 1~~y ~ r . • • t M.k^•1M1s1.,*~{....~,! W~ Ny.,'.+I I~Ia..n'AT•"'•`Cif r•• ~n w^Ar'~..+.y'~'~' h. • •.r •ti•ti rr . • ~ t.~~J~ 1 tt r ~ ~ , r r ' , r 1 ~ ' ~ ~ ' O+ ~ ~ ~ ~ , ~ ~ , ~ r ~ . a Vl l ie i~ • E . ~ • r ~ ~ w ~ ~ ~ r ~ $ ~ ~ ~f ' ~ ~ ~ ! H p 0 ~ ~ b ~ ~ w U v b~ ~ ~ ~ ~ • ~ ~ ~ r,~~ o w ref ~ . m ~ j , . . r • ~ r r t r ' • ,Y. 1 ~ . i , , 4, • r 1  i~~ ~ . d I 1 y ~ ~ t r~ ~ ~ !1 A . . .r. r ^t•^' r.Kt t •4 r ► ti 1 w mob... . ' • i ~ ~ ~ t ~ ~~Lli ~:i L71' ~1,J~y ~ i H~I~~V ~i~N I3Y T~iESE ~'~ES~NTS: ~ , ' • , 1 CDUIr`TY 4~' D~tiTOi~ ~ ~ p R~GOi~ ' ~ ~ ~ i What conaidtration Qi the psymer~t in iuli accardin~ tQ the face tend tansy therr~l, 4! one ~ , ' ~ cart{stn prvmisRr,ry Hate in the arigirial principal sum air $i~i, QQ4.0~ . E ; . descril,ecl a cattatn peed of Trust ~ ~~~J~ ~ i' ~ r • • ~ execute! by Wil.~.iam A , CrawFord • ~ ; • ~ ~ ; to Ce~r~e Hapk~,ns, TrusCee for games, Jo Harris . • ~ ' dated the lei day o~ Fabruar T y t9 ~2 ,and recerded i~ Va11 32~ on ' ~f ~ ~ pale 1~9 oC #ha records a~ Deeds o ~ xru s ~ : ~i ai Uen~on Caunt~►,'rexaa • the ou-ner anc! halasr a# paid aotc ddas , t~ her~h~~ retense tits ~ ~ ~ t civic shoti~'rt Z~' eaid ~esd vi TrusC to exist npar~ the #alta~~~ie~ tieacril~ecl Znna, to acri~r,? t~a~. ~r meat of said Hate ~ via,: to acres o~ land out; p~ the Jahn Ayres 1►ea ue and Labox purvey, ,Abstract Ne, Demon ~aur~~y, Texas, mare ~+:1 y set out ' and ~eecr~,bed in the above re~erencad Deed o~ Truet, l This release is also intended ta, and does hereby release the Vendor's Lien reta~.ttQd in Deed ~xom the undersigned dated February 1, 1972 tro ' William A, CxBw~Qrd conveying the shove referenced 10 acres o~ .and to W#.~,1iem A. Cxaw~ardl} 1 ' ~ 1 ► f. • ~ ; ~ ; ' ~ I p ~ - ~ ~ 1 ~ s ~ ~ ~ ' ; • 1 l ~ ~ 'i, ~ i ~'Vitneaa my hand this ~.,~th ~a of Aril ~ . ?r i s . ~ I _ • , ~ ~ ~ t _ , ~ ~ • ~H ~ $TAT~ T~XAi~ ~ ;t ' E i ~3~t;'o~~ ~I~, the un~v~lgnea, a ~`otery P'u1~1ic ~ 1 , t ~ ' • ' . • ~ • ..,.....t..•.........•,~ ~ in and for paid Count Texts //~~ii ■ ~1 eye g11 n n y ' } ••.•.r • y, ~ ~fl~ t~li~ day p~er~411atiy npj?v~1rCd 1 ~ ~ 1 . k . ; ~ ~ S► ► H• . • N.~.~.I.►•w.llKlF►WMrr~w.rgti/1rt.MF/w1/11•N....•. w• • • . ~ • • . • ~ ~ I ~I/v 1111 W .rlWa~ . ~ E_. ~ ; me ~O ~ the peratrn whom nama•.,~....,•~;~ autasrritted to the forvsoin~ instrument) n~~d ' • ~ ~ E • r ~ ~ aoknor~~edBe~la me tha~l,aho...$x~c~~1 the same for tlio purt~sea a~~ci censlclo~r~lian thrrcin e~~~r~~K~t.,t. ~ oi~~~ UNn~~ ~Y ~rA~tD AND ~p;AL of D~'11'iC~, thia~,~t:h dny, ar ~pri~ M ~ E ` ~ " ~ ~ ' ~~'.t ~ ;►;~1~*~~, ~F hatary x'ub1#e,>Z~te Stat•~ tf~ ~~►~'t't~~~~  •r ~ 4 • ~ • , v ~ -r • ti . v+ ~ s. .~~n~r '~'~"'i f r • • Y ~ • . > ~ ~ i , • i i ~ .w ~ F ~ j ~ ' ~ f ~ i t r ~ r • ' ~ ~ E E t =f . , . ~ ~ ~ ~ • ~ ~ H• • f !4 nn ~r w ~ ~ ti ~ i H~ ail k G ~ i _ ' sS a ~ ~ ~ r' ~ i I.. ~ ~ E T1 'S7 U 3 ~ ~ C ~ ' } ~ ,rid, • i • • : l I ~ . • ~ ~ ~ r ~ dy s h ~ ~ ~ ~ . 7~ , hl ~~C~~tU~p pAY r A.p. ~982~ ~ I4lA~ iL~.~ N i~4 h, p~NTON ~gUNTY, TL~~S, i ~Y: pL~I~T~'o .t ~ i Yf t• ~ ~ ' ~ ~ ' •t ~1. 7. .s r Y r ~1 ' . ~ . ~ ~ it a After recording return tc ~ ; Jennifer wafters City Secretary 215 E, Nlc~fnney Denton, TX 7b201 CI~APTER 212 TEXAS L(]CAL GOVERNMENT CODE NUN~ANNEXATIDN AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex, Local Gov't Code by a d between the City of ~ Denton, Texas the "City"} and ~ p ~ ~ ~ i ~"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"; That property described in a deed to ~ _ ~ .~~c~ ~ ~ M ~ which is recorded at voles, p~g~~of the Deed_ e orris of Denton County, j, Texas, and commonly known as Tax Parcel No, may, which ~s attached ~ ~ ~ ~D 7 hereto as Exhfb~t A, consistin of a rox~matel ~ ~ ~ ~ acres of land. g pp Y WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and wHEREAS, owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Gwners and the City acl~nowledge that dais Agreement between them is binding upon the City and the Gwners and their respective successors and assigns far the term. of the Agreement; wHEREAS, the Denton County Appraisal District records show that the Property 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 pu~~poses of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc, Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: SIT 1  Section l , Continuation of ETJ Status, The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Pa~•ties, subject, however, to the provisions of this Agreement, Section 2, Development Plan. The Dwners 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 2 ~ 2,172~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~S} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed, 1998 ~NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a, International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c, The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; 2 e. International Fuel Gas Code, 2006 Edition witl~ local amendments; f, International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Propez~ty Maintenance Code, as amended; h, International Energy Conservation Code, 2006 Edition with regional amendments; i, National Electric Code, 2005 Edltlon with local amendments. j, National Electric Safety Code, 2003 Edition, with regional amendments; k, Minimum housing and building standards, Denton Code § §283 83 437 and § ~ 17~ 141 210, as amended and as applicable; 1, Irrigation Standards, Denton Code §~28~441-~ 457; and m, Moving Buildings, Denton Code §~25-326 - 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on~site operation requirements, contained within Chapter 26 of the Denton Code of Grdinances, as amended, and Subchapters 16 and 21 of tlae DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas 'Dater Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Cade, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, as contained in X35,16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commissian on Environmental Quality, as amended. 3 Section 4, Develo meet Plan to Remain in Effect, ~`ollowing termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 1 SO calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs, The Patties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan, The Gwners expressly waive any vested rights that :might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The owners fu~~ther agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 1 SO-day period during which the Development Plan is in effect, Section 5, A reement Deemed Void in Part Voluntar Annexation, ~A} If an owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B~ Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C~ 1, or other such other provisions governing voluntary annexation of land as may then exist, Gwners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc, Gov't Code section 43,052, 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 n otice shall be forwarded to the City at the following address; City of Denton, Texas ATTN: Director of Planning and Development 22I N. Elm Street Denton, T~ 76201 Section 7. Recordin ,This Agreement is to run with the Property and be ~•ecorded in the real property records, Denton County, Texas, Section 8. Seyexab~i~, 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 or the City by any proceeding at law or in equity, Failure to do so shad not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law, No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4, Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas, Section 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, Terre 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 1 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 r ~ ~ . owners 5 THE CITY OF DENTON, TEAS By' City Manage ,Deputy City anager, or Designated Representative THE STATE OF TEXAS } COUNTY OF DENTON } Thls '1lstr11111ent Was aC~Cllowledged before 111e 011 the day Of , v, 20~ by c . aa~~~ ~~~~Y~E rc - Notary Public State of 1"®x ~ ~ ~t + ~ MY C~~i1MISSIgN ~xPiR~~ Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } Thls lnstrument was acknowle ed before lne on the day of ~(.~N 2 01 ~ , by rya.. ~ ~ ~ ~ ~ ~ ~ ra~ ~ °~➢A~'~ ~X.A j~ ~y C~m~ ~x~ ~ r Notary Public, State of Texas ~ THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acl~nowledged before me on the day of , 20~, by . Notary Public, State of Texas 6 THE STATE 4F TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me an the day of , 24 , by Notary Public, State of Teas THE STATE ~F TEXAS } COUNTY ~F DENTON } This instrument was aclcn ,edged before hone on th r-~. day.~o Ci ,24~, by ty ~~-~-~ataager eputy City ManagerlDesignated presentative, o~~ behalf of the City of De rte , as. ~~~4~~~Y~Au~~i~i Jk~4`~~~f Edi YYTI~~~IL~ M = ~O~~~y ~'ubl~~, State ~'eu~s w a ~ e sn lN~, +'~~4ti ~y ~ommiasion ~x~Cra~ of r Pub c State of Texas APPR~~ED AS TC~.-LEGAL.F~RN~;„ AN~TA„„URGES S, CITY ATTORNEY ..A _ , _ , . _w._ .._~..w.. ~ .e..A . B ,r~- 7 Denton County t ~ Cynthia Kitchell County Clerk Denton, TX T52o2 Instrument Number: 2045.7~2~7 As Recorded 4n: June 29, 2405 Warranty Deed Parties; CR~IX ALFRED A Billable Pages: 5 To Number of Pages: 5 Comment; Examined and Charged as Follows; Warranty Deed 2~.gg Total Recording; ~~,0~ 'THIS DOCUMENT IS BEING RE-RECORDED T~7 CORRECT THE PREAMBLE QF THE LEGAL DESCRIPTION. ALL OTHER TERMS AND PROVISIQNS REMAIN THE SAME. TINS PACE IS PART OF THE IN5TRUKENT Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of calar or race Is invalid and unenforceable under federal iaw File Information: Record and Return To; Document Number; ZDO5w78Z~~ Receipt Number; ,~051~0 TIT~.E RESOURCES Retarded DatelTime. ,tune 29, ZOD5 03:1 P WILL CALL DENTON T~ 7H2O2 User (Station, A Mcelroy -Cash Station Z THE STATE OF TE~CAS } COUNTY OF DENTON } I hereby certify that this Instrument was FlL~D In the pile Humber sequence on the dateltlme " printed heron, and was duly R~GpRq~p In the Ofttclai Records cf Dantan Gaunty,l'exas, ~ ~~~e * County Clerk '.r Denton County, Texas t 1 , A NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS; YOUR. SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER, GENERAL WARRANTY DEED Date► JUNE 27, 2005 Grantor: RAYBURN K. PIERCE Grantor's Address; 901 EAST WINDSOR DRIVE DENTON, DENTON COUNTY, TEAS 7209 Grantee: ALFI~D A. CROI~ and BERNICE L, CROrX Grantee's Address: 7709 ILESON ROAD AUBREY, DENTON COUNTY, TEAS 7b226 Consxderat~on; TEN AND NOIl00 DOLLARS x$10,00} and other good and valuable consideration paid by the Grantee herein named, the receipt and cuff ciency of which is hereby acknowledged. Property including any im overnents}; ~ ` ~ . Being a ~ acre tract of land situated ~n the J, McNEILL STEWART SURVEY ABSTRACT NO, ~ S0, DENTgN COUNTY, TEXAS, and being more particularly described in "EXHIBIT A" attached hereto and incorporated fully herein by reference thereto, Reservations: NONE Exceptions to Conveyance and'L~'arranty; Liens described as part of the Consideration and any other liens described in this deed as being either assumed or subject to which title is tal~en; validly existing easements, rights-of way, and prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests outstanding in persons other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the Property; validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or GF~251490W.D Page I of 4 Pages I 1 1 1 shortages in area or boundary lines; any encroachments ar overlapping of improvements; and taxes far X005, which Grantee assumes and agrees to pay. Grantor, for the Consideration and subject to the Reservations from Conveyance and Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee, Grantee's heirs, successors, and assigns forevex. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and tl~e Exceptions to Conveyance and warranty when the context rewires, singular nouns and pronouns include the plural, GRANTOR. RA K. PIERCE ACKNC~wLEDGNENT STATE 4E TEXAS § CGUNTY QF DENTON § This document was acknowledged before me on this day by RAYBURN K. PIERCE, personally known to me or proved to me nn the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this d of dune, X005. .r ~L~ ~ ~a~w R~~f~~ CYNDI ~RINGDE~iFF Notary blic, S a of Texas NOTARY PUBLIC STATE 4F TEXAS r ~ ~~~r My Comm Exp 44-20-2~Q~ GF#25199~WD Page 2 of 4 Pages  . . 1 l 1 ? 1 ACCEPTANCE BY GRANTEE ALFRED A. CRGIX and EERN]CE L. CRGIX, collectively as Grantee, accepts the attached deed and consents to its farm and substance, Grantee acknowledges that the terms of the deed conform with Grantee's intent and that they will control in the event of any conflict with the contract Grantee signed regarding the Property described in the deed, r A RED A, CRGrX ERN~CE L, CRG~X ACKN(}~VLE~G~ENT STATE OF TEXAS § CGUNT'Y GF DENTC~N ~ This document was acknawledged before me on this day by ALFRED A, CRQIX and BERN~CE L, CR~IX, personally known to me or graved to the on the basis of satisfactory evidence to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed, Given under rn hand and seal of"off ce this ~ of June 2~a5, y Y pU4~, CYND~ ~R~NGDERFF ~ ~ NQTARY PUBLIC ~ ~ STATE DF TEXAS 4~ My Comm ~'xp D4-~0.200~ Notary blic, S at of Texas . AFTER RECORDING, RETURN TD; ALFRED A, CROIX & RERNICE L CROIX 7109 ILE5DN ROAD AUUREY,TEXAS 7622C RREPARED IN Tf~E LAW OFFICE OF: HUGH L, MARSHALL, PLLC X112 DALLAS DRIVE SUITE 405 p p Box ~~59 DENTnN, TX 7fi~021159 CF#ZS 1490~'D Page 3 of 4 Pages ~ , ` ~~~IBI~ A Deacriptlon ' 10,x0 A~nee e .ti Baing ail that certain tract of land situated in the J, McNail Stewart Surrey, 1~batroct Nuntbdr~ ~ 1 ~4, i~ntdn , , C,vur~ , Texas and bei apart of a c~df ~d ~ ~.2~ acre tact of iand deecrU~~d ~n t#~ deed, ~v ±~m ~qu," ~ ? ~~i ~ ' ~ al ~ e ' I~eer~de of Denton , T~ ~ar~. ~ ; ~ , u~c r~cord+~d in Clerk a i*il• ~ 97 RQQ5159~ of the Re , P p rty , ~Y , ~ ~ ~ ~ . , R , .;sf,., the a art of Bract of #and described m a dead to John 8~ Squ#er Qe recorded i~ 1~~am~e ~"~ga pro p RecQrdr of Banton Caun , Texas, ~,~nd baf hg al# of a~ #~at of land de~rft~~ T~~ ~r~ ~ ; { perty tY ~ . suer'' ' of Tract Two of iand as described (n a deed tQ i,burn i~. P~t~e ae~ recvrd~d in G~erlc ~ ~ ; ' 99-~R44g8025, Real Propet~r Records of ~entan Gount~, fiexae; tyre subject tact being more ~~c~ ~ ; described os 1oil~ws: ' 8e innin at a 5/~" irQn rod found of the Northeast comer bf said ~'ract one and at the No~hWeet oorne~' 01 9 9 a tract of iand described ~ in a deed to John Ch~titawsi~i a~ ra~orded in County Ciark'e i~11e Nu~r . 97~RUU03249, Rao! Property Records of Qentan County, Texad; ' Thence South OD Degrees 05 Mi~►utea QQ 5eavnda~ VYeat~ r~ith ~he~ Er~t line of Qaid Tract One ► -eaa# line said Tract Two and the West line of cold ~fiutlu~wsid fact, a distance o~ 2~'D5.5~ fast to a~ inn ~ ~ • found at the S~theaet corner a# said T~dct Two and at the ~outhweet comer a# said Ci~~tkaw~lt~,t~gct aid Qi~ r in the reevgr~i~~# North line of o read ~ u~d~r ap'~d~ public ude '~pested oa t~n~er~ Road; . , 4 1 De Hess 52 Minutes ~1 Seconds West with the South, line of said Tact Two and with the e~i ' Thence North B9 g North line, a ~ distance of 50~D0 feet tb a 1 /2' capped iron rod set for the Southern So~heatt 'cQrr~er a~ , I~erein described tract; ' Thence North OQ DegreAa D5 Minutes 45 Seconds ~avt, a distance '1'9.x' ~f ~ ff'"tf +capped' ,iron r~ , set for corner, Thence North 59 Degr 5~ Minutes ~1 Seco~dv West, ~ a distance of 274 1 ~ feet ~ s~ 1 /2" capped rid sot in the Went line of acid 19,23 acre tract and the want lute of Bald 1 p,OD acro tra►~; , Thence North 0p 4egreea► Q,~ l~inutee 46 Seconds Est passing #ha narthweat corer o1 void ~ # Q~~ aGr~e tit 274,95 feet and Qonti~r~g a~ong~, void onurse for q Iota! diatdnae of 1120.~~ fast to a b ;ron gad , , found at the Northwest comer at said Trac# one; Thence S,crrth 89 Degr 1 ~ ~linurtee ~8 5econde pet with ~ li~►e of said Tract One, q dn~e ~ ~ 3~5~ 13 fbet to t~ I~IN~' pF B~GINt~1NG nth ctgi~irtg 14K ~ of 1and~ ~ GF#151490WD Page 4 of 4 Pages After recording return to Jennifer wafters laneoUS1141anneYatiansldavid eberhardt non-annexat~an agreement 10 ac,doc City Secretary 215 E. IVIc~».nney Denton, TX 76241 CHAPTER 212 TEXAS LOCAL G(]VERNMENT CGDE NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex, Local Gov't Code by and between the City of Denton, Texas the "City"} and David M. Eberhardt ~"Owners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 10.00 acres of land, more or less, situated in the J, McNeil Stewart Survey, Abstract No. 1154, Denton County, Texas, and being more fully described in that certain Warranty Deed with vendor's Lien dated June 25, 2004 from John Squire and wife, LeAnn Squire to David M. Eberhardt, filed for record on July 1, 2404 and recorded in Instrument Number 2044-57154 of the Real Property Records of Denton County, Texas, Said 10.40 acres of land, more or less, is commonly known as DC~4D Propet~ty ID 37475. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns far the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, ar E; and wHER.EAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.03 5 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212,172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43,035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; H IT 1  W s;lour ~aeumentslmiscellaneousllOlannexationsldavid eberhardt non-annexation agreement 10 ac.~oc NOw, THEREFaRE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows. Section 1. Continuation of ETJ Status, The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subj ect to this Agreement into parcels, each of which is at least 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 21 ~.172~b}, Section 3. Goyernin~Re ulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~1} Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan,1999-020, as amended, including but not limited to the ~RD-5} .Zoning District regulations, and standards 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 ar~d other approved 1Vlaster Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed, 1998 ~NCTCGG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting; a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; 2 s;lour dacumentslmiscellaneousll0lannexationsldavid e~erhardt non-annexation agreement la ac.doc d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Cade, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 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 ll~anagement Administration, as amended; and ~7} Gas Neil 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 Cade, and applicable administrative standards of the Texas Railroad Conunission and Texas Commission on Environmental Quality, as amended. Section 4, Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 3 s;lour dpcumentslmiscellanepusll0lannexatipnsldavid eberhardt non-annexatipn agreement 10 ac.doc permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 18o-day period during which the Development Plan is in effect. Section 5. A reement Deemed Void in Part Voluntar Annexation. ~A} If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of .land as may then exist, Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute, Section 6. Notice of Sale, Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee, A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, Tx 76201 Section 7. Recordin ,This Agreement is to run with the Property and be recorded in the real property retards, Denton County, Texas. Section S , S everability. Invalidation of any provision of this Agreement by j udgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect, Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. 4 s:lour documents`miscellaneousil4lannexationsldavid eiaerhardt non-annexation agreement 10 ac,doc Section 10. Chan eg 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 Z. 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 ~4. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this a reement as of - ~4~0. g Owners David M. Eberhardt THE CITY OF DENTON, TEXAS By: City Manag r, Deputy City Manager, or Designated Representative THE STATE CF TEXAS ~ COUNTY OF DENTON } This instrument was acknowledged before me on the day of ~ , Zo 10, by David M, Eberhardt. Y AG ,~fn N°t~~y p~~+~~ State of r~ Nota Public State of Texas ~PK MY CO~I~4f~N ~~~IRE _N ry , ~ X813 5 s,lour documentslmisce(Ianeousllplannexationsldavid e~erhardt non-annexation agreement lp ac.doc THE STATE OF TEXAS } COUNTY OF DENTON } This instru nt was a knowledged before ~n the r day o ,24~C~ , b Y City Managed eputy City Manag rlDesignated Representat' , on behal f the City of Denton, Tex , A,t~~hp~ Y Al~~~~~~r ~ wa~t~~s N Pub~~c tate of Texas w ~;F ~ Notary ~uk~lic, ~tat~ ~f `~~xas , My ~~►~~l~alon ~~~ir~s APPROVED AS TO LEGAL FORM; .n~,K~ AN~TA SURGES CITY-~ATT~~R~EY ..~u~~ r f~ ~~tl ~m. i 6 After recording returtl to Jennifer Walters City Secretary 2 5 E. McKinney Denton, T~ 762D 1 C~IAPTER 21Z TExAS L[~CAL GGVERNMENT Cf3DE NGN~ANNExAT~t]N AGREEMENT This Agreement is entered into pursuant to Section ~ 12. ~ 72 Tex, Local Gov't Code by and between the City of Denton, Texas the "City"} and ~z~ . ~c~~ ~ j~ ~ ~"Owners"}, the property owners of the hereinafter described ~~t . . property the "Property"} in Denton County, Texas, sometimes ~nd~v~dually or collectively referred to as "Party" or "Parties": ~ d ~ 1~~~ n ~ ~ That property described in a deed to which is recorded at vol. ~ page ~ of the Deed Records of Denton County, Texas, and commonly known as Tax Parcel No, ~ `l~ ,which is attached hereto as Exhibit A, consisting of approximately acres of land, ~ WHEREAS, the City has given notice of its intent to institute annexation proceedings far the Property in accordance with Tex, Lac. 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 tlaeir 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 du~~ing the term of this Agreement; and 'L~HEREAS, Tex. Loc. Gov't Code section 43.D35 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section ~ 12.172 for purposes of retaining land in the municipality's- ETJ in exchange fo~• the property owner's covenant not to develop the property and to authorize floe mu~aicipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, floe Parties are desirous of entering into an agreement authorized under Tex. Lac. Gov't Code section 43.435; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, inconsideration of tl~e mutual covenants contained herein, the Parties hereto agree as follows: ~~~~~T 1  I 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 A eement, as hereinafter defined, and any subsequent renewals as may be agreed , , u on by the Parties, subject, however, to the prov~s~ons of th~s~Agreement. p ection 2. Devela ment Plan. The Droners covenant and agree that use of the S Pra ert for the term of this Agreement and any extensions agreed to by the Parties shall p Y be limited to farm-related and ranch~related uses and customary accessory uses, and sin le-famil detached farm or ranch dwellings, provided that no single-family dwelling g y ma be located or constructed on a lot smaller than five ~5} acres. The property owner y ma a 1 to the Cit for division of the land subj ect to this Agreement into parcels, each y pp y y of which is at least five ij`/5 acres in size, for the purposes set forth ~n this section without 1 . . f bein in violation of this Agreement, Such uses and act~v~t~es constitute the development g 12 lan for the Pra ert in satisfaction of Tex. Loc. Cov't Code section 212, 7 fib} p p Y Section 3. Covernin Re ulations. The following City regulations shall apply to an develo ment of the Pra erty, as nay be amended from time to time, provided that y P p the a lication of such re lotions does not result in interference with the use of the land pp ~ for a ricultural wildlife management or forestry purposes and does not prevent the g 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 ~o~~in standards contained in the Denton Develop~.ent Cade g "DDC" , as amended pursuant to The Denton Plan, 19992420, as / f . amended, including but not limited to the ~RD~5} Zoning D~str~ct regulations, and standards incorporated therein 2 The subdivision and development regulations contained within the 1 . Denton Develo meat Code, as a~aended, together with applicable f . / Desi Criteria Manuals ~includ~ng construction, drainage, site design, ~ 1 and solid waste, transportation, tree protect~an standards, waterlwastewater}, Denton Mobility Plan and other approved Master Plains of the .City of Denton, Texas, and the North Central Texas _ _ ...........Council of -.~avernrnent~ Standard.... Speciftcations for.. Public..-works tion North Central Texas, 3rd Ed. 1998 ~NCTCDG Manual; Construe , nton buildin codes as contained within Denton Code Chapters 17, ~3} De g 2~ and 29, and DDC Subchapter 24, adopting: a, International Building Code, 2406 Edition with local amendments; b. International Residential Code, 2406 Edition with Appendix C and local amendments; c. The International Fire Code, 2406 Edition with local amendments; d. International Plumbing Code, 2D06 Edition with local amendments; 2 r e. International Fuel Gas Code, 2x06 Edition with local amendments; f. International Mechanical Cade, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j , National Electric Safety Code, 2043 Edition, with regional amendments; k. Minimum housing and building standards, Denton Cade § §28-3 83 437 and § § 17-141 - 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28441- 457; and. m. Moving Buildings, Denton Code §§28326' 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater con~~ection, 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 Cade, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Enviro~un.ental 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 re uirements of the Texas water Code, as amended, Texas Natural q Resources Code, as amended, applicable admm~strative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Nlanage~ment 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 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 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 184 calendar days thereafter, ar 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 ma.ght otherwise arise under local or state law, or by common law, firom the submittal of such inconsistent development application. The Dwners furdaer agree that no use commenced ar completed an the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 184-day period during which the Development Plan is in effect. Section 5. A Bement Deemed ~Ioid in Part• voluntar Annexation. ~A~ zf an Owner ftles 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. Thereafter the City may initiate annexation of the Property pursuant to Tex, Lac. Gov't Code subchapter C~1, or other such other provisions governing voluntary annexation of land as may then exist. owners expressly and irrevocably consent to annexation of the Property under such circumstances. Dwners further agree that such annexation by, the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Lac. Gov't Code section 43.452, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Pro err shall, prior to such sale or conveyance, give 34 days written notice of this p . A Bement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: _ _ _ _ _ - _ _ City-of Dentin,-Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, T~ 76241 Section 7. Recardin .This Agreement is to run with the property and be recorded in the real property records, Denton County, Texas. Section 8. Severabili~ .Invalidation of any provision of this Agreement by 'ud ent or court order shall not invalidate any of the remaining provisions which shall ~ ~ remain in full force and effect. 4 Section 9. Remedies. This Agreement maybe enforced by either owner or the Cit b an roceedin at law or in equity. Failure to do so shall not be deemed a waiver y y Yp ~ to enforce the provisions of this Agreement therea~er. Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. ~ . °'.5 ~'k:k. 4 Ia f✓y, y ~ x.. ectlan 1 Q. Chan e ~n Law. No subse uent c ; ~e _ la ~~ard~ng S g„ q ~ t v . ~ u ~ ' the enfarceabilit of this A eement h~ 4 M;~ ~s ~~i~~~~t` annex annexation shall affect y 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 N.lulti le Co ies. This Agreement nay 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 eriod of five ~5} years from the Effective Date the "Term"}. Thy Eff~o~~ver Date, ~f~~~ p , ,f, f~ A eement shall be the date the Agreement is executed by the C ~y Tie Term ~y` ~e extended upon mutual agreement of the Parties. ~ - ~ w. 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 o ~ owners ~ ~ TAE CITY ~F DENTQN, TEAS Byi City ana er, Deputy City I1~anager, or Designated Representative THE STATE QF TExAS } . C~~CJNTY QF DENT4N ~ 5 This instrument was acknowled ed befare me on the ~ da of ~.c~ , g 20 f ~~by ~Y~r~~ i 5 Notary Pub ic, State of Texas TAE STATE ~F TEXAS ~ COUNTY ~F DENTCN ~ This instrument was acknowledged before me on the day o 20~, by ~ ~ r ~a ~ Notary Public, State of THE STATE 4F TEXAS ~ COUNTY OF DENTIN ~ This instrument was ackno 1 dged befor me on t e da~~ ,2D by Cit ana e e uty City ManagerlDesignated epresentativ on behalf of the City of Denton, g p w~~~r¢~p~$E'~r, ~T;IYiY~~~G~ YY~~~Gf~~ , ~ Nbt~i`y ~u~1~c, ~t~t~ of Texas My ~~mml~af~r~ x~lr~~ ~ ~ ~ ataxy P ~c, State of Texas APP~~~IED AS TG LECrA~ FQRt~I: _ _ ANNA EC~R.GE~S C~TY~~~ATTG EY - .-'rim r f~,,.. ' r y .+.~y ~la+ ~ V r r 'a r. 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' • , ~ , • i It i , t~ir~ ~x9 magus, 'a~~En~t c~r~~, ~ ►rha~uc~vc~' lar~afull~r~ ~~r~Ing~ •oc t~ ~ ~ ~ a~ac, or ter ~n - • ibcrxol, ~ r ~ ; • • , 11'itzx;~s ~Ur h~tui 5 at. ~~11~~n, T~KdS ~ u ~ r: ~ FAbru~ry ~4: ~ ~~'itn~~ at Ra~ue~t Q~ Grantor: ~ ~ ~ . ~ . ......................,.+.~+r,.+,,,,...,+,..,, ~ • e••••,',~•srr•.i~l~~.rYi ++t, ri~+ . yYy +F~r )!MH!~+►.! riH}y1Mw*ri~~MW.~tW♦Mr+rA1+~ asv ~•r~r.1~~+• { ~ ~arbar~ Mc~unr~ell ~,I 's'{~ i ;Alt J~ + .~,I 1 ~ Y1 !•ia'ri K~ `,}1 r.:rM iii►~:i+..a....•...r.~.+.4.*w..r • ~,j. i ' ~n ~~1n ~Y+~i►~~~Mi r~~siar++rl,1+iY~#~f~rl'i'r Ertl ~~~/Y ~iY~f11w1 i1 ~45454hF•f~.{ti ra,lyr./a1•~Tbl•ln+•.,~~+I ~a , • ~ 1. r. i • ~ ' • E • • i h ~ Lla ,~1■ Y■ ~nrrw•t•.. • • . ~lrwn..•w1wAM MCN«.T'r"..~. 11 , i ,M•+M~AW~Hgw• •~•.1^M .~•rn •IwJ.Yfl•Y+~ .F.. Mr y~• rF`r« IN Y 1r Y ^iWW~.•1.•~I~MrwMI~.~MISMwMMW wr.Fw/V+w+lw~w• ti I ~~b~~ q?' ~ •r :1 1}1145+.5 .~.e T I d sl v - f_1),y -'!t~~.~ ~ '~}.ii, {.e.,: pit i I i r. c . 74~' ~.rr ,~;'te/Fa i:,~.ifl Si.r R.~ TS,c►M. "I.~i~7 ~r~ ° ~i~ A6~,. ~ fJ. •J r +a ~.•y~.y~~yyyyl~~~~~ y: y a r n S ; ~'+r' ~ r~,x r~ - f r i .t ~ r ' vrn►y~ L~'MMA4!Hf~ ~ ~'I."V 1 y~+ a ri As~" +r ~ t r tra 5~ d~ ~ f4 'D ~ t r l'~ ~ . ~ r. r. z•:~':.•c+ f~`+' ~~r1z' + r S :l:'~~ri~~.a} •#1~ r~~}~,,r{1'~'~:;~~',~r rf5r'~ r ....h ' S~r.•F r:.p~ !i. .r ~ s F$r•;~Y. .tr' t~ p5~ ~ »f yir a4}` ti.rf.''-[ ""TF''.,~, ! ` (~;{'?r k~l~~gr r+~7►~u• ■Ar ~rl}~}.pe~.rrlw-~~,ra p~16 .f a' r 4~4 ~ 41 : ,r1•~~ • A~~~< V~ Yf r 14 H~ ~~~~.w ~.{+w1AyrIA~ ~1►rMw ~ ~ r ~a ! + ...r• F,...•r.r..•F ?f ~ `l:~r*m'r/ip+~1Nr y, r!'1~~, ~ ~ ;!i •l' ,x! ~}rJ ~ 1t '~t° SS.i~ r i ^ •x :~:~~s~l: li ,'~,t •:~,••e~~ 5 ~ t)4. l; +r ' •l~~.~:•"F~v s~n '•f ~ si +I r ~ it-• + 'o. E1 .r ",:y j~ t~f Z.~pi :~,.lf 4i•'~'~~1;• "y~t~~T~ L ~ '~~rrT l.`, 1, ti ''SR I i ' t~ t+! r~p~ ~~t~r =Sw~~.1~rl=jiT.} s:I. ti{~j(!yyS`~ •~Ct''' '~i•~ I ~1 ~ ti4 r~~~ . .ri'. L + s:~F~y ~ t l F~ ViI , 1• ~ ~ f !,71i~ ;9i14 ~~iI~iL~i~ll ~ .t;l•1i 1~~rre~~,J,r,, ++~~i ~A4 4'• 5~nj'.~k~ d t~,R~'~~l ,~r~~]v' f ! r 4•rM.wrrn r ~ i r' .,i+ a uF n ~ r ~ .M .T~rS , d ' t +~y., w ~ ~ 4i? ~ r r:F' h k ~ +r A .Yl, I• " r ::S S, , ' I Y'T ~ . l 1. Ir . rf ! ~ + r. ,r I +15t. I1r r ~l+. r ~ y~~ iii 5';. y 'j + ti l ~ . 1 e 1 After recording return tc~ : Jen~aifer Walters City Secretary 215 E.1VIcI~inney Denton, T~ 76201 CHAPTER 212 TEAS 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 Dean Donald Konz and Tammy Lee I~onz ~"Owners"}, the prope~•ty owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties"; Being Lot 1, Black A, Nlilam Creek Ranch, Phase I, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 284, of the Plat Reco~•ds of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed with Vendor's Lien dated March 7, 2002 f~•om William NI. Jefferys and wife, Suzy Jeffreys to Dean Donald I~.onz and wife, Tammy Lee I~.onz, #"iled for record on March 14, 2002 and recorded in Volume 5043, Page 1224 of tl~e Real Property Records of Denton County, Texas, Said Lot 1, Block A, Milam Creek Ranch, Phase I, is commonly known as DC~4D P~^operty ID ~0.1883~5, 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 ~•emain in the City's extraterritorial jurisdiction ~"ETJ"} for tl~e terns of this Agreement; WHEREAS, Owners and the City acl~nowledge that this Agreement between them is binding upon the City and tl~e Owners and their respective successors and assigns for the term n_ the Agreement; WHEREAS, the Denton County Appraisal District ~•ecords show that the Property currently is appraised for ad valorem tax purposes as land for agricultu~•al or wildlife n~anageznent use, or timber land pursuant to Tex, Tax Code chapter 23.C, D, or E; and WHEREAS, Ow:NERS represent that it is thei~• intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc, Gov't Code section 43.035 authaxizes 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 develapn~e~~~:t x•egulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Te~~., Loc. Gov't Code section 43,035; and WHEREAS, this Ag~•eement is to be recorded in the Real Property Records of Denton Colillty, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: H~~~T C C fE1 ~ ~ Section 1, Continuation of ETJ Status, The City guarantees the continuation of the extraterritorial status of the P~•operty and ag~•ees not to arll~ex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, howevez•, to the provisions of this Agreement, Section 2, Develo meat Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm~related and ranch~related uses and customary accessary uses, and singlewfamily detached farm or ranch dwellings, provided that no single~family dwelling maybe located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subject to this Agreement into pa~•cels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for tl~e Property in satisfaction of Tex, Loc, Gov't Code section 212,172~b}, Section 3, Goye~nin 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 ag~•icultural, wildlife management or forestry purposes and does not prevent the continuation of a. use established prior to the effective date of this Ag~•eement and which remains lawful at the time the Agreement is executed; . ~1} Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan,1999~2020, as amended, including but not limited to the ~RD~5} Zoning District regulations, and standards inco~•porated therein (2} The subdivision and development ~•egulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, d~•ainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public worl~s Construction, North Central Texas, 3rd Ed,1998 ~NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a, hnternational Building Code, 2006 Edition with local amendments; b, International Residential Code, 2006 Edition with Appendix G and local amendments; c. Tl~e International Fire Cade, 2006 Edition with local amendments; d, I~1te~~~ational Plumbing Code, 2006 Edition with local amendments; e, I~lternational Fuel Gas Code, 2006 Edition with local amendrents; f, International Mechanical Code, 2006 Edition with local amendments 2 g, Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. IIIteI~Iational Energy Conservation Code, 20ob Edition with regional amendments; i, National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; l~, 1Vlinimum housing and building standards, Dentan Code ~ §28-3 83 437 and ~~17-141--- 210, as amended and as applicable; 1, 1rI•igation Standards, Denton Code §§ZS-441- 457; and m. Moving Buildings, Denton Code ~ §28-32b - 375; ~4} Sign regulations, as contail~ed within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, captained within Chapter 26 of the Dentan Code of Ordinances, as amended, and Subchapters 1 b 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; (b} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Cade, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of tl~e Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Adlninistratian, as amended; and ~7} Gas well platting, drilling and production standards, as contained in ~35.1b.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Cammission and Texas Commission on Envirol~Inental Quality, as amended, Section 4. Develo Inept Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 1 S0 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs, The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan, The Owners expressly waive any vested rights that might otherwise arise ulldel• local oI• 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 3 is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 1 S0-day period during which the Development Plan is in effect. Section 5. A reement Deemed Vaid i11 Part Voluntar Annexation, ~A} If an Gwner files any application or plan of development for or otherwise commences development of any poztio11 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 il~itiate annexation of the Property pursuant to Tex, Loc, Gov't Code subchapter C-1, or other such other provlslolls governing voluntary annexation of land as lnay then exist, Gwnel's expressly and irrevocably consent to annexation of the Property under' such circumstances, owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requll'ements and procedures for an annexation plan, as required by Tex, Loc, Gov't Code section 43,052, or successor statute. Section 6. Notice of Sale, Any person who sells 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 Pla11ni11g and Development 221 N. Elln Stl'eet Denton, T~ 76201 Section 7. Recordin .This Agreement is to 11111 with the Property and be recorded in the real pl'operty records, Denton County, Texas, Section S. Seyel'ability, Invalidation of any provision of this Agreement by judgment or cotll~t older s11a11 not invalidate any of the remaining provisions which shall remain in full force and effect, Section 9, Remedies, This Agreement maybe enforced by either Gwner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Gwner waives no rights as to matters not addressed in this Agreement, Section 10, Chan e in Law, No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered. herein pursuant to Section 4. Section 11, Venue, Venue for this Agreement shall be in Denton County, Texas, EX~Cl1t1011 111 MU, Section 12, lti,ple Copies, This Agreement maybe separately executed i11 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 ~tl1e "Teem."}. The Effective Date of the Agreement 4 shall be the date the Agreement is executed by the City, The Term may be extended upon mutual agreement of the Parties, Section I4. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as maybe necessary far the implementation of those sections, The Parties hereto have executed this agreement as of , X010. ~wne ~ .b " Dean onald Konz Tammy L ~.onz THE CITY OF DENTON, TEXAS ~y~ City anager, Deputy City Manager, or Designated Representative THE STATE ~F TEXAS } COUNTY OF DENTIN } This instrument was acknowledged befog e me on the day of , 2~ 1 by Dean Donald Konz. - ~ r ~ ~ ota~y Public, State of Tex 5 THE STATE OF TEXAS } COUNTY OF DENTON ~ ~ This inst~~uznent was acl~t~owledged before nee on the day of ar ~ , Zo 10, by Tanuny Lee Konz, Notary Public, Stat ~ of T xas THE STATE OF TEXAS } COUNTY OF DENTON ~ This inst~-u ~'nt was acl ow d ed before ~x~~e~~ n the ~ day o ,2 b y City Manager Deputy City Manage ,CDesignated Representati on behalf of e City of Denton, Texas. r r ~y1111i11~~~~ AI ~q"'""^.~~,,~.,1.~A,,{,,,ram„ p p~YAp ~~IV~If"~I~ VYI'1i.1~~~7 p ~ NQt~ry ~u~lic, ~t~tn of rex~s ~,+~~a ~y ~~mml~~ian ~~plr~s N t ry Pllbl , Sate of Texas x`'11 N 1 { 1~~~.. APPROVED AS TO LEGAL FORM; ANITA BURG~SS;..C~'TYM~A.'TTQ~tNE'Y ~,.i:..• w. ~ B~-~ W.. ~ 6 After recording return to: Jennifer Walters City Secretary I1aneous\10\annexations\johnnie & marie landers.doc 215 E. McKinney Denton. TX 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and4elttmie /Marie Landers ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 3.706 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Warranty Deed dated August 8, 1967 from Thurston A. Webb to Johnnie H. Landers, filed for record on August 14, 1967 and recorded in Volume 554, Page 650 of the Real Property Records of Denton County, Texas. Said 3.706 acres of land, more or less, is commonly known as DCAD Property ID No. 37449. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; 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: EXHIBIT C 1 0 0 • V 2 W , 0 s:lou~• doc~m~i~tslmiscella~~eausll OIan~lexatioi~sljol~nuie & marie lande~•s.dac 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 fol• the term of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to the provisions of this Agreement, Section 2. Development Plan, The owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached far~rn or ranch dwellings, provided that no single-family dwelling maybe located or constructed on a lot smaller than five (5~ acres. The property owner may apply to the City 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 ulatzons., 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 regulatiol~s 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 ~illcluding Collstl`UCt14n, drainage, site design, solid waste, transpor-tatiolr, tree protection standards, and waterlwastewater~, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed.199S ~NCTC~G Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 2S and 29, and DDC Subchapter 24, adopting; a. Il~ternational Buildin Code .2006 Edition with local amendments• g b, International Residential Code, 2006 Edition with Appendix G and local amendments; c, The International Fire Code, 2006 Edition with local amendments; d, Inter~rational Plumbing Code, 2006 Edition with local amendments; s:IplEr dpcum~ntsl~niscellanepusll~lannexatip~~sljphnnie & marie lat~de~~s,dac e, International Fuel Gas Code, 2006 Edition with local amendments; f, Inten~ational Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; la. h~ternational Energy Conservation Code, 2006 Edition with reg~ona amen meats; i, National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; lf, 1Vlinimum housing and building standards, Denton Code §~2S-3S3 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 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation z•equirements, 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 Enviro~a~nental 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, d~•illing and production standards, as contained in X35.16.19 and subcl~apte~• 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. Developme~ltPlan_ to , Re~~ain in Effect, Following termination of this Agreement for any reason, the Development Plan set fo~•th in Section 2 shall remain in effect for a period of 1 SO calendar days thereaftex•, o~• until the effective date of the annexation and pel~nanent zoning of the Property, whicheve~• first occurs. The Pa~•ties covenant and agree that the City may deny any development application or plan of development that is submitted to the 3 s:lout• documet~tsln~iscellaneoi~sll0lant~exatianslja~~nnie & t~~at~ie lande~•s.dac City for the Prope~•ty during such period if such application o~• plan is inconsistent with the Development Plan, The Owners expressly waive any vested ~•ights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application, The 4wnezs fuztl~er agree that no use commenced or completed on the Property that is inconsiste~at with the develop~nent plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Developrent Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. ....W., ~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. Loc, Gov't Code subchapter C~1, or other such other provisions governing voluntary annexation of land as nay then exist, Gwners expressly and irrevocably consent to annexation of the Property under such circumstances, owners furthe~• agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43,052, or successor statute. Section 6. Notice of Sale, Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee, A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N, Elm Street Denton, Tx 76201 Section 7, Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas, Section 8, Sey__erabi~ity. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect, Section 9. Remedies. This Agreement nay be enforced by either owner or the City by any proceeding at law or in equity. Failure to da so shall not be deemed a waiver to enfo~•ce 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. C11an e in Law, Na 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. 4 sAour documents\miscellaneous\10\annexations\johnnie & mane landers.doc Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five (5) years from the Effective Date (the "Term"). The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 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. wners 1 ' r P~ L J Marie Landers THE CITY OF DENTON, TEXAS By: City Manager, Deputy City Manager, or Designated Representative THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the day of _ 20105 by Johnnie Landers. Notary Public, State of Texas 5 s;lour documentslmiscellaneousllOlanllexatio~~sljol~nnie & marie landers•dnc THE STATE OF TEXAS } COUNTY OF DENTIN ~ This instrument was acknowledged before me on the day of ~ ~ 2410, by Marie Landers. ?7 . z`<'~ ~ ~ . t"~Y A{, CHAI~Tl~~ A DICE , ~ ~ ~ ~ r 9r ► r Natarv ~tEhlic ~~tate of ~exai~ ~ MY t►(}~1MISS1(~N FXP1~~5 ti P of March 2, 2413 ' Notary Public, State of Texas 4 ~ THE STATE 4F TEXAS } COUNTY 4F DENTIN } This instrun ~t was acl ow d ed before ~"e on t e day o ,2o by ~ ~ ,City Manage Deputy City Manage (Designated Representativ , on behalf of e City of Denton, Tex 4e4l4~AYrA~~'h ~~NNIi~~R YYt4~l~i~~ ~ N ~ Publ~ take of Texas ~ Notary i~u~iio, tato of Toxas y ~ ' My ~nr~~~i~~l~l~ ~~~ires ~~~~1j~yll~~, ~~~~~~f I~~ U~td arm. APPR~~ED AS T~._LEGAL--FO ANITA BLT.~:CES S, CITY ATTAR EY r w.... ..a._ . ; Y After recording re~.~ril to: Je~u~ifer Walters ,ellaneousll~lannexationsldou~ & Jeanie meadamsnon-annexation agreement.doc City Secs°etary 215 E. NIcI~inney Denton, TX 7G201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NUN-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex. Local Gav't Code by and between the City of Denton, Texas the "City"} and Doug & Jeanne McAdams ~"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 Lot 13, Block A, of Milam Creek Ranch, Phase II, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet G, Slide 385 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain warranty Deed dated January 14, 2004 from Daniel F, Alvarez and Julie Alvarez to Doug McAdams and Jeanie McAdams, filed far record on January 28, 2004 and recorded in Instrument Number 200411596 of the Real Property Records of Denton County, Texas. Said Lot 13, Block A, Milam Creek Ranch, Phase II, is commonly known as DCAD ~'roperty ID ~o, 2~2bI3, 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, Cwners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} far the term of this Agreement; WHEREAS, owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised far ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43,035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212,172 for purposes of retaining land in the municipality's ETJ in exchange for the 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; lI~ 1  i~ ~ s;lour documentslmisceiIaneaus1101annexatiansldaug & Jeanie mcadams non-annexation a~reement,dac NOw, THEREFGRE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section l , Continuation of ETJ Status, The City guarantees the continuation of the 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 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 21 Z.172~b}. Section 3. Governing Regulations, The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed; ~l}Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan,1999~2D~D, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed.199S ~NCTCGG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, ~8 and 29, and DDC Subchapter 24, adopting; a, International Building Code, ZDDG Edition with local amendments; b, International Residential Code, 2D06 Edition with Appendix G and local amendments; c. The International Fire Code, ZDD6 Edition with local amendments; 2 s:lour documentslmisceLlaneousll Olannexationsldoug & Jeanie mcadamsnon-annexation agreement.doc d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of 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 §§28353 43 7 and § § 17-141-- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code § §28441- 457; and m, Moving Buildings, Denton Code §§25-326 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on~site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, as contained in §35,16,19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect., Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 3 s;lour documentslmiscellaneousl~0lar~nexatiansldau~ & Jeanie mcadams nan-armexa~ion agreement,~ac permanent zoning of the Property, whichever first occurs, The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan, The owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect, Section 5. A reement Deemed Void in Part Valuntar Annexation. ~A~ If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-l, or other such other provisions governing voluntary annexation of land as may then exist. Gwners expressly and irrevocably consent to annexation of the Property under such circumstances. Gwners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 3 D days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the fallowing address; City of Denton, Texas ATTN; Director of Planning and Development 221 N. Elm Street Denton, Tx 762aI Section 7. Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Seyerabilit~. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect, Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. 4 s:lour documentslmiscellaneous`101annexationsldoug & Jeanie mcadamsnon-annexation agreement,doc Section 10. Chan e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 1 ~ . Venue, Venue for this Agreement shall be in Denton County, Texas, Section 12. Execution in Multiple,,, Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument, Section 13. Term and Extension, The initial term of this Agreement shall be for a period of five ~5~ years from the Effective Date the "Term"}. The Effective Date of the Agreement shall be the date the Agreement is executed by the City, The Term may be extended upon mutual agreement of the Parties, Section 14, Survival of Covenants, The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections, The Parties hereto have executed this a reemen f ~ ~ ~ 2010. g awn s Doug NIc dams Jea erMcAdams ~,,►4~IIff,~. KIMBERLY PLACE ~~Y r'' ~ MY coMMisstoN ~xP~R~s THE CITY OF DENTIN, TEAS ~ ~ December ~5, +i~?,~~ if ~~~~,r 1f~ 11 f 111 ~ By; ~ ~ ~ City Manager, Deputy City Manager, or ~ Designated Representative - 5 s;lour documentslmiscellaneous1l41annexationsldoug & Jeanie mcadamsnon-annexation agreement,dac ~tillllryl~ ~ MY CoMM~SSION ~XP~~ES ~~'E ~ fy~~, ~ THE STATE of TEXAS } I. 11~111~ COUNTY aF DENTON ~ ~ This Instrument was acknowledged before me on the ~ day of ~ f ru ~ , 2010, by Doug McAdams, l~ Notary Public, State of Te as 1 11p11 ,41~n'4~~ i ~I,~+~r, KfMB~A~.Y R, P~AC~ THE STATE of TEXAS } ; * MY coMMlSSIoN EXP~~~~ COUNTY of DENTON } This instrument was acknowled ed before me on the ~ da of ~ ~ ~ Y , ,-a 2010, by Jeanie McAdams, d Notary Public, State o exas THE STATE OF TEXAS } COUNTY of DENTON } This instrum , t was ac owledged before m e day o ,20 y ,City Manag rlDeputy City Manag (Designated Re resentati , on behalf o the City of Denton, Texas. 'II ~y5~1111f1 ~ f b`~4►~~Yp~~~~~ J~NNI~~i~ w~~r~l~~ N ~ Pub~~ , fate of Texas b t N~t~ry i~~~lic; t~t~ T~~~~ y r ~ N~g~ ~~~~i~~~pt~ ~~ir~~ r~~~rypj t`~~~ ~~1~~~t~~r I ~t Ili APPROVED AS TO ~E~GAL.~ERM: ANITA BUR~ESSs~C~TY ATTORN` Y ~d~ d~ 6 After recording return to: Jennifer wafters City Secretary ~ ~ 5 E. Mc~~inney Denton, T~ 76201 CHAPTER 212 TExAS I~QCAL G4vERNMENT C~]DE NQN~ANNEXATIGN AGREEMENT This Agreement is entered into pursuant to Section 2~2.17~ Tex. Local Gov't Code by and between the City of Denton, Texas the "City'} and ~ ~ ~ ers" ,the ro ert owners of the hereina~er described ~ p p Y property the "Property"} in Denton County, Texas, sometimes individuall or Y collectively referred to as "Party" or "Parties": That ro ert described in a deed to ~ ~ . ~ ~ ~ which is recorde p p Y ~ d at vol. j~ page of the Deed Records of Denton County, Texas, and commonly l~nown as Tax Parcel No D ~ , which is attached hereto as Exhibit A, consisting of approximately ~ acres of land, WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc, Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extratexTi.torial 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 ghat it is their intention not to develop the Property during the term of this Agreement; and wEEREAS, Tex, Loc. Gov't Cade section 43,035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 2~2,i7~ 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 WI~EREAS, 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 Parties hereto agree as follows, ~1IT 1 d  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 hereina#~er defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to the provisions of this Agreement, Section 2, Develo ment Plan. The Owners covenant and agree that use of the Properly for the term of this Agreement and any extensions agreed to by the Parties shall be Iirnited to farm~related and ranchwrelated uses and customary accessory uses, and single~family detached farm or ranch dwellings, provided that no single~family dwelling maybe located or constructed on a lot smaller than five ~5} acres, ~'he property owner nay 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 Z12.172~b}, Section 3. Governin Re lations. The following City regulations shall apply to any development of the Property, as maybe amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~1} Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, 19992020, as amended, including but not limited to the ~RDwS} 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, - - ~olid~waste; transportation, tree protect~o~ s~an~ards, 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 ~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; 2 e, International Fuel Gas Code, 2006 Edition with local amendments; f. Intennational Mechanical Code, 200b Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 200b 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 § §283 83 -437 and ~ ~ 17~ 14 ~ 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28w441-- 457; and m. Moving Buildings, Denton Code ~§28-32b 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 Zb of the Denton Code of Ordinances, as amended, and Subchapters 1 b and 21 of the DDC, as amended, the Denton water and ~Tastewater 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; fib} 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} Cras well platting, drilling and production standards, as contained in §35.1 x,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 meat Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 1 SO calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Properly, 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 Praperty during such period if such application or plan is inconsistent with the Development Plan, The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from. the submittal of such inconsistent development application, The owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 1 SOwday period during which the Development Plan is in effect, Section 5. Agreement Deemed void in Part; voluntary, Annexation.,, ~A} If an owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc, Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. owners expressly and irrevocably consent to annexation of the Property under such circumstances, owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale, Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 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 is to run with the Property and be recorded in the real property records, Denton County, Texas. Section S. Seyerability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect, 4 r Sectian Remedies, This Agreement maybe enforced by either Owner or the City by any proceeding at law or in equity, Failure to da so shall not be deemed a waiver to enforce the provisions of this Agreement therea~er, Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10, Change in Law, No ~ subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13, Term and Extension, The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"}, The Effective Date of the Agreement shall be the date the Agreement is executed by the City, The Term maybe extended upon mutual agreement of the Parties, Section 14, Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions; as .may be necessary for the implementation of those sections. The Parties hereto have executed this a Bement as of Qwners ~l THE CITY QF DENTON, TEXAS By' City Manager, Deputy City Manager, or Designated Representative THE STATE ~F TEXAS ~ COUNTY OF DENTIN } 5 This instrument was acknowledged before me on the day o~ ~ - 20~by ~ , C Notary Public, State of Texas THE STATE OF TEAS } COUNTY OF DENTUN } This instrument was acknowledged before me on the day of , 20 , by Notary Public, State of Texas THE STATE ~F TE~.AS } COUNTY OF DENT®N } This instrument was ackno dged before she on th . day of ~~1~ by ~~i. Ma aag eputy City ManagerlDesignated presentative, on behal of the City of De t~ , Texa X1111114 ~~~aq~~Y~~~,~~+~ ~~~~N~F~' K. WALT~f~S Net~ry i ~~~II~, ~ta~Q n~ Texas ~ a~~~~~ My ~~~~res tary Pub 1 , State of Texas APPR~~ED AS- T~-~-LEGAL ANIT.~~B~TR GES S CITY ATTORNEY ~p - f,, 6 ~J.II5/2910 .4.35 FAY 4?~ 394 fi313 MEDICAL RECORDS ~ oos ~ ~ i Sec~vn. ~,emedies. This Agreement znay be eaaforc ~y ~tber C3wner ox the ` ~i b ~ rae~ at haw or in equity. F~iluxe to da so shal~not ~ ~ deemed a r~aiver tY ~ Y p ~ to e~~tae the ~~avi.sxans of this Ag~eane~t therea~er. ~~~y" ~a~~ ~ "s ~g~`eement by w awes na n~~ ~ to matters nat addressed ~ this A~ree~ae~t~ i ,i I Seetian lp. khan ~ in Law, No ~~sabse~uent cha~g~ in tthe 1~w ~egar~lang , aune~a~ion shau affect the euf~reeab~lity of this Anent ar th~ Ci ah~l~ty to a~nox the P e~e5 covered he~'ev~ p~uant to Section 4" Sectio~a ~ ~Icn~e for this Agr~ment shah b~ ir,;~e~~on ~nuny, Texxas. ~ ~1~~ ~a xes. T~.~► A ee~aen~ separately . 5eotaon ~ ~ executed i~ tndav~dual c~unterpa~ts and, urn execu~.a~ shall ~~~te one acad sine instrument. Section x 3. Tema ad ~xt~ensian The ~i~~. term of this Afire ent s'h~ he for a erzod of five ~ ears frame the ~ffec~ve I~ ate {the `~'e~n'"~. '~he ~ eetiva Date Qf the p ~ A~'ement shah. be the date the Agreement executed by the qty. ~ The Turn may be exte~e~ upon m~.tual a.greemegt of the Parties, ` ~ecttion ~4~ ~urviva~ of covenants. The caveaants ini See ans aid ~ shill survi`ea t~tl~n of than A~reeam~tit, together nth any vthe~ loyal 'clans, as .may , be nece~saty for the implementation of those sections, The Paztie~ h~ereta have executed this a,~ree~.ent as of [~Wners t { ~ i T~ ~f~ DF ~ ~Nr'~~AS ~l~ ~Sana~er, I~epu ~fiy i~a~ga, or I~esl~nated ~~p~~ ati~e T.CiF STATE T~~AS ~ ~QtTNT~ 0~ DENfi~~t ~ . . t 9•~ o~s~.~~~a~s wolN~a ~a ~l~a ~~~~x a~a~ 5~ ~~r ~ll~.a1201~ 14:3 FA~1 47g 39~ 631 ~ED~CAL RECORDS ~ Od7 f ~ E 1 ~ ~ ~ wl~d ed b~for~ me on tae ~Y ° ant ~+a~ aG ~ ~ I ~ 4 ~MI~~ ~a~ " ~ of ~xa~ ~ ~~tary P~,~bi~c, S ~ 'THE ~T~.T`~ CAF TF~S } ~O~N~"~' ~]F ~ENT~N ~ ' ent ~v~ a~~~wledg~d ~~fcn~ m~ an ~ . f of '1'h~s ~st~ r . N©#~y Public, ~ of ~a~ ' , t t~N~'Y ~F D~'~N ~ ~ . ' cn~ ~s a~~nowled~d befox~ ~e are ~ day ,af ~ by res~at~~.ve on l~eb 0~ ~~t~ of ~eri~on, Mar~a~exl~epu~y G~~ ~~rl~e~t~nated lip ~ ~ T~X~S r i ] f t 1 Nata~ry Public, ~f'Tcx~s ~ ~ AP~~~VET~ A~ ~a L~~AL F~ ~'A ~iJI~GESS~ ~IT~ .~'I"r'~~"~ ,1 ~ W . 4 E • i i r~r r r x ~ 0~0~ 5~ ~eC ~ n-7n ~ ~nc~C1LC ~ ~3u .a~ ~l T ~ E~ibit A to Development Agreement (Legal Description of Property) "''q~' h rrF+~ir . Jai r _ . ~ ~ ~ ~ Aw.r..~w,A...~.ry` 1 ~ ~ ~ ~ ~ A.ra~-.w~~nr arcs-.w+~ v~~r~ ` ' ~ ~ ~#,AR~~lC ar~rrarcrRY Co.. Dd4~ ~ ~A ~ . l T~i V~ I j~ i ~ ~ c~ovr~r u~..~.~,~,~,~~ Ka~~w All den $ These ~r~e ; , Y rats. s I u~~~ ~ECaRa~ ~ ~ ~ • r ~ ~ , ~ xhat ~'e, J4NN PQgTE~ end Yif e ~ ?iAltcAN~T ' PQRTg~ ~ f =E ~ ~ ~ ~ i n#tbcCs,~tyo# 5acraroenta ~ ` ,5takeo# Gati.fatnia [sr and iq corufdrratiah a! ~ ' the sua~ of . . ..~_........,.....~_..~r~N AHD NG1100 irrr_~w~w+Mr~► i V 1 ilU wwr aAd other 8aad and valuable consido~ratia j....~,..... ,~,..~a~._....~.~.~i.[,ARS, , ~ ~ n~ ~ tQ u e paid, sad ~r~ to paid, by Sfi Y LL X A ~f M ~ M SA it ! MSANEY~ the receipt of which is he EY and veils, JANE X~ ~ ~ further conside rcby fu11y ac~cnauled ration of the sxecutiani dslivery and aeree~re~ and the by the Grantees herein a~ their one certain t to pay veadar's Ilan nat~ la the principal amount ofraroiaaarY installment even date here'~ith beariri8 intense ~11U~080}Q0~ dated a~ ~ annum, executed by the Grantees hereinom date at the Pats of !2~ per r Margaret Parter~ or orderF in Monthly instable to Jahn porter and ui.fe, which includes both principa#. and intercn lment8 of 5~,8~1,9o sac h~ t, the first installme due and uayab~,+~ an or befvte the 1 hh da of nt bei~tg iaatallmant being due and a ~ ~ecamber.1981,and a l~.ke , ~ ' ~ succeeding month thereafterr untie an ar before tics first day of each ie l Che vhole principal sum and interest paidip fullf And said Hate con#ainiug the usual ~ ~ maturitY~ defaut~ and accelerati y~ ~ reasonable attdrne s fee clauses and being ~ ~ .secured by s vet~dar's lien aeon the hereinaf Car deal and ag additional and cumulative sacurit lac t xibed uraperty~ ~ bead of Trust ie this d,s Y he payment of said rev ~ benefit of the holder of saidin~,tetq Anyce. Colematt~ Truatee~ fot thete~ ' ~ ' Seller xeserveg ' ' ~ canto themaelves~ their haixe, executors and seal ' , ~ X11 tni~n~aral and royalty interest save and ntexe$t ~rhic~ is conveyed har~in, sxcept a 1/64th rayaltyns f i ; ~ ' have Graatcd, aa~d and C;m~rey~, ~ ~y ~ese pres~nt~ do Cradt Sc1l an ~ d Canve~► unto the said ~ . , ~ Heaney and yif e, Jane C. Meattey x ~ : a# the County ai Benton ' ~ ; All that certain tract ar ar ~Btatcai Texan Y~~~~lI~GS S'aryey: Abet. 80~, pentor~ P Gel of land eitua~ted ire the Harris j, (called} 1G1.Z93 acre trsctQdssc' Texas. bgigg a part of a / Mway I y ' 4e*~~~~{ ~ Trustee to Jahn W, Porter ort JunsiZld ~[n a deed from James S. Nudaan~ 9~5, heed seconds of said C°unGy, and bs~p' recoxded in Vnlf f'alloust in8 more felt des 958, pgge ' SEC1t~H1NG at a steel in a Y cribed as acre tract at a p t the Salt Southeast turner of said 141~Z boundary line a (bend in ~ pubf,ic road on the mast Souther ~ aid Harris fay S~xvey and the ly South } ; the A,~hite Survey, Abst~ 1G 6~ 0 North boundary line of ' TNSNC$ ~,t, S9Q 28~ ~itit a 5au ~ ltay Serve th boundary fine of egid t ' Y a.lang and near a fence a distance of ract and of said ' turner at an inner ef.l career of said 1~1,Z 143.4 feet to a .lance M ' ~HEt~CE N~ CooZb~ E~ a'diatancs of 505. sere tract; ' TNEHCg g, ~g ~ $3 feet to a steel pin; . ~ ~8 pass at l00~, Feat bouadsry tine o~ a ~ feet a steel pin at a fence an the 1U~3~~ feet to s corner anh~ic rued and continuing a fatal dietan ' f l4f~~93 acre tt~act in said he mpst ~astekly boundary fins of ace of ' ~ ' Tb~HCB S, 4a ZO' in sal public road i s id of ~sRirtuiap~ sad ~ can d road a distance of x(15,83 fe twitting ~~~Q00 acres of land ct to t1~e palm 1 •r 3 ~r f ~ ~ e~ ~ v~~~~ ~ 4 t P ~ r . r., ,  ILI _ ~ . r~ ~ ~ ~ j~ 3 . f ! ~ ~ ~ E t ~ t i f itv~ ~'U HhY~ AkND ~U HO~~ the ~ba~e aeser~'t~d prt?mis~, together X11 and a€ngt~~at, ,~,e tightx and [ ; t~p~ttt~r~ lbe~eta ~ ~y ~1a~ging uat~ iLc said wi.ll~em H~ Neaeuy and tr~~~, ,lane ~teattey, ki~e~r I ' hrirs a.nd a~g~ tcrse~'ec I ~ v ~ do hereby btnd 4 a t' ~ a 1 v ~ e , ~ ~s r heL~, etetutan► end ~dttt3aistrataf~, Cd ~YsrranR atul ~or~►[er Deltnd ~Ii end slt~gular ~e ~d prcmises unto tht , u1d 1~iiiie~ M~ Mu~n~y end vide, J~~u C~ ~e~r~~v, t~e~r ~ i ' bciti and a~sigw ~xit~t wry peen whamstfever !a~'~ully elcimlag, at la rlcitn the same, ar any part c ' t t~!l~tOC. I ' i ' Aut it b ~press~y agreed e~td atlpul~tcd that the Ycndnr's Lien C~ retained against the xba~~e described prop• ~ . erty, p~~ utd impravtmeala, until ~e abo~~e destribe~i natr snd s11 Jnttrtst therevp ~ fully ~ ~ I ,I ~ paid a~cordiag 1a i t e lad and tenor, e~c~t and reading, when this deed shall become absolutt, x ~ : , ~p I i ~ ~Vita~ cur hard a at Sacxamen~a ~ Ca 1 i.~ornf.a this 1'~~h ~Y nt i I # ~ • tsovember , ~.Il, t4$1 ~ ~ ~ i I ' tYltness~ at R~q~test at Graptvr~ I I ~ MMNMi.fINIYMY./M~.VI.IfV/1M1/V•••••~•^~V••••••NI~I.VI/.l l.M/M/MIJ~.h....1rv11.}./[ V... ~.v//.1.11 ....~V . .,a .......rr..H.\.r/I....vV.•. H.H+•1.••1••••••••• ~ I 1~ ,I I~tt PORTED ■ ~ y~y 1 ww.M/a[w.a.rM puu/uf[~R,rH.i~..rrN.in lsfl l.RM/ws.a~.~~/,..h.rlfrwne. ~r.Nu~a, y a .../...a./~n~[.~. Mr/~..... ........[..l. He..1H.~. R....1 r•H•~uu.s. t 1 ' ~ I ' ~C1~RGA T"p'i~R'C~R ~ ~ ....R.~../i.l./[i.i,I.1..1/u~./+♦p......../.l.tN...t1,.1[/......y....a.e......../. r...... ti/ • • ~ ~ ` [ ~ ~ ~ ` ~ ~ ' i 1 { I AGRNQ~'I.E11~1~tF.~' ' ~ + 8~t~ftE btE, the undcr~l~ntd ~Uthor{tr, i C4UN1'~' Oy......5.~.~.1KA..~~.~....,..»........,,•.« ~ E k ~ ' ~ ~ ~ cud for sold ~outttyt Tenn vo thb day petanapy tppetted„.~Ia~p.N.l~~a~ t~~..,.~ad...~ia x ga.r•~~.,,~a~~~~r......_,.._.~....• ~ Mr. Aw.NTyr..1M••M~•••••A./.I,rA.NflArw• r~•MMM••Ir•«M•••N•yr..•wM.~~~+{•Y+I..w.«••.•M+~~Y•••.rr....wwi-1..•~~••~•wrVi••r•••••r+h.rt~ f 4 I~, j ; .r.f~...r.r.r~...i..ir~p.Y...._Au ~./[u.rr»'--- /.I_~ MMNF••a....ra.....ra.ru.r~..r...n..r.. w.~l•-ti1W.u••twf.aM I r , v ~ ~ ~ao~va to ~ t~'~r the ~tisotff....t~6ose die-~t,..~x~...~,.r~«,.wbxrlbcd t4 k6e face$atnr t~i~ment, cnd a~~caar~lal~od to me that F meted ~,e,~me [ot Iha parpasa u~d con4id~xtlad~ thtrt~n e~pr~xted, ` rt' ` f ' #~Y}~ v f p yy'~~ l~eeyy 1j{, O~~h {'(~v(~~~~~ M1 f E ~ ~~•VF{1J~~ ~ A~~ ~I~t1.R'i~ 417~...~ 7.t~,.~w.i.•r~~ ~~.......r.»....~..L.w•-..~.~~...-~N.......~..w~l ~Y.~.~...r f ~ ~ ~ ~ ~'~%~~''w~.,'. , i. tiaury i'v6E~r, in tnd f ar tie 5t~ir ai C~ ~ ~ ~ d x n i I iy 1, ' . , ~ • ~ [ . ~ ' ~ , . ' ~ ~ ' ~ ~ S r 1 . ' r ~r I t ' ~ r ' e + I • ' t ~ 1 I [t ~ ~ ~ t ~ 1 f • ..rrga . r . . r. . ' ~ ~ [ i ~Mr,r•a~ d•~srrs~MPf"~'~►a"fwlvli+•y~}~*ry~'?=f'tiL{Y'~N~VIr/ . ;y+~ti.,~•~,-!. tV►'~•;~.. ~,r,,. ~ R tin , •t • ~ _ , r r r r r C f , r ~ E ~ i t 1 I 1 f I `1 ~ ~ i • 1 ' f t j ( ~ ~ ~ ~ ~ i { ~ ~ ~ # I ~ E r ~ rr r. ~ ~ ~ ~ ~ w 11 ~ ~ ~ ~ i ~ ! • ~ ~I l ~ 4 E~ r j ~ ~ ~ ~ ~ , i ~ . r } ill. ~ ~ I ~ rli+• ~ ~ {4t~ W ~ ~ ~ ~ ~ p ~ ~ ~ ~ t t ~ ~ ~ ~ ' ~ ~G h1 ~ r i 1 ~ M ~ ~ ,s ~ ~ ~ ~ t~ ; . 1 _ ~ D ~ r ~ p 4 fk 1 . ~ ~ k i f ~1 i t, r 'J~i AA • ► ~ ~ E 1 ~ ! f ' • E 1 . ...n,r,,r~ ~~.t r ~T`I~~A~rl~'w.~#e{l~Mt~e+~~{l~?;4 I~rN i~tr~! ~ ~ 1 ` r 1 A I f S ii r. ~ ~ • ~ •v... ~ ~ . 1 1 Ir rl~~~ ~'pR RkCt3kU,~~., pAY 0~ + ~ ~ ' ~~CQ~n~D ~ SAY C~ A.~, t961, at h , ~iAkY 1C ~i~~►L, C LINTY Cl,f~;k , U~NTQN C i 9$ I, BY. p~1N~`Y, Tl,XAS. p~~U~'Y, • . ~ . r.. ~ r ••V A, 1/ •~y t / ~ ~ ~ 1 r 1~ r1 I~ t Y ~ r ~ ' I/ 1 v , ~ ' 1 s 1 a 4 1 ~ i After recording return to. Jennifer Waiters Clty Secretary ;Imiscellaneousllalannexationslmic~ael & Bail meeker non•annexation a~,reement,dOC 2~.5 E. McKinney Denton, TX 76201 CHAPTER 21~ TEXAS LOCAL GOVERNMENT CODE NON~ANNEXATI(]N AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex, Local Gov't Code by and between the City of Denton, Texas the "City"} and Michael G, Meeker and Gail K. Meeker ~"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": Lot 4, Black A, Milarn. Creek Ranch, Phase an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Slide 2S4 of the Plat Records of Denton County, Texas, and being conveyed in that certain warranty Deed with vendor's Lien dated August 28, 2009 from Don A. Hall and wife, ~.im B. Hall to Michael G. Meeker and wife, Gail K,1Vleeker, filed for record on September 1, 2009 and recorded in Instrument Number 2009-105749 of the Real Property Records of Denton County, Texas, Said Lot 4, Block A, Milam Creek Ranch, Phase is commonly known as DC.~D Properly I.D X85368. wHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc, Gov't Code ch. 43; and wHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; wHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Gwners and their respective successors and assigns for the term of the Agreement; wHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and wHEREAS, CwNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex, Loc. Gov't Code section 43,035 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 ET1 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; 31~~ 1  L ~ s.lour documentslmiseellaneousll~lannexationslmichael & Bail meeker non-annexation agreement,doc NGw, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section ~ . Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement, Section 2. Development Plan, The owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling maybe located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subj ect to this Agreement into parcels, each of which is at least five ~5} acres in size, far the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212,172~b}. Section 3 , Governin~Regulations, The following City ~ regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed; ~l} Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan,1999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Cade, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public 'forks Construction, North Central Texas, 3rd Ed.1998 ~NCTCCG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b, International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; 2 s:lour documentslmiscelianeaus1101annexationslmichael & Bail meeker non-annexation a~eement.dac d. International Plumbing Code, 2446 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2406 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2045 Edition with local amendments. National Electric Safety Code, 2403 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28-3 83 - 43 7 and § § 17~ 141- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code § §28441-- 457; and m. Moving Buildings, Denton Code §§28326 - 375; ~4} Sign regulations, as contained within Subchapter I S of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on~site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 34 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 §35.15.19 and subchapter 22 of the Denton Development Cade, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended, 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 1S4 calendar days thereafter, or until the effective date of the annexation and 3 s;dour documentslmiscelianeausll~lannexationslmichael & gait meeker non-annexation agreement,dae permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Uwners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application, The Uwners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 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 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 Cw 1, or other such other provisions governing voluntary annexation of Land as may then exist. Uwners expressly and irrevocably consent to annexation of the Property under such circumstances, 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. Recordi~. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabili .Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies, This Agreement maybe enforced by either 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 documentslmiscellaneous110lannexationslmicl~ael & Bail meeker non-annexation agreement.doc Section ~ 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 S ection 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas, Section 12. Execution in Multiple Copies, This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument, Section 13. Term and Extension, The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"~. The Effective Date of the Agreement shall be the date the Agreement is executed by the City, The Term may be extended upon mutual agreement ~f 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 far the implementation of those sections, The Parties hereto have executed this agreement as of , 2010. Owners i el G. ek J 1 Cr ' eeker THE CITY OF DENTIN, TExAS By' City Manager, Deputy City Manager, or Designated Representative 5 s;laur dncumentslmisceIlanenns1101annexatinnslmichael & gaiI rneekernon-annexation a~reement,doc THE STATE OF TEAS } COUNTY OF DENTON } This instrument was acknowledged before one on the day of , 2410, by Michael G. Meeker, 4 ~ .!1~ ~ Y A~~ ONAIiT~ A. Notary Pu~IIC ~t#t~ of Tell _w qr ~~9~ - ~ Notary Public, State of Texas THE STATE OF TEAS } COUNTY OF DENTON ~ This instrument was acknawledged before nae on the day of ~ ~ , 2010, by Lail K. Meeker, ~hl 1 gj~,AY AEG ~~~i~ i ~~~i ®~V i; # 9~, ~ ° Notary Publrc State of ` r ~Y co~r~issioN ~x~i~~ z, zo#~ ~ a Notary Public, State of Texas THE STATE OF TEAS } COUNTY OF DENTON ~ his instru t was ac owled ed before ~ie~on the ~ day o ,20 by Manager eputy City Manager esignated Representat~ , on behalf o the City of Denton, Texa~; i ~till11111 ' Ny,~~q~~r~a~~~w J~~JN(~~R K, WA~~~ w Notary Pub1;c ~ N ~ ublic ate of Texas tats a~ r~xas 'ov~a~~,~.~~~'~~1' My Cammisslon ~xpir8s d r ~ti ' D~Gemb~r ~ 9, ~ ~ APPROVED A~S~ TUBE"G~A~~F~KK ANNA ~ URGES S CITY ATTORN Y w.~~- ~ 6 After recording retu~~ to: Je~lnifer Wa1te~•s slmiscellaneousll0lannexationslpeppler 2non-annexation agreement.doc City Secretary ~ 15 E. Mcl~inney Denton, TX 76201 CHAPTER ~ 12 TEXA L S OCAL 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 Lavena Grace Peppier and Jahn Allen Peppier ~"Owners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties"; Being 3,297 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain warranty Deed with Vendor's Lien dated June 20,198$ from H. L. Swann, Jr, and wife, Evelyn June Swann to John Allen Peppier and wife, Lavena Grace Peppier, filed for record on June 21, 19$S and recorded in Volume 2398, Page 768 of the Real Property Records of Denton County, Texas, Said 3.297 acres of land, more or less, is commonly known as DC~4D ~rope~t~ ~D .~o, 3 7444. WHEREAS, the City has initiated 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 far agriculture use pursuant to Tex, Tax Code chapter 23,C; 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 Cade section 43,035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 far purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex, Loc, Gov't Code section 43,035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; 1 SIT  i ■ s:laur doeumentslmiscellaneousllOlannexationslpeppler 2non-annexation agreement.doc NGw, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows; Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2, Deve _o= ment,. , U. 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 eve ~5} acres, The property owner may apply to the City for division of the land sub j ect to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc, Gov't Code section 212.172~b}. Section 3, Governin Re ulations ~A} 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 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, as amended pursuant to The Denton Plan, 19992020, as amended. For purposes of evaluating any proposed development of the Property under these zoning standards, the regulations of the lowest intensity single-family residential district ~RD~S} shall be used pref. Denton Development Code ~"DDC"} §35.16.8.G.};. ~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 ~Vorl~s Construction, North Central Texas, 3rd Ed.199S ~NCTCDG Manual}. ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting; 2  s:lour doeumentslmiscellaneons1101annexatianslpeppler 2 nan-annexation agreement.doc 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 Cade, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f, International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §25-3 83 - 437 and ~ § 17~ 141 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §~28-441- 457; and m. Moving Buildings, Denton Code §~28~326 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of 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 duality, as amended; and ~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.laur dacumentslmiscellaneousll0lannexationslpeppler 2 non~annexatinn agreement,doc ~7} Gas well platting, drilling and production standards, as contained in §35.1.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Cade, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on ~nviornmental Quality, as amended. ~B} If, pursuant to this Agreement or following termination of the Agreement, portions of the Property are annexed to the City, the Parties further covenant and agree that the use and development of such land thereupon shall be subject to the regulations of the lowest intensity single~family residential district or agricultural district ~RD~S} and the subdivision regulations then in effect. In the event any portion of the Property following annexation is rezoned consistent with the City's approved Comprehensive Plan, as may be amended from time to time, the use and development of such land shall be governed by the regulations of the zoning district to which the land is reclassified and the subdivision regulations in effect at the time of approval of such rezoning, Section 4. A reement Deemed Void in Part voluntar Annexation. ~A} zf an Owner files any application 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 become null and void, except as herein expressly provided for, ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter CW 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances, The Owners further agree that such annexation by the City shall be deemed voluntary, and not subs ect to the requirements and procedures for an annexation plan, as required by Tex, Loc. Gov't Code section 43,052, or successor statute. ~C} Any development application that is submitted to the City for the Property during the term of this Agreement or during any extension, that is inconsistent with the development plan and governing regulations, shall be denied based upon such plan and governing regulations, which collectively shall constitute regulations in effect at the time such application is submitted. The Owners expressly waive any vested rights that might otherwise arise under DDC X35.3.8, as amended, Tex. Loc. Gov't Code section 43,002, as amended or Tex. Loc. Gov't Code Chapter 245, as amended, or their successor ordinances or statutes, 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 date that the City annexes the Property pursuant to this section. Section 5, Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 3 o days written notice of this 4 s:lo~r documentslmiscellaneousll Olannexatianslpe~pler 2non-annexation agreement,doc 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~ 7201 Section 6. Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 7. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section S. 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 9. 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 10 Venue. Venue for this Agreement shall be in Denton County, Texas. Section 11. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument, Section 12. 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 13, Zoning Regulations, Upon annexation, zoning for the Property shall initially be subject to the restrictions applying to the lowest intensity residential or agricultural district ~RD~5}, until an appropriate change in zoning is made pursuant to Chapter 211, Tex. Local Govt, Code or successor statute. owners hereby waive any and all vested rights claims that they may have under DDC §35,3.5, as amended, Section 43.OO2~a}(2}, as amended and Chapter 245 Texas Local Government Code, as amended, that would otherwise exist by virtue of any actions owners may tale between the termination of this Agreement and the completion of annexation proceedings by the City. Unless the City declines to annex the land, the development plan and governing regulations shall apply to any proposed development application prior to completion of annexation proceedings and the adoption of permanent zoning regulations for the 5 s;laur dncumentslmiseellaneottsll0lannexationslpeppler 2 non-annc~ation agreement,doc Property, and the development plan and governing regulations shall be kept in effect for such purposes. Section 14, Survival of Covenants. The covenants in Sections 2, 4, and 13 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections, The Parties hereto have executed this agreement as of , 2D 14. owners Lavena Grace Peppler 1 ohn Allen Peppler THE CITY ~F DENTGN, TEAS By: City Manage ,Deputy City anager, or Designated Representative THE STATE GF TE~A.S } COUNTY GF DENTGN ~ ~ f This instrument was acknowledged before me on the day of , 2010, by Lavena Grace Pe ler, CHwIT A~ DiC . _ ~ Notary P~~bllc State at Tex MY CQ~IMI851UN ~XPIR~$ ~ ~ ~ Notary Public, State of Texas 5 _ THE STATE aF TEXAS ~ COUNTY OF DENT4N ~ This instrument was acknowledged before me on the day of ~ , 2010, by John Allen Peppler, ~h~~ ~,e~ c~ArT~~~ a~ ®~G ?r, Notary Public State of Tex~B ' MY GD~MISSI4N ~xp1R~S '~~♦r ~ Me~Ch 2~ 2Dt 3 i k ~ :Y s,laur documentslmiscellaneous1101annexationslpeppler 2non-annexation agreement,doc ,r 4 f Notary Public, State o Texas THE STATE DF TEXAS ~ COUNTY OF DENTQN ~ This in t ment was a owledg ' of re eon the ay ~ , 20 ~ o, by i Manag rlDeputy ity ManagerlDesignated Re e entative, on behalf o the City of Denton, Texas, ti~1111111 4*~~~~~ArA~~{~' ~~NNI~~R k~ , . µ ~~t~~ w~~r~~s ,~;~~r,, , ~~w~~ ley ~`~~rnl~~~~t~ ~t r~~~s ary Pu c, State of exas ~1i11~111+~ ~ 0~ ~ _ . APPROVED ~ , ANNA BU .GE _ ,,R S S, C~TX_ATT _ EY 1 After recording return to: Jennifer welters C1ty Secretary rslmiscellaneo«sllOlannexationslpeppler lnon-annexation agreement.doc 215 E, Mc~inney Dentonq T~ 76201 CHAPTER 212 TEAS 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 Lavena Swann Peppler ~"owner"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or . "Parties"; Being 3.241 acres of land, more ar less, situated in the J, McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being mare fully described in that certain Executrix's Deed dated November 14, 1998 from Lavena Swann Peppler, as Independent Executrix of the Estate of Evelyn J. Swann, Deceased to Lavena Swann Peppler, filed for record on November 13, 1995 and recorded in volume 421$, Page 2672 of the Real Property Records of Denton County, Texas. Said 3.241 acres of land, more or less, is commonly known as DC.AD ~rope~ty ID No, 3 7439. WHEREAS, the City has initiated 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 agriculture use pursuant to Tex. Tax Code chapter 23,C; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex, Lac. Gov't Code section 43,035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc, Gov't Code section 212,172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the :municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc, Gov't Code section 43.435; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; ~~1T 1 s  uf: . . . . . . . . . . . . s.lour documentslmiscellaneousll0lanr►exationslpeppler 1 non-annexation agreement,dae NOw, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows; Section 1. Continuation of ETJ Status, The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defned, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch~related uses and customary accessory uses, and single~family detached farm or ranch dwellings, provided that no single~family dwelling may be located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subj ect to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212, 7~~b}, Section 3. Governing Re ulations ~A} 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 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, as amended pursuant to The Denton Plan, 1999~20~0, as amended. Far purposes of evaluating any proposed development of the Property under these zoning standards, the regulations of the lowest intensity single~family residential district ~RD-5} shall be used pref. Denton Development Code ~"DDC"} §35.16.S.G.};. ~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 ~NCTCQG Manual}, ~3} Denton building codes, as contained within Denton Code Chapters 17, 2S and 29, and DDC Subchapter 24, adopting: 2 s:lour documentslmiscellaneous1l01annexationslpeppler 1non-annexation agrecment.doc a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; d, International Plumbing Code, 2006 Edition with local amendments; e, International Fuel Gas Code, 2006 Edition with local amendments; f, International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i, National Electric Code, 2005 Edition with local amendments. j, National Electric Safety Code, 2003 Edition, with regional amendments; k, Minimum housing and building standards, Denton Code ~§28-383 437 and §~17-141 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 457; and m. Moving Buildings, Denton Cade §§28326 - 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; and ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 3 0 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Cade, 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 documentslmiscellaneousll~lannexationslpeppler l non-annexation agreement.doc ~7} Gas Nell platting, drilling and production standards, as contained in X35.16,19 and subchapter 22 of the Denton Development Cade, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission an Enviornmental Quality, as amended. tB} ~f, pursuant to this Agreement or following termination of the Agreement, portions of the Property are annexed to the City, the Parties further covenant and agree that the use and development of such land thereupon shall be subject to the regulations of the lowest intensity single-family residential district or agricultural district ~RD-5} and the subdivision regulations then in effect. In the event any portion of the Property following annexation is rezoned consistent with the City's approved Comprehensive Plan, as may be amended from time to time, the use and development of such land shall be governed by the regulations of the zoning district to which the land is reclassified and the subdivision regulations in effect at the time of approval of such rezoning. Section 4. Agreement Deemed Vold in Part; VoluntarX Annexation, ~A} rf an Owner files any application 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 become null and void, except as herein expressly provided far. ~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. The 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, ~C} Any development application that is submitted to the City for the Property during the term of this Agreement or during any extension, that is inconsistent with the development plan and governing regulations, shall be denied based upon such plan and governing regulations, which collectively shall constitute regulations in effect at the time such application is submitted. The Owners expressly waive any vested rights that might otherwise arise under DDC §35.3.$, as amended, Tex. Loc, Gov`t Code section 43.002, as amended or Tex. Loc. Gov't Code Chapter 245, as amended, or their successor ordinances or statutes, 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 date that~the City annexes the Property pursuant to this section. Section 5. 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 4 s:lour documentslmiscellaneousll0lannexationslpeppler lnon-annexation agreement,doc 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 6. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 7. Seyerability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full farce and effect, Section 8. 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 9. Change, in Law, No subsequent change in the Iaw regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4, Section 10 Venue, Venue for this Agreement shall be in Denton County, Texas, Section 11. 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 12. 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 13. Zoning ulations. Upon annexation, zoning for the Property shall initially be subject to the restrictions applying to the lowest intensity residential or agricultural district ~RD~S}, until an appropriate change in zoning is made pursuant to Chapter 211, Tex. Local Govt. Code or successor statute. Owners hereby waive any and all vested rights claims that they may have under DDC X35.3.8, as amended, Section 43.o02~a}~2}, as amended and Chapter 245 Texas Local Government Code, as amended, that would otherwise exist by virtue of any actions Gwners may take between the termination of this Agreement and the completion of annexation proceedings by the City, Unless the City declines to annex the land, the development plan and governing regulations shall apply to any proposed development application prior to completion of annexation proceedings and the adoption of permanent zoning regulations for the 5 s;lour documentslmiscellaneous1l01annexationslpeppler lnon-annexation agreement.dac Property, and the development plan and governing regulations shall be kept in effect far such purposes. Section ~ 4, Survival of Covenants, The covenants in Sections 2, 4, and ~ 3 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 Lavena Swann Peppier T3E CITY OF DENTDN, TEAS By, ~ City Manager, Deputy City Manager, or Designated Representative THE STATE OF TEXAS } CQUNTY OF DENTIN } This instrument was acknowledged before me on the day of ~ , 2010, by Lavena Swann Peppier, i , i ~y,,I illtlllif~rr CHAlT~~~ A. DECK . ` ,`,a ; luata~~~ ►'t~~l~c State of ~'ex ~ r i ~ r ~ MY CU~IMI88fON t~XPIA~$ , ~rF ~ + ~a, ~4,~ Notary Public, State of Texas THE STATE QF TEXAS } COUNTY CAF DENTIN } This ' meat was ~knowled d b for ~ me on the -day~e 2014, by ~ Manager eputy ty ManagerlDeslgnated epresentative, on behalf of the City of Denton, Texas, II~~,4411 C U t~~A`+~ J!~~~YP~~~/~r~ ~~~tlrl~~~~ tl~f~'141~~ ,4~~ ~r~. ~ Natary Pubic, St~t~ p ~ My C~n~ml~s~a~ ~l~~ `f~,~q'~ b~ ~~~;~~tb~ ~ ary Pub i , State of exas 1~ 6  s;lour ~oeumentslmiscellaneaasl~~lannexatianslpeppler l non-annexation agreement,dac APPROVBD AS T4 LEGAL FGRM: ANITA BURGES,S~ ~C~T~ ;ATTG~RNF~ ~y. r' . ~-w _ . _ _...M... _ 7  . . . . . After recording return ta: Jennifer Walters City Secretary tslmiscellaneousllOlannexatianslpeppler 3non-annexation agreement.dac 215 E. NIcl~in~ley Dentan, T~ 76201 CHAPTER 212 TEAS LOCAL GOVERNMENT CGDE NON-ANNE~ATI~N AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex. Local Gov't Code by and between the City of Dentan, Texas the "City"} and Lavena Swann Peppier as Trustee of the Evelyn J. Swann Testamentary Trust ~"Owner"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually ar collectively referred to as "Party" or "Parties": Being 3.299 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No, 1150, Dentan County, Texas, and being more fully described in that certain Executrix's Deed dated November 10, 1998 from Lavena Swann Peppier, as Independent Executrix of the Estate of Evelyn J. Swann, Deceased to Lavena Swann Peppier as Trustee of the Evelyn J. Swann Testamentary Trust, flied for record on November 13, 1998 and recorded in Volume 4218, Page 2669 of the Real Property Retards of Denton County, Texas. Said 3.299 acres of land, more or less, is commonly known as DC~4D .Property ~D ~o. 38256. WHEREAS, the City has initiated 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 terra 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 Dentan County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agriculture use pursuant to Tex, Tax Code chapter 23,C; 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 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 43.03 5; and ~~T 1 ~ s:lour documentslmiscellaneous1101annexationslpeppler 3non-annexation agreement,doc WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NGw, THEREFGRE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status, The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2, Development Plan. The Gwners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five ~5} acres, The property owner may apply to the City for division of the land 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 ~A} 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 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, as amended pursuant to The Denton Plan, 1999-2020, as amended. For purposes of evaluating any proposed development of the Property under these zoning standards, the regulations of the lowest intensity single-family residential district ~RD-5} shall be used pref. Denton Development Code ~"DDC"} ~35.16.8,G.};, ~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 Constructian, North Central Texas, 3rd Ed. 1998 ~NCTCGG Manual}, 2  s:laur dacumentslmiscellaneaus1101annexatianslpeppler 3 non-annexation agreement.dac ~3} Denton bu~lding Codes, as Contalned Wlthln Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting; a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h, International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Cade, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code ~§28-353 437 and §~17-141 210, as amended and as applicable; 1, Irrigation Standards, Denton Code ~ ~2$-441- 457; and m. Moving Buildings, Denton Code ~§28-326 _ 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton 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; and ~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 3 s,lour documentslmiscellaneousll~lannexationslpeppler 3non-annexation a~reement,doc the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas Nell platting, drilling and production standards, as contained in §35.1.19 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 Enviornrnental Quality, as amended. ~B} If, pursuant to this Agreement or following termination of the Agreement, portions of the Property are annexed to the City, the Parties further covenant and agree that the use and development of such land thereupon shall be subject to the regulations of the lowest intensity single-fan~.ily residential district or agricultural district ~R.D~S} and the subdivision regulations then in effect, 1n the event any portion of the Property following annexation is rezoned consistent with the City's approved Comprehensive Plan, as may be amended from time to time, the use and development of such land shall be governed by the regulations of the zoning district to which the land is reclassified and the subdivision regulations in effect at the time of approval of such rezoning. Section 4. A reement Deemed void in Part voluntar Annexation. ~A} 1f an owner files any application 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 become null and void, except as herein expressly provided for. ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Gwners expressly and irrevocably consent to annexation of the Property under such circumstances, The owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex, Lac. Gov't Code section 43,05, or successor statute. ~C} Any development application that is submitted to the City for the Property during the term of this Agreement or during any extension, that is inconsistent with the development plan and governing regulations, shall be denied based upon such plan and governing regulations, which collectively shall constitute regulations in effect at the time such application is submitted. The owners expressly waive any vested rights that might otherwise arise under DDC §35.3.8, as amended, Tex. Loc. Gov't Code section 43.002, as amended ar Tex, Loc. Gov't Code Chapter 245, as amended, or their successor ordinances or statutes, from the submittal of such inconsistent development application. The owners further agree that no use commenced or completed on the Property that is 4 s:lour documentslmiscellaneousllOlannexationslpeppler 3non-annexation agreement.doc inconsistent with the development plan shall be considered established or in existence prior to the date that the City annexes the Property pursuant to this section, Section 5. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale ar 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. EIm Street Denton, Tx 76201 Section 6. Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 7, Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 8. 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 Uwner waives no rights as to matters not addressed in this Agreement, Section 9. Chan~e~n Law, No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 10 venue. Venue for this Agreement shall be in Denton County, Texas, Section 11. 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 12. 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 13. Zonin~Re ulations, Upan annexation, zoning for the Property shall initially be subject to the restrictions applying to the lowest intensity residential or agricultural district ~RD-5}, until an appropriate change in zoning is made pursuant to Chapter 211, Tex. Local Govt, Code or successor statute, Uwners hereby waive any and all vested rights claims that they may have under DDC §35,3,5, as amended, Section 43,002~a}~2}, as amended and Chapter 245 Texas Local Government Cade, as amended, 5  s.laur dacumentslmiscellaneousll0lannexatianslpeppier 3non-annexation agreement.dac that would otherwise exist by virtue of any actions owners may take between the termination of this Agreement and the completion of annexation proceedings by the City. Unless the City declines to annex the land, the development plan and governing regulations shall apply to any proposed development application prior to completion of annexation proceedings and the adoption of permanent zoning regulations for the Property, and the develapment plan and governing regulations shall be kept in effect for such purposes. - Section 14. Survival of Covenants. The covenants in Sections 2, 4, and 13 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. owner Lavena Swann Peppier as Trustee of t e Evelyn J. Swann Testamentary Trust THE CITY QF DENTIN, TEAS ~y: City anag r, Deputy City Manager, or Designated Representative THE STATE ~F TEXAS ~ COUNTY QF DENTIN ~ This instrument was acknowledged before me on the day of ~ , 20I0, by Lavena Swann Peppier as Trustee of the Evelyn J, Swann Testamentary Trust. r ~ ~ P ~ ~ n,~«~~~, ~H~~~T~N~ I Notary Public, State of Texas Notary Public Sate n11'ex MY C~~MISSIO 013PII~~S ~ ~ 1~ ~ 1` s;laur documentslmiscellaneausllalannexationslpeppler 3non-annexation agreement.doc THE STATE ~F TEXAS ~ COUNTY OF DENT4N ~ Thls lnStr ent was ac owledge bef re eon the 1 "~da~y , 2010, by ity Manag rlDeputy 'ty ManagerlDesignate~ Rep entative, on ehalf of the City of Denton, o ry Pu i ,State of Texas ~h~~~4ti~~~~r~~~,~ J~~NIF~ ~1 WA~T~I~S ~~ti~~~Y +i ~ Nat~ry ~u~l~c,Q~tFEat~}pw~f Texas ~ 1 1 Y ~ ~V~1~~ IW~ 1~~~ APP ~ ~ ~~AS ..ARM ANI i, ~,.._.F_~ - . ~v 7 After recording return to; Jennifer Walters Cit Secretary ~neousll~lannexatiansl~•ay 8c 1it~da roberts ~7o~1-annexation ag~•eeme~~t.dac y 215 E. Mcl~inney Dentonq TX 76201 CHAPTER 212 TEXAS LOCAL GaVERNMENT C[~DE NUN~ANNEXATIGN AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex, Local Gov't Code by and between the City of Denton, Texas ~tl1e "City"} and Raymond D, & Linda. Mae Roberts ~"Owners"}, the property owners of the he~•einafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 9,773 acres of land, more or less, situated in the J, McNeil Stewart Survey, Abstract No, 1150, Denton County, Texas, and being more fully desc~•ibed in that certain General Warranty Deed with Vendor's Lien dated March 10, 1992 from James A, Griller and spouse, Barbara Griller to Raymond D, Roberts, Sr, and spouse, Linda Mae Roberts, filed for record an Ma1•e1113, 1992 and recorded in Volume 3179, Page 273 of the Real Property Records of Denton County, Texas, Said 9.773 acres of land, more or less, is commonly 1~1own as DCAD P~~operty ID .Iljo. 37431, DC~4D Property ID 110, 37432 and DC~4D P~~o~perty ID 110.37434, 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 c11, 43; and WHEREAS, Owne~•s desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the te~~11 of this Agreement; WHEREAS, Owners and the City acl~nowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the terns of the Agreement; WHEREAS, the Denton County App~.•aisal District records show that the Property currently is appzaised 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 43,35 authorizes a property owner and a ~11un1cipality to enter' into a~1 agreement pursuant to Tex, Loc, Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ it1 exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent witll agricultural use; and WHEREAS, the Parties are desirous of e~ltering 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; ~~Y 1 ~  . . . . . . . . . . . . . . . . s.lat~r dacumentslmiscellaneousll0lannexatiansl~•ay & linda raberts nan-annexation agreement,doc New, THEREFORE, in consideration of the mutual covenants contained herein, the Paz•ties hereto agree as follows; Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Pa~•ties, subject, however, to the provisions of this Agreement. Section 2. Deyelopme~lt Pa~1. 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-~•elated 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 nay 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 Ag~•eement, Such uses and activities constitute the development plan for the Prope~•ty in satisfaction of Tex. Loc, Gov't Code section 212.172~b}. Section 3. Governing Re ug lations, The following City regulations shall apply to any development of the Prope~•ty, as may be amended fx•om time to time, provided that tl~e 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 Ag~•eenaent is executed; ~1} Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pu~•suant to The Denton Plan,1999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards inco~o~•ated 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, soled waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public worl~s Construction, North Central Texas, 3rd Ed,1998 ~NCTCC~G Manual}; ~3~ Denton building codes, as contained within Denton Code Chapters 17, 2S and 29, and DDC Subchapter 24, adopting; a. Inte~~ational Building Code, 2006 Edition with local amendments; b. Il~ten~ational Residential Code, 2006 Edition with Appendix G and local amendments; c. The Intez•national Fire Code, 2Q06 Edition with local amendments; 2 s.lo~lr dac~~~1~e~ltslmisce~la~leousll0la~~~~exat~o~~su•ay & linda robe~•ts noel-a~lnexatlnl~ agreemet~t.doc d. International Plumbing Code, 2006 Edition with local amendments; e, I~1tenlational Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Qrdinances Chapter 17, Denton Property Maintenance Code, as amended; h. I~~te~•national Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition witl~ local amendments, j . National Electric Safety Code, 2003 Edition, with regional amendments; l~. Minimum housing and building standards, Denton Code §~28~383 437 and § ~ 17W 141- 210, as amended and as applicable; 1, Irrigation Standards, Denton Code §§25-441 457; and gyn. Moving Buildings, Denton Code ~~2$-326 - 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, tlae Denton water and wastewate~• Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resou~•ces Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Connnission on Environmental Quality, as amended; ~6} Applicable Plood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Conunission on Environmental Quality, as amended, and applicable administrative standa~•ds of the ~`ederal 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 Enviro~unental Quality, as amended. Section 4, Develo meat Plan to Remain in Effect, p`ollowing termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 1$4 calendar days thereafter, or until the effective date of the annexation and 3 s.laul• docul>Ientslmisce11al1eo~~sll01al1nexationsll'ay & l~I1da 1'o~e~'tS llol~-anrtexatiQll a~l•eenlent,doc pe~~:~anent zoning of the Property, whichever first occurs. The Parties covenant and agree that tl~e City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A reement Deemed Void in Part Volunta Annexation. ~A} if an Owner files any application or plan of development fa~• ar otherwise commences development of any portion of the Prope~•ty inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex, Loc. Gov't Code subchapter C-1, ar other such other provisions governing voluntary annexation of land as znay 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 p~•ocedutes 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 addxess: City of Denton, Texas ATTN; Director of Plan~ling and Development 221 N, E1n1 Street Denton, Tx 76201 Section 7. Recordin ,This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Seve~•ability. invalidation of any p~•ovision of this Agreement by judgment or court order shall not invalidate any of the ren~aining 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 add~•essed in this Agreement, 4 s:lnur docume~~tsl~niscellaneausll Ola~~nexatin~~sl~~ay & lind~ rnberts nnn-annexation agreement.dnc S ect~on 10, C~aa~„ „ age, n,.,Law, No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the prope~•ties covered herein pursuant to Section 4. Section 11, Venue. Venue fo~• this Agreement shall be in Denton County, Texas. Section 12, Execution in Multiple Copies, This Agreement maybe separately executed in individual countet~arts and, upon executio~a, shall constitute one and same instrument. Section 13, Term and Extension, The initial tern of this Agreement shall be for a period of five ~5} years f~•om the Effective Date the "Ten1~"}. The Effective Date of the Ag~•eement 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 termination of this Agreement, together with any other provisions, as may be necessary far the implementation of those sections, The Parties hereto have executed this agreement as of , 2~1~. 3 Owners F ~-w aymo d D, Roberts r ~ 'y 1 ~ ; Linda Mae Roberts THE CITY ~F DENTIN, TEAS ~y, City Mana r, Deputy City Manager, or Designated Representative TAE STATE OF TEAS } COUNTY ~F DENTUN } ~ This instrument was acknowledged before one on the day of ~ , 2010, by Raymond D. Roberts. 1 1 o ary Publ c, State of Texas 5 s;`111' C~OC11111~11t5I11115CE1~aT1~pUSII~I1i117eXa~1~115I1'aY ~G 1111f~~ i•obel'ts ~~~~1-a~lneXatloll agl'eelllerit.doc THE STATE OF TExAS } COUNTY OF DENTON } ,~G This instrument was acl~nowledged before nee on the da of ~1~ Y r. 2010, by Linda Mae Roberts. o ary Public, State of Texas THE STATE OF TEAS } COUNTY OF DENTON } This instru ent was a 1 0 1 ged before ~ Ze ~on the day o ,20 (~by City Manag rlDeputy City Manag (Designated Representati , on behalf o the City of Denton, ,,31f!!, ~ ~'y Publ' c State of Texas ,~°~4~~,$`YA{~6~~trr J~F~I~~~~~r` 11f YYP~~E~ft~ N Nat~ry ~~~~Ilc ~~at~ cif ryas w~df~~ ~ ~~~n~~~~lr~~ x Iris APPROVED AS TO LEGALa FORNI:•• ANITA BU~.CES Sr, CITY ATTORNEY w , . - , m ~ ~ - • B kprr r .Y.~. ~~~NF J After recording return to: Ten~~ifer Walters City Secretary 215 E. McKinney Denton TX 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CGDE NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex, Local Gov't Code by and between the City of Denton, Texas the "City"} and ~~am S. ~ er~~ "Owners" the ro ert owners of the hereinafter described ~ p P Y property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties"; That ro ert described in a deed to ~ ~ ~~~'~vhich is recorded at ~ ~ Y ~ /vol, ©SI q~ a e 33z 3 of the Deed Records of D ~ p g enton County, Texas, and commonly l~nown as Tax Parcel No. 7 0~ / ~ ,which is attached hereto as Exhibit A, consisting of approximately ~ acres of land, ~~~9~ 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 tl~eir intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex, Lac. Gov't Code section 43,035 autl~orizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 far purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.35; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: 1  Wow Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property far the term of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan, The Gwners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limned 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 far division of the land subject to this Agreeme~at 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 ug lat~o_ns. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations daes not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~ 1 } Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, togetl~er with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, .tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public worl~s Construction, North Central Texas, 3rd Ed.1998 ~NCTCaG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition wit11 local amendments; b. International Residential Code, 2006 Edition with Appe~adix G and local amendments; c. The International Fire Code, 2406 Edition with local amendments; d. International Plumbing Code, 2046 Edition with local amendments; 2 e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h, International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Cade, 2005 Edition with local amendments, j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 437 and §§17-141 _ 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 _ 457; and m. Moving Buildings, Denton Code §§28-326 375; ~4} Sign regulations, as contained within Subchapter 15 of floe 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 subcl~apter 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 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in 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 far 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 ar conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser ar 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 tl~e Property and be recorded in the real property records, Denton County, Texas. Section 8. Seyerability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. 4 Section 9. Remedies, This Agreement maybe enforced by either owner or the City by any proceeding at law or inequity, Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter, Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. Section l4. Change in Law, No subsequent change in the law regarding annexation shall affect ~ theenforceability of this Agreement or the City's ability to annex the properties covered herein pursu~n~ to Section 4. Section 1,1:, Venue, -Venue for-.this Agreement shall be in Denton County, Texas. Section l2. Executio~a in Multiple Cam. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13, Term and Extension, The initial term of this Agreement shall be for a period of five ~5~ years from the Effective Date the "Term"}. The Effective Date of the Agreement shall be the date the Agreement is executed by the City, The Term may be extended upon mutual agreement of the Parties, Section l4. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sectiozas, The Parties hereto have executed this agreement as of ~ ~ ~ u ,ter' 1 z o 1 ~ owners THE CITY ~F DENTIN, TEXAS ~y. City Manager, Deputy City Manager, or Designated Representative THE STATE ~F TEXAS } COUNTY OF DENTIN ~ 5 r This instrument was acknowledged before me on the day of ~ ~-,~vu.,~-r' , 20~, by ~ ~~~~~c,t~ No~a~y Public, State of Texas ~ `ti td~ 11 1( ~ (g, A r'~ r . ~ lr`~I~r"I~~~t(~ ~~If x g~~ THE STATE ~F TEXAS ~ a~~~°~~ ` . r a' ` L ~ COUNTY ~F DENTIN ~ This instrument was acl~nowledged before me on the day of , 20 , by . Notary Public, State of Texas THE STATE OF TEXAS ~ COUNTY ~F DENTON ~ t~ This instrument was acknow e ged before eon th~~~ ,20~, by , City Manager) ty City ManagerlDesignated R resentative, on behalf of the City of Den:t~ ~ , ~ exas. i~°~ P~ A~+~f~ 1~;;~I;'r~ JNN1~~~ WA~Y~~ ~y ~~~mf ~~ta~ x~ir ary Pub ~ ,State of Texas r~~ APPRQVED A~ TO LEGAL FO ; ANITABDRGESS;--CITY ATTQR~EY _ ~s t,. 6 H H H H ~n ~d nd r r v o p~ p ~ W ~ ~ ~r x~ ~ ~ ~ ~ ~ ~ rat N N N N N ~ dD ~ ~ ~ N N ID G p t~ N ~ ~ ~ W rh ~ G ~ ~ rt (b ~ ~ 4 p p p" o x m° w w ~ M v~ w~ R~ iD H W M N ~ ~ fi ~p~ ~ N ~ G ~ ~ r~ N N N M W W W~ lD N v lA id W ~ N hl N ~ lQ ~ lp ~I v C] 03 Q •I C] ~ q v µ rn m ~ ° Q o ar~n o ~ v~~ ~ V ~a N tv c~ ' wi C!1 V1 H ~ v ~ N b ~ f~ o ~ rv ~ Q m rn ~ ~ N o w rt ~ ~ ~ "+Q ~ Q m ~ o v ❑ Q 1V ~ ~ d ~ ~ ~ r rt ~ 4 W 4 v o o W ~ N ~ ~ ~ ~ ~ ~ ~ ~ m W ~ ° t ~ ° a ~ a ~ rt ~ a ~ ~ o Q v • N ~ ~ o Q w as m ~ ~ ~ ~D ~ ro~ mrt ~ ~ ~ rt"~ o v v ~H v v o rop 0 4 o t~ p H ~ ~ ~ v o v o a ~ ~ rt o ~ o ro w v Q 4 I~ ° v Q d~ rtrt ~ b h 1 ~ ❑ v W ~ m QD iP ~ U1 v t~ After recording return to: Jennifer Walters City Secretary miscel~aneoasl101ann.exationslmichael joe & atny Beth sche~#z nor-annexatian.d~c 215 McKinney Denton, TX 76201 CHAPTER 212 TExAS LUCAL GUVERNMENT CODE NUN-ANNExATION AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and Michael Joe Schertz & Amy Beth Schertz ~"Gwners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties"; Being 10.050 acres of land, more or less, situated in the Morris May Survey, Abstract No. 507, Denton County, Texas, and being mare fully described in that certain Warranty Deed dated August 7, 2002 from Ruby Elizabeth Finch and husband, Henry Tyler Finch, Jr. to Michael Joe Schertz and wife, Amy Beth Schertz, filed for record on August 7, 2002 and recorded in Volume 5144, Page 4597 of the Real Property Records of Denton County, Texas. Said 10.050 acres of land, more or less, is commonly known as DC~1D Property ~D No. 244900, WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} far the term of this Agreement; WHEREAS, Gwners and the City acknowledge that this Agreement between them is binding upon the City and the owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43,035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc, Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex, . Loc. Gov't Code section 43 , 03 5; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; ~W~~1T u 1  M_116 s;lour documentslmiscellaneaus1101annexationslmichael joe & amy Beth schertz non-anne~ation.doc New, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, 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-fancily dwelling may be located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5}acres in size, for the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212,172~b}, Section 3. Governing Re ulations., The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~l}Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan,1999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed.1998 (NCTCC~G Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; 2 s.lour dacumentslmiscellaneous1101anneYationslmichael joe & amy bets schertz non-annexation.doc d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with Local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments, j, National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code ~~28-383 43 7 and § ~ 17-141- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§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 and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended, Section 4, Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 3 s.lour documentslmiscellaneousll~lannexationslmic~ael jae & amy beth sc~ertx non-annexation,doc permanent zoning of the Property, whichever first occurs, The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5, A reement Deemed Void in Part• Volunta Annexation. ~A~ If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B~ Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc, Gov't Code subchapter C~1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances, Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43,052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee, A copy of the notice shall be forwarded to the City at the following address; City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, Tx 76201 Section 7• Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Seyerability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity, Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter, Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement, 4  . s;lour documentslmiscelianeous1101annexatianslmicilael joe & amy beth sc~ertz non-annexation,doc Section 10. Chan e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue, Venue for this Agreement shall be in Denton County, Texas. Section 12, Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument, Section 13, Term and Extension. The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"}. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections Z, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections, The Parties hereto have executed this agreement as of , 2010. Owners is ael e ch Amy Beth c e TAE CYTY 4F DENTIN, TEAS By: City Manager, Deputy City Manager, or Designated Representative 5 s;lour doGUmentslmiscellaneousl~ 0lannexationslmichael joe & amy Beth schert~ non-annexation,doc THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowled ed before me on ' g the day of ~ ~ , 2010, by Michael Jae Schertz, CAI A.~ Notary P~thl~~ 5tat®o~ x~ p ICY C01~~IISSIC~N ~li~ ~ ,h I` fr t'Q~ ~i ~ ~ ti Notary Public, State of Texas ~ - THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the day of ~ , 2010, by Amy Beth Schertz, s: . , r - CHAI~~1~t A. bIC ~ ti Notary P~h#Ic State of Text ~ ~ MY CCI~MISSION ~xPl~~g ~t M~~~~ ~a+~ Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This instru nt was ac owled ed before m ~~the ~ day of ,20 y City anage eputy City Manager esignated Representativ on behalf a the City o Denton, Texas. y,~~1~~p4Y P~~~f~f~ o r ubl~c fate of Texas J~NNI~~R K, WAIT~l~~ Y ,n ~ Notary Public, State of Texas I'' 'P~~~~,,., My Commission Expires PPROVED AS TO L~~AL FORM; ~ ,..,_.._.~_.w a.. ANNA BU~:GES S CITY ATTORNEY B ~ ~ ~ _ J .~m~~ I'  After recording retul•~~ to Jennife~• Walters City Secretary 215 E. IV1cI~.inlley Denton, TX 7G2~1 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by a~r~d ~~~et~'e~en ~ the City of Denton, Texas the "City"~ and ~ , ~ Owners the property owners of the hereinafter described cc y~ property the Property ~ ~n Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": ' ~ ~ ~ That property described in a deed to ~ cc,~ 5 which is recorded at ~ ~ 1~ vol, a e of the Deed Recor s f D ,~,a p g d o enton County, Texas, and d~ commanl known as Tax Parcel No, ~ n~ ~ which is attached ~ Y a ~ hereto as Exhibit A consistin of a raximatel acres of land. g Pp yid ~ 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 Prope~•ty 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 43.35 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 ~•etaining 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 43.35; and WHEREAS, this Agreement is to be recorded in the Real Property Reco~•ds of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: XH~~' 1 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 tern: of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to the provisions ofthis 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 farmwrelated and ranch-related uses and customary accessory uses, and single~family detached farm or ranch dwellings, provided that no singleMfamily 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 212.17~~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, 1999~20Z0, 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 sta~adards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of GovertLments Standard Specifications for Public VVorl~s Construction, North Central Texas, 3rd Ed. 1998 ~NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 20a~ Edition with local amendments; b. Inte~~aational Residential Code, Za46 Edition with Appendix G and local amendments; c. The International Fire Cade, 24DG Edition with local amendments; d. International Plumbing Code, 206 Edition with local amendments; Z 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 §§Z8M383 437 and 17141 - 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28441-~ 457; and m. Moving Buildings, Denton Code §§28-326 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and onwsite operation requirements, contained within Chapter 26 of the Denton Code of Grdinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas 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 an Environme~atal Quality, as amended. 3 Section 4. Development Plan to Remain in Effect, Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 18o calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs, The Parties covenant and agree that the City may deny any development application or plan ~ of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan, The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent 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 18a~day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; voluntary Annexation. ~A} If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B~ Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc, Gov't Cade subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to an~lexation 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 43.52, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, T~ 762 1 Section 7, Recording. This Agreement is to ~~un with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. 4 Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement; Section 10. Chan e in Law.. No subsequent; change in the law regarding annexation shall affect the enforceability of this Agreem~ or the Czty's ability to annex . ~ the properties covered herein pursuant to Section 4. ,.~.s Section 11, venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multi le Co ies, This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension, The initial term of ,this Agreement shall be for a period of five ~5~ years from the Effective Date the "Term''}, The Effective Date of the Agreement shall be the date the Agreement is executed by~he City, The .Term ma be ,Y f extended upon mutual agreement of the Parties. . , ; t,, 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 Bement as of ~ ~ , Owners THE CITY OF DENTON, TEXAS By: ~ City Manager, Deputy City onager, or Designated Representative THE STATE OF TEXAS ~ COUNTY OF DENTON ~ 5 This instrument was acknowledged before me on the day of , ~o by ~ r ~`a~ . P~~ 4i. ' public State of Tex ~ ; " ' = Notary ~ ~ L r ; , • MY C~~M4551a~ ~xpIRE a~,r~~~~ Notary Public, State of exas .W~y F THE STATE OF TE~A.S } COUNTY OF DENTON } This in trument was acknowledged before me on the ~ day of Zo ~ , by ~ . ~s~;~~Y C~RIT~N A. DICE ~ t~ Notary Public State of ~ex~~ - a~~ ~ ~ hAY C~~1MIS$ION ExP4R~5 'r~ a ~p1 ~ ~ Notary Public, State of Texas THE STATE OF TEAS ~ COUNTY OF DENTON ~ This instrument was ackno d ed before me on t day --of ,ZO~~ by amity anager eputy City ManagerlDesignated presentative, on behalf of the City of Denton, -as. `,,,gti~~YA~~f,,~ J~NN[~~R Nora ~ub1l WA~T~RS w : ; ~ ~Y c, Mate of Texas ~,~'~a , ;;~~~r My ~c~mr~laafe~ xpirea f~,, of ~d~ ~ '~1r~ ~~~e~~~r ~ tar Pu State of Texas y i APPROVED AS TO LEGAL FORM: ANNA BURGE,S S, .C~TY~~ ATTO~N Y ,~.W..W._w~..wp.~.~, - - I K l I ( / F ~ ~ A~ E~h~b~~ ~ j. ~~N~Y D~EU t~',~ DaR ~ ~ BEN ,a ~ ~ ~ 1 ' . _ Data: October 2br 2041 Gra~tar~ Fk"S ~E~LQFM~N~ ~oEP~R~,fi=oi~r a texas Corparat~.on . •~r'~ Grantt~r's Hai~.i~nq address ~inaluding aounty~ x 1 ~ JCS~~H E, ST'OCK~RD P. t~. fox SS5 120 E. teak St. • pentar~, Denton county, Texas 75202 Grates; S~fSAN~E HU~GI~EN SEALS and husband, . RICHARD DD~IDVA~ SEAb5 era~►tes~ s ~fa3.l~.ng' l~+~dxees ~inelud3~ng County) 215 Meadow Lurie Oentan, Ueutari County, Texas 7520? 4' ~ ~ Capsidsratia~: The sum c►€ Ten and Nvjlao ~$SO.~a} w ~ Do~.lare and other goad ar~d valuab~,e cone~.deratxnr~e, paid to Grantor by Granteer the r~G2].pt of which ~s hereby ful~.y • ~s ackr~awledged~ and for the further consideration cf a date cf even date herewith that is iri the principal amount of Fifty Three Thousand Five Hundred and NoJx00~s Dol~,ars ($5~,500.00~ ~ and is . execut+ad by Grantees payable to the order of FARMERS & ME~tCHANTS S~'~TE D~AN~ as therein prov,aded. ~t is secured by a ve~tdor's ~.ien xctained a~n th~.s Deed and by a Deed of gust of even date from Grantee to VAT~~H~T A~RU~ t Txustee, for the benefit of FARMERS & ~iE~CH~NTS STA~"E $AN~. • , property ~i~clt~d~.ng anq improvements) : ' dot ~ + in Hlvek B ~ of MrT.~M CHEEK RAI~iC~I, F~iASE Yx, an additic~ to Denton Cbur~ty, Te~cas, according to the , L' Map Qr Plst thereof recorded fn Cab~,net G, Slide 3$~, P~.at • F• Recozdsr UentQn county, Texas; and Affidavit of Correction of Erxor dated August 28 ~ ~.~98 r filed Septett►ber 25 ~ 1~~8 ~ recorded in Volume 4S$3, Rage SSD~ ~ Reel Pxapexty Records, Uentvn Caurlty, Texas. ,u Resexvat~.ans from aa~c~ E~ceptians t~ conveyance and i~arranty: • x~ ~y and all easements r~, hte of--wa . ~ aria prescript~,ve rights, whether of record or nit; d1Y r~seritl ~ ' p Y recorded restrictions, resextrat~.o~nsr covenar~ts~ conditions, oaf, . ~t and gas ,eases, mineral. severanves~ and other ,anstrumen~s, other ~r than Ziens anal ec~nveyances, that affect the property; r~.ght$ of Li ►w adjoining owners in any walis and fenoes situated can a coon f~ baundaxy~ any discrepan~iesf canfi~ct~~ or shortages in area ur ~boun./d~tat~y xines; and any ennrc~chments or cverlappi.ng of . , +L~prV MiYG~~r7 A • v` u Grantorr for the ~on~~de~at~ion and subject to the reservations from a~3 ~Kce~~#~rna ~c conveyancee and ~tarranty~ grants ~ sei~s ~ and coRVU~'~ to C~t~ne the property ~ together Frith . all and sfr~gulaz the rights and a~pt~xtenances thereto in any wise ~oelonginq~ to have and hard ~t to Grantee, Grantee's 1~eixs~ • a executors administrators, successors, or assigns forever. ' L ~rento~r hereby binds Grantor ar~d GraY1►tux's heixs, executors adminietratars~ and successors tv warrant and f~~ever defend ~.xl • and singu~.ar the property to Grantee and Grantee ~ s hears ~ _ ,~cu~or-s„---a-~-~tr~t~~uccessa~,-~d-a~s~~ns~-ago-:~n~~~v~ person whdmsaever .awfully cla~.ming or tc claim the same ar any part thereof, except as to the reservations from at~d e~tceptions t~ ~warr~►Dty. . A The vendorrs l~.eri against and superior title in and to the above described property are Retained against the above described property uDti~, the abcve described note and alb. interest thereon Page Une W ~ DEED w~ V~ o 's YEN i~ fu~,~ry laid acGOrdinc~ tt~ its farms, at which t~.me phis shall become; absolute. ~ when the a~nte~t r~quirss, sin~u~,ax~ nouns and Pronouns . ~.nalude the plural,, . PF'S DEVELI~F~jEt~T C~RP~RATIpN . w ~ ~ ley. R ~A IH R. ~T~N, res dent C~r~., r . f ' SHE 5'~ATE CAF TEKAS § . ~ ~oONT~ ~3F DF~tT~N ~ ; r I, ti • finis instru~er~t was $cknawledged betar~ ~a# by DAVx]~ fit. . ~`t~"LT~~ ~ ~residerit of PFS D~E~oF~NT ~pRFDRATION r xas ~~rpa~a~f~n an behalf ~f the ~a~d ~~rpor~tion sr~ the da ~ . pf ~etobe y ~otl1. . . 'r. ti: ~ Natary l~,c nand fir 'lie State o~ ~'exas ' ~H 1 . yr• ~1~ u . ~x4~ ~~f~Ql~ry Pa~lte, ~f~ta TdX~s ' . ~ ,w 4 C~ • • ~ • T.+ ~i i~ ti~ ' w ki r ~ Li . ~ S , I' F L~ r • r' r r, ~i ' i~ 'r a~ . ' J 7 ~ S~ S: ~ i~r ~W r r . 4. ~w 1 r S r.1„ • 4. . r~. i• ' r: ' w ~ r. r' •.r 4 A• ' i M ~ ~ ~ / 1 it ' ~etu~ri tor: • ' i• i r 1. ~ s ~ • ' ~lfi ~eadoW Lane ~ r . nent~n, Texas ?G~a? - ► ~ Fade a - WA T ~ DEED W VFNDOR~ z '  . ~~V~ t ~ ~ + I ~ , • • . F . ~ • i { ~ ~ i i i 5 , 1 i H ~ 5~ . 4 L..i ~ 1: ~ . M CM iw ~ F . • ` , •4s ~ , 1 1 ~ v/ l~~ \ •1 yy f ~ ~ I; • ~ II ~ I ~ ! • • ~ i ' i • .y 1~ i r' • , ' . . ~ ~1~~~~a~f~ iA. Rec~~p~ 5 ~2S , Re~ar~~ rig: ~0 ~ . no~lMg+~~ ~~pc~~y --Jar~~ ~  Afte~° recording retu~•n to: Je~~~ifer welters City Secretary 215 E. Mc~~inney Denton, T~ 76201 CHAPTER 21Z TEAS LOCAL GOVERNMENT CODE NON~ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Cade by _ and between ~ tl~e , City of Denton, Texas the "City"} and ~~~~~T~f ~ ~ ~ ` wners" the ro ert owners of the hereinafter described ~ ~ p p Y o erg the "Pro ert " in Denton Count Texas sometimes individuall or p p Y p Y~ Y~ ~ Y collectively referred to as "Party" or "Parties"; . ~ That proner"~r described ~n a deed tol~~t~~~`rl~ 5~~~f~~~'~~ which is recorded at vol. ~ page of the Deed Records of Denton County, Texas, and commonly known as Tax Parcel No. , ,which is attached hereto as Exhibit A, consisting of approximately res of land. WHEREAS, the City has given notice of its intent to institute annexation proceedings far the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, 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 ar 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. Lac. Gov't Code section 21 ? .17? 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. Lac. Gov't Code section 43.35; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: ~1~1T 1 ~ Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The 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 famil :dweling ay be located or c nstructed on a lot. smaller than five ~5} acres. The property owner may app y o the City far vision of the land subs ec o this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex, Loc. Gov't Code section 212.172~b}, Section 3. ,Governing Regulations., The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in inte~•ference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~ 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 Dento~a, Texas, and the North Central Texas Council of Governments Standard Specifications far Public worl~s Construction, North Central Texas, 3rd Ed.1998 ~NCTCUG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Editio~a with local amendments; b. Inte~~ational Residential Code, 2006 Edition with Appendix G and local an~endrrients; c. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; 2 . e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h, International Energy Conservation Code, 2006 Edition with regional amendments; . i. Natianal 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. 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 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 the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 34 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 We11 platting, drilling and production standards, as contained in ~ 3 5.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, tlae Texas Natural Resources Cade, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. 3 Section 4. Development Plan to Remain in Effect, Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 1 SO calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant .and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan, The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed an the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180~day period during which the Development Plan is in effect. Section 5. A Bement Deemed Void in Part Voluntar Annexation, ~A} If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-l, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such an~~exation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planing and Development 221 N. Elm Street Denton, T~ 76201 Section 7. Recordin .This Agreement is to ~~un with the Property and be recorded in the real property records, Denton County, Texas. Section S. Severability. Invalidation of any provision of this Agreement by judgment ar court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. 4 Section 9. Remedies. This Agreement maybe enforced by either Owner or the City by any proceeding at law or in equity, Failure to do so shah not be deemed a waiver to enforce the provisions of this Agreement therea~er, ,.Entry into this Agreement by Owner waives no rights as to matters not addressed in this tiAgreemenl, 1: ~ s. Section l0, Change in Law. No subsequent ~ chars e in the law re ardin g g g annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section l 1. Venue. Venue far this Agreement shall be in Denton County, Texas, Section l~, 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 ~ern~ a~this Agrreement shall be for a period of five ~5} years from the Effective Date the "Term"}. The Effective Date of the L Agreement shall be the date the Agreement is executed by the City. The Term maybe extended upon mutual agreement of the Parties. Section 14, Survival of Covenants, The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections, The Parties hereto have executed this a Bement as of , Owners THE CITY OF DENTON, TEXAS Ey. City Manag r, Deputy City Manager, or Designated Representative TAE STATE OF TEXAS } CO~JNT'Y OF DENTON } 5  T 's ins ment was acknowled ed before me on the ~ ~ da g yo , 201e by ~ Ea1~'~Y~~6~i''i JG:I~N~~[:~ ~l~I~f'~I( ~~b~y~ ,~~f~r w Notary I'«~~lic, C~t~~i(~ of Toxas PN~, + qe a ` ' ~ ~v~y ~c~m~-nissio~r Pxpires FP~l•,,•~'~,~*, I~r~ f kllti`~~1 N~~~~~~~~a~ . ~N~ ~ . _x ~ ,w ~ ~ ~ ~ ~ ~ Lary pu c, State of Texas THE STATE OF TExAS } COUNTY aF DENTON } This ~nstrunaent was acl~nowled ed before me on the ~ g day ZO~, by l.w. ,r ,~~ii~r~~~ ~~NN~~~~ i,~'' ~Ud,~rr ' ' ~ Nat~ry Pudic, Mate of Texas ,w,!~-', "}r' ~ Niy Commission Expires ~.,:.,~~4;~.~~.~~~~~_- ;M~ ~,s of Pub ic, State of Texas THE STATE ~F TE~.AS } COUNTY CAF DENTON } This instrument was ackno ged before me on t e ~-~..-o. ,2o~C~ by a City Manager eputy City NtanagerlDesignated ~ presentative, on behalf of the City of Denton, Te s 5 Texas - ~ ~ ~ ~~~~~~~~r~r~ ~ it ~ ~ ~ Lary Pu 1 , State of Texas APPR~VED AS Tyr„I~E~~L F~RN~, ANITA B~1.RGES S~ CzTY AT ORNEY ~a- F 1 r i r Exhibit A . w ~A•96-W'A~NTY DEED--With Single, Joint and Wit~'R Stp~rnte Ackanwltdg~mcata ~dARTIN Stationery Co,, Dallar ~ ~ 'S'HE STATE T~E~A,S ~ ' Know All Men B these Presents; DENTIN Y ~ Caunty af 1 i 1 i ~ 1 l That we, FRFDDY .~IcCONNF.L.l. a.nd, wi~~..,. BARB,ARA McCOiVN~L~. a~ f ~ of the County of Dent 0 n ,State of T e ~ ~ s for aad in consideration of the sum of ~ . ti rrrwrrrirsrrr~+rrTEN AND No~~1o0 ~~.~~.oa~ ~ ~ D4~,ARS, r rwwrr~r.rr rr rr r~rrwsr M.a r.~rrnr ' and other,~good and val~.uab].e consideration . ~ F taus , Cash in hand paid by . ~KF.N~NETH~. STFWART an~.d w1 f e, DF LMA F~. ~ ! s STFWART, the 'fu~l l~ rece~ pt of why ch s hereby a.cknow.~edged, v r i - - ~ - ~ ~ k s ~ i . ~ ~ . ~ E f ~ ~ ~ ~ t have Granted, Sold and. Conveyed, and by these presents do Grant, Sell and Convey unto the said ~ KENNETH W, STFWART and wife,~DEEMA F. STFWART E I ~ of the County of D e n~t 0 n , Site of s ~ ~ Texas all that~certafn ~ , ~ ot, tract' or parcel . o.f 1 and si tuated~ i n Abstract No. 1150 the. J.~ McNF.~L STFWART SURVEY, Denton County, Texas., be.i ng. part.'of a certai n 225 ~ acre tract ~ n say d survey conveyed by Ruby L. C.un.n~.ng~h:am et vi r~ ~ to James 5.,. Cunn'i~ngham an January 3, 195.g, re,cor~de.d i n Val ume' X42, } Rage 585, Deed Rec.o_rds. o.f sa~.d County, t.h~s tract. b.e~n~g described as Tract No. 3 r Block "A~"on a plat of a sub~.i;vi.si~a►ti~"o~f said tract far .canvenience~, aid bei-ng. more. art'cu. a NN~NG at ~ ~ 1 rly de.sc~l~bed. as ~fol lows, . BFGI a .steel. sta:ke~ o.n: th.e'~ ~snut~ 1 i ne of said h tract and say d ~ survey a.t a poi S, 89, de.g. 24' E; 5~ 3; 0 feed - the Southwest corner of said tract and said curve ~ from ~ ' THENCE~ND.RTH. D d.e y' ~ g ~ 08' E, X64; 5..f ee.t to a steel ' stake; ~ ~ ~ ENCi~ SOUTH 8g deg. 52' C, with the S.auth t.,~ i ne~ of a fi0 foot road ~4i,5 feet to a steel stake' THF~NCF SOUTH 0 de.g. OS' W,~ 665.5. feet to a steel stake an the South line of said tract and said'surve ; TH.FNCE FORTH 89 .deg. 2~4 ` W. With s a i ~ 1 ' e to the RLAC£ OF Si:G~NN~NG, containing in all ~~.690 ~n 241.5 feet acres of land, ~ SUBJECT to the restrictions shown of record in the County Clerk`s Office.af Denton Cabnty; Texas, . ~ y  II € ~ 9 } i i I TQ HAVE AND T~ HoI,D the above described remises, together with all and singular, the rights and p ff ` ~ ~ , € appurtenances thereto in anywise belonging unto the said { f r KENNETH W, STEWART and wife, DELMA F, STEWART, their p f i is E~ ~ S i t heirs and assigns forever; and w e do hereby bind O U 1^ S e ~ V e 5 , our t E heirs, executors and administrators, to Warrant and li`orever Defend all and singular the said premises unto the s a ~ said KENNETH W, STEWART and wife, DELMA F, STEWART, their ~ ~ s heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part t thereof , } t E Witness o U r hand S at Denton , Texas this ~ ~ t h day of ~ ~ February ,A.~.~~ 7O, a Witnesses at Request of Grantor: ~ i ! _ 'i ~ ~~r~dd c onne~ t, ~ ~ Barbara McConnell ' f I i E ~ ~ t { k E V F THE ST.AT~ ~F 'TE~.A~ o M 1. BEFORE ME, the undersigned authority, ~ DENTON covNTy oF in and for said County, Texas, an this day personally appeared ~ 0 FREDDY McCONNELL and wife, BARBARA McCONNELL ~ r ~ f, f~~::,, known to m~~k,~~~3~`~:(;. ~ ~ ~ ` ~ . n....~.....whose name..~...,.a~'.~......,.subscribed to the forega~ng instrument, and acknowledged to me that f ;t the: perso i ' ~ a F,~ .~,...:h .,t~~f `-~~ecuted =tie `same far the purposes and cansrderatian therein ex ressed, . ~ p ~ . d: ~ . ~ti February. A 70. ~ ' 9 , ~N UNDE:,~~~Y~ HAND AND 5EA~ of OFFICE, This ....day of,... ,D, 19..........., r'~~ ` , ~;r.: ~ f y I ~Y r' `i/ TT + +~l'~ ; ~ ~1{.~f~, ~i~ Denton ~ ~ . ~ Notary Public ...........................................................................County, Texas  m.y uommission mapirms junu ...........i......................... , ,x...,..,~..~ I . i 3 My Commission Expires June 19........E ~ ~~E ST~.TE ~F TEN~A.S BEFORE ME, the undersigned authority, j COUNTY OF ~ f 1 1' e in and for said County, Texas, on this day personally appeared ~ wife of......................................,....,................,.................,........................................... I known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and ' ~ apart from her husband, and having the same fully explained to her, she, the saYd t .....................................................................:...........................................................................acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same far the purposes and consideration therein expressed, and that she did not wish ~ ~ to retract it, G#VEN UNDER MY HAND AND SEAM OF OFF#CE, This ............................day of....,..,.................................................., A.D. 19............ ~ ~ ~ ~~.s.} Notary Public ...........................................................................County, Texas 1~y Commission Expires June..,.....,.,... 19............ 'SHE ST.~~'E ~F TEN~A.~ BEFORE ME, the undersigned authority, ~ COUNTY OF I in and far said County, Texas, an this day personally appeared ...............................................................................................................................and........................................,......................... ...................................................,.. ~ a his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said 1 wife of the said........,.....,........................................,.....................,...,......................,having been ~ examined by me privily and apart from her husband, and having the same fully explained to her, she, the said ...........................................,.............................~...................acknowledged such instrument to be her act and deed, and . she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish p, to retract it, GIVEN UNDER MY HAND AND SEAI, OF OFFICE, This ............................day of...,..........................................,..........., A.D. 19............ ~ ~L,.S,} . i ' Notary Public ...........................................................................County, Texas ~ My Commission Expires June 19............ ~ ~ ~ s ~~E s~~.~rE of ~rEN~~ a ~ ..........................r ~ ...r.......u ................•............................r....•«........... f CovrtTY OF ! County Clerk of the Caunty Court of said County, do hereby certify that the foregoing instrument of writing dated on the ' E .............................,..day af........,......................................., A,D, 19.........., with its Certificate of Authentication, was filed far record in my office , a an the ........................day of.........,...........................,........... ......................a'clock................M., and was duly recorded this.......... A,D,19 at.. da of A,D. 1~.... at.. Y .....o'clock ................M,, ~n the Records of said County, in Vol- , f ~ lime t an pages.......,........................,....., ~ WzTNESS m hand and scat of the Count Court of said Count at office in ~ Y Y Y, , 9 r .............................................................................................................................,.the day and year last above written, 1 I~ • I p Clerk County Court ....................................................................................................County, Texas, s (Ir.S,~ By Deputy.  I ~ i i 4 ' V rOi}t ~ ~ i ~ w 1 ~ 1 1 1 ! ! 1 i 1 ! ~ 1 [7{1 1 1 t i 1~ 1 1 ~ 1~ H I1 1 11~y 1 ~ ^I 1 f ~ 1 1 f 1 / w.~1.~J1 i i i 1 1 1 1 ~ 1 _ k 1 1 ~ ' [ 1 ~ 1 1 1 1 I ~ E ~ E ~ ~ ~ ~ ~ ' ran d ~ ttg I.y 1 y 1 , t ~ ~ 3 ! 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C~~E1~ /.il_d~~ f~«~r l~y .•.........~~y ..._--•___.._....__~,.:J. Uti~~..~~~~~Y~l~ia~.......- ..._..[YI.~ ~IE j ~ VV11,aif1~ ...r.. ilrl•_~ ~_Mrr!._....___....-..._...............4F ti"~ 1 r it i i i ...........................»......._....._._......._..._....._.-...---..3i2CCti t~S J~ ~r 1-~ i;)i 1, ~ . V~it~~ess my hand and seai of office at f~entcn, Texas, fire CI~F~ ._~;I ; Jr,y~~~- iws~~ agave written. i ~ l~f•~~:Tf~ I~~~li-~~~~.~ By. Ntl.kl~k~i.~1143a1t,A~~lliYkr eputy Cleric of ~~e Cou~iy CoUr~, Denton Ca., Texas .i - I~ i I . ! E~ S 1 #  After recording return to; Jennifer Walters City Secretary 215 E. IV1cI~in~1ey Denton TX 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CGDE NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex, Local Gov't Code by and between the City of Denton, Texas the "City"} and Edna Marlene west, Brenda Jean Green, Truda Marlene Jacobs, James Neal West, Jay Edwin west and Sammie Jo west ~"Owners"}, all being all of the heirs at law ~of James Enoch west and being named beneficiaries in a certain ~u~probated Last will and Testament of James Enoch west, dated March 14,1997, and First Codicil dated February 22,1999, the property owners of the hereinafter described property the "Prope~•ty"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties"; ~1} That 19.23 acres of land, more o~• less, described in a certain Deed, dated on or about January 12, 1996, from the Veteran's Land Board of the State of Texas to James E, west, and recorded as document number 003867 of the Real Property Records of Denton Caunty, Texas; LESS and EXCEPT that 1.00 acres of homestead property located within said 19,23 acre parcel, that was previously conveyed or assigned to James E. west as a fractional severance, recorded as document number 15408 of the Real Property Records of Denton Caunty, Texas, and which is commonly identified as Denton Central Appraisal District tax ID 37478; ~2} That 1.507 acres of land canveyed by wa~•ranty Deed, dated on or about July 12, 1965, from David Mulkey to James E. west, and recorded in Volume 533, Page 115 of the Real Praperty Records of Denton County, Texas; Said combined parcels, less the severed homestead parcel, comprising 19.73 acres more or less, and commonly identified as Denton Central Appraisal District tax ID 37479. The refe~•enced inst~l~ments of conveyance and severance are attached hereto for reference as Exhibit A. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Gwners and tl~eir respective successors and assigns for the tertll of the Agreement; WHEREAS, the Denton County App~•aisal District records show that the Property currently is appraised for ad valorem tax purposes as land far ag~•icultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, a~• E; and 1 ~iIT WHEREAS, OWNERS represent that it is their intention not to develop tl~e Property du~•ing tl~e tei•nl of this Agreement; and WHEREAS, Tex, Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc, Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in co~asideration of the mutual covenants contained herein, the Pa~•ties hereto agree as follows: Section 1, Continuation of ETJ Status. The City guarantees the continuation of the ext~•aterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement, Section 2. Development Plan, The Owners covenant and agl•ee that use of the Property for tl~e term of this Agreement and any extensions agreed to by the Parties shall be limited to farm~related and ranch-related uses and customary accessory uses, and single~family detached fans or ranch dwellings, provided that no singleWfamily dwelling play be located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land sub j ect to dais Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Ag~•eement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex, Loc. Gov't Code section 212.172~b}, Section 3, Governing, Regulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management o~• forestry purposes and does not prevent the continuation of a use established p~•ior to the effective date of this Agreement and which ~•emains lawful at tl~e time tlae Agreement is executed: ~1} Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the ~RD~S} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable 2 Design Criteria Manuals ~inch~ding construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Gove~~.nents Standard Specifications for Public worl~s Construction, North Central Texas, 3rd Ed.199S ~NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 2S and 29, and DDC Subchapter 24, adapting: a. Inte~•national Building Cade, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The Intei•~~ational Fi~•e Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local anlend111eI1tS; 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 amendme~ats, j. National Elect~•ic Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Cade § §28-3 83 437 and § ~ 17-141 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§25-441- 457; and m. Moving Buildings, Denton Code ~§2$-326 - 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable wate~• and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ox•dinances, 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; 3 Applicable Flood Protection, Drai~aage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Cade, as amended, Texas Natural Resources Code, as amended, applicable administ~•ative standards of the Texas Commission on Enviror~nental 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 naent Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and pe~•manent zoning of the Property, whicheve~• first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Prope~.•ty during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners fu~~her agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 1 SO-day period during which the Development Plan is in effect. Section 5. A reement Deemed Void in Part Voluntar Annexation. ~A} If an Ownez• files any application or plan of development for or otherwise colnnlences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void, ~B} The~•eafter the City may initiate annexation of the Property pursuant to Tex, Loc. Gov't Code subchapter C-1, or other such other provisions gove~~ing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation 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 43.05, or successor statute, 4 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; Directoz• of Plan~~ing and Development 221 N, Elm Street Denton, Tx 7201 Section 7, Recordin ,This Agreement is to non with the Property and be recorded in the real property records, Denton County, Texas, Section 8, Severability, Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect, Section 9, Remedies. This Agreement maybe enforced by either Uwner o~• the City by any proceeding at law or inequity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter, Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement, Section 10, Chan e in Law. No subsequent change in the law regarding arll.~exation shall affect the enforceability of this Agreement or the City's ability to annex the p~•aperties 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 instrun~ent, Section 13, Tenn and Extension, Tlae initial term of this Agreement shall be for a period of five ~5~ years from the Effective Date ~tl~e "Term"}, The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term maybe extended upon mutual agreement of the Parties, Section 14, Survival of Covenants, The covenants in Sections 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections, The Parties hereto have executed this agreement as of ~ ~ ~ , 2010, 'I 5 owners Edna Marlene West Brenda Jean Green Truda Marlene Jacobs ..b~ ~~"y,•. 4 Ja es Neal West Jay E in West a 1~1e Jo. West TIDE CITY OF DENTGN, TEXAS By~ City Mana er, Deputy City Manage~•, ar Desigzaated Representative THE STATE GF TEXAS ~ COUNTY QF DENTQN ~ ~ This instrument was acl~nowledged before me on the ~ day of January, 2010, by Edna Marlene West, ~A~ ~ ota~y Public, State xas 6 THE STATE of TEAS } COUNTY CAF DENTC~N } This instrument was acknowledged before me on the ~ day of January, 2010, by Brenda Jean Green, Notary Public, State of Texas THE STATE aF TExAS } COUNTY OF DENTON } This instrument was acknowled ed before me on the ~ da of Janu r g ~ y a y, 2010, by T~-~lda Marlene Jacobs, a,~~i~~; ►,g%,,~SCEPHANl~ lYNfa C~E,MMQH ~ ~i. NotaNComrnissiane~xpl es ~ Y '••~,'f February 1~, 2013 Notary P blic, State of exas THE STATE OF TExAS } COUNTY OF DENTON } This instn~ment was acknowledged before me on the day of January, 2010, by Janes Neal west, ,~~'~~~v'~-, S~~PHANI~ tYNN C~~MMaI~S v+' ~ : Notary PubEic, State Uf TeXas My Commission Expire '•1~~;r'~~~t}' Februpry 14, 2013 Notary blic, State of Texas 7 ~1~ ~~'e~e ~ ~ ~1~enC~a ell Trudy N~arlene Jacobs James Neal west k Jay Edwin Nest Sammie Jo west THE CITY ~F ~ENI'~N, TEAS By; ~i~r ~anage~, Deputy ~i~ Nlanagr, or ]~es~gnated Represeut~tive T~ STATE (~F TExAS ~ C~3UN'"~ ~F DENTC~N ~ Th1s ~nstru~nent was acknowledged before me on the day of January, Z~ 1 . by Edna Marlene West. Notary ~u~blic, State of Texas  ■ THE STATE CAF TEXAS ~ ~(]t~TY QF ~lENTO~ } 4 T~.s instrument was ack~owled ed before me o~. the ~ day of January, ~~~~a by Bre~.da Jean green. Na P 1~c, fate of eras ~~ti4i~~Iry~ MA~CAN ~A~N~1T THE STATE ~F TE.A.S ~ .+`~~~~Y ~U~''-. Notary Pubiic, State of Texas . My Commission Expires E~T~1~ .,,'I! f~~ti 1,`' August U1, 2012 ~~3UNTY ~F ~ ~ Tb~s i.~nstrume~nt was acknowledged before me an ~e ~ day of January, ~~1~, by Trudy ~Iat~ene Jacobs. Notary Fub~ic, State of Texas THE STATE ~F TES ~ ~~1.]NT~ CAF ~ENT~N } This ~:strument vas ack;u~wledged before me o~. the day of Jnuary, . by James Nea.I west. ~atary Fub~Ga State of Texas 7  ■ THE STATE 4F TE~A.S } CC~tTNTY ~F DENTIN } This instr~~ment was acl~nowledged before me on the day of January, 201 by Jay Edwin VL~est. P r Notary Public, State of xas THE STATE OF TEAS } COUNTY OF DENTCN } This instrument was acl~~~owledged before me on the day of January, 201 by S ammie Jo west, ~ Notary Public, State of Te ' s THE STATE OF TEXAS } COUNTY OF DENTIN } This instrument was acl~. e ged befor me on th day of ,2010, by ~ IVMa a e • eputy City ManagerlDesignate ~ Representative, on behalf of the City of Denton, ati~~ fi~ Y+A ~r~~i A ' Notary p«~li ~ ~~~~~5 M N + G, ~t8t(~ Q~ r~~`~~;~o~ ~~,~Mab ~~~~1~~lon Ex texas ~~~~~~~r 7 ~ ~ Lary Pu lic, State of Texas APPROVED AS ,TO= LEGAL ~F~ ANITA BURGES S, CITY ATT~ EY OVA - ~ BYp~~ S _ ,i _ - t ra w - . _ ' ~l ~ by t; STATE GF TExAS ~ VLB Account 375-046157. ~ . COUNTY GF TRA'~IS . ~ DEED GRANTUR: Veterans Land Board of the. State of Texas, 170 North Con ress Avenue, Austin Texas, pursuant to the Texas Veterans Land Act, as amende , GRANTEE; James Ewest - ~ . RR I Box 49ow, Denton, T~ 76207-9234 C[]NSIDERATI~N: SEVEN THOUSAND FIVE HUNDRED AND 0011oU . ~ DOLLARS~~*~~~~~~~ . $7,500.00 4, PROPERTY: , All , hat, certa~ ~ 19 , 23 ~ acres, . ri~ore, or less, more full descr~b~d in the Warran - - t ,Y - Deed a the "veterans, Laud B~axd~ dated:~A~ r~1~.19.,.:1965, ~ recorded ~~~n~,Volume 523, Page 476, eed, ~ , Records of DENT4N Counity Teas; ~an ~~urther described in that Contract of Sale ~~and Purchase dated May 3 ~ ~ 1965, recorded in Volume 523, Pa e 475, ~ Deed Records of DENTON Count ~ y, Texas . Together with and subject to an and all easements and a urtenances as set forth or ertainin to y pP ~ p g the referenced deed and contract of sale, GRANTER, for the stated consideration, does hereb release and conve unto James E west Y that certain tract of land more fully described in the a ove referenced 'warranty Deed and . Contract of Sale and Purchase. ~ This conve,~ance is made subject to any and all reservations, exceptions and conditions contained rn the deed conveyrn the property to the 'veterans Land Board, the above referenced contract of Sale;:an Purchase and any subsequent severances andlor assn nments thereof. It is further subject to all easements, r~ htsWof~way, and prescriptive r~gh s, whether of~ record or not'; and all restr~ctxons, reserva ions, covenants, condemnations, conditions, oil:.and gas leases, mineral severances,, and other recorded instruments that affect the-,property. It is agreed and understood that in the event that a atented surve of which the above described tract of land is a art, contains excess acreage, or at unsurve e 'school land is contained within Y the boundaries o the above described track of land, said board by the execution of this deed does nol ~purp}ort to grantor, convey .any right, title, or interest in and. to .such .excess acreage or ~nsurveyed schoo~~-land. ~ ~ ~ - . . V~'ITNESS ~ ~Y HAND AND SEAL OF THE. VETERANS LANDBOARD OF THE STATE ~ OF TEAS., an January 12, 1994. David Gloier ~ ~ . ' Executive Secreta , . ~ VETERANS LAN BOARD ~ ' OF T~3E STATE OF TEAS Approved as to Contents : vg . . . i I50---WARRAhf7Y ~~~I] (W11'H r/~NpDR'6 ~.I~N3 7EXA6 &7ANpARA F'OtiM ' ~i~ art D E N T O N That T~ DAVID MULKEYi not joined herein by my wife for the reason that the hereinafter described property constitutes no part of my homesteads of the County of Denton State of Texas far and in consideration of the sum a# ~ - ~ - ~ -TEN AND NO/100 ($10, 40) - - - - w w DOLLARS and other good and valuable consideration to me . paid, and secured to be paid, by JAMES E. WEST ' as #allaws TEN AND NQ/100 (~10.,00y Dollars and other good and valuable consideration to me paid and secured to be paid by JAME5 E, WEST the receipt of which is hereby~acknowledged~ and the balance of said consideration i,s evidenced by the execution and delivery by the said JAMES E. WESTi of his one certain monthly ~,nstallment Vendor's Lien Note of even date herewith in the principal sum of FIVE HUNDRED THIRTX-FIVE AND NO/100 ~.~535,00~ Dollars bearing•interest from date at the rate of six and one~half per centum ~6-1/2~y per annumr both principal and interest payableYta the order of the Grantors DAVID MULKEY~ and both principal and interest .being payable in equal monthly installments of TWENTY-FIVE AND N0/100 ~$25,OOj Dollars eachr including interests beginning vn or before' the twelfth (i12th~;day of August, 1965, and continuing on or before the lath day of each succeeding month there-~ after until paid in fully said note containing the usual default and attorney's fees clausesr and in addition to the Vendor's Lien herein retained to secure the payment of said notes a Deed of Trust is this day given to W4 C, Orrs Jr.s Trustee fox the benefit of the holder of said notes have Granted, Sold and Conveyed, and by these presents da Grant, Sell and Convey, unto the said JADES E. WEST of the County a# Denton State a# Texas all that certain tract or parcel of land situated in the J. McNeil Stewart Survey] abstract 1150s Denton Countys Texasr being part of a certain 225 acre t tract in said survey conveyed by Ruby ,L.~ '-Cunningham. et vir r to •James S, Cunningham vn January 3s 1959 recorded in Volume 442s Page 685s Deed Recor~5 Af said County and being more particularl~i described as follows: Beginning at a steel pin in a fence on the NORTH LINE pF SAID 225 acre tract at a paint S. 89° 09' E, 1338.0 feet from the Northwest corner of said 225 acre tract; Thence S. 0° 08' W, 194,2 feet to a steel pin at the Northeast corner of the Easternmost four 19.23 acre tracts surveyed out of said 225 acre tract; Thence N, 89° 52' W. with the North line of said 19.23 acre tract 334,5 feet to a steel pin at its Northwest corner,. Thence N, 0° 08' E. 198,4 feet to a steel pin in the fence on the North line of said 225 acre tract; Thence S. 89° 09,f' E, with said fence on said lane 334.5 feet to the place of beginnings containing in all 14507 acres of sand,  . V V Y y ~ ~ J V v ~ ~ ~ r Y Y ` ~ Y i r • , TQ~ HAVE AND T(] HOLD the above described. premises, together with all and singular the rights arid appurtenances thereto in anywise belonging unto the said ~ - . JAMES E. WEST his ~ heirs and. assigns forever and ~ I - ~ ~ do hereby bind ~ myself ~ my heirs, executors.. and administrators, to Warrant and 'Forever Defend, all and singular the said premises unto the said JAMES E, WEST .his ~ . heirs and assigns, against every person whomsoever law.~ully claiming, or to claim the same, ar any part thereof, . . But it is expressly agreed and stipulated that the Vendor's Lien is retained against the above ' described property, premises and improvements, until the above described Hate ,and all interest thereon are fully paid ~.ccording to its face and tenor, effect and reading, when this deed shalt become absolute, .,1 _ ~ ~ WrTNESS my hand at Denton r Texas ~ _ - _ this lzth day of Julys X9.65. x 7 ` ~ DAVTD MULKEY Witness at request of Grantor;  s~xGLE AcxlvaWLEDG1f~EivT THE STATE 4F TEXAS, couNTY of D E N T p N BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared ~ ~ ~ DAVxD MULKEY r~''t'!~'a to nab too be the person whose name ~.S subscribed to the foregoing instrument, and acknowledged to ~ nie than: ~'~h~r~ executed the same for the purposes and consideration therein expressed, Ny, f' ..1 ; ~!,~GIVi1~~~N~-DER MY HAND AND SEAL QF QFFICE, this the ~daq of A, D, 19 t.;.,,, August 65 ' :4+ + ~ ~ ~ Notary Fublic in and for County, Texas FIFE'S SEPARATE ACKNO~PLEDGMENT THE STATE 4F TE~A.S, COUNTY OF BEFORE ICE, the undersigned, a Notary Fublic in and far said County and State, on this day personally appeared wife of ,known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same far the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL QF QFFICE, this the day of ~ ~ A, D, 19 . ~L. S,) Notary Public in and far County, Texas QUINT ACT~1~l0~LEDG141ElVT THE STATE OF TEAS, COUNTY OF BEFORE ME, the undersigned, a Notary Fublic in and for said County and State, on this day personally appeared and ;his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same far the purposes and consideration therein expressed, and the said , wife of the said having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said acknowledged such instrument to be her act and deed, and she declared That she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of A, D. 19 {L, S.) No#ary Fublic in and for County, Texas I i THE STATE 4F TE~.AS, ~ coUNTY of .I HEREBY CERTIFY that the foregoing instrument of writing with its certificate of authentication, was filed for y~ record in my office an the day of , A. D, 19~~ at ~~,~(~o'clack ~ M., and was duly recorded by me on the / day of ~ A, D. 19 ~ in Vol, ,page ~1,~`~ , of the Retards of said County, WITNESS MY HAND and the Seal of the County Court of said County, at my office in the day and year last above written, ~L, S,) ~..~r...~..................................................... County Clerk County, Texas _ By Deputy, y, 4 •1w , ~ ~ 1 ~ ~ ~ ~ ~ ~ ~ ~ ~ x ~ ~ ~ `1~ E ~ i = ~ ~ a i f~ iU 1~ ~ U Ea, ~ o ~ A j~, IA A ~ ~ j~, A I 1 l ~ , O • ~.In U ~ ~ ~ ~ W ~ ' li ~ ~ ~ ~ ~ /~1 t7~ ~ d ~ ~ • A W ~ ~ ~ ~ I ~ ~ ~ ~ ~ ~ ~ ~ W ~ w q t i ~ ( ~ I ~ ! i a ~U :4. After recording return to: Jennifer Walters llaneausll~lannexat~onslc.l, yeatts 1,98 ac,doc City Secretary 215 E. Mc~~nney Denton, TX 76201 CI~APTER 212 TEXAS LGCAL GOVERNMENT CODE NGN~ANNEXATIaN AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex, Local Gov't Code by and between the City of Denton, Texas the "City"} and C, L. Yeatts ~"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 1,9$ acres of land, more or Less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated November 23, 1965 from David Mulkey to C. L, Yeatts, filed for record on February 7, 1966 and recorded in Volume 534, Page 171 of the Real Property Records of Denton County, Texas, Said 1,9$ acres of land, more or less, is commonly known as ~C.~D Property I~ .~o, 3742, WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex, Loc, Gov't Code ch, 43; and WHEREAS, owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, owners and the City acknowledge that this Agreement between them is binding upon the City and the owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc, Gov't Code section 43,035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc, Gov't Code section 212,172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43,035; 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: ~~f~~T d 1 ~ ,  La s;lour dacumentslmisce~laneausll0lannexatianslc,l, yeatts 1.98 ac.doc Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to the provisions of this Agreement, Section 2. Development Plan. The owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located ar constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172~b}. Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~1 }Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed.1998 ~NCTCGG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 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, 2406 Edition with local amendments; 2  s:lour dacumentslmiscellaneausll0lannexatianslc,I, yeatts l,g$ ac.dac e, International Fuel Gas Code, 2006 Edition with local amendments; f, International IVlechanical 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 §~ZSW3S3 - 437 and §§17-141- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code § §25441- 457; and m. Moving Buildings, Denton Code § ~2$~326 _ 375; ~4~ Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources 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 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$0 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the 3 s;lour documentslmiscellaneous1101annexationslc.l, yeatts 1,98 ac,doc 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 18o~day period during which the Development Plan is in effect. Section 5. A reement Deemed Void in Part Volunta Annexation, ~A} If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex, Loc, Gov't Code subchapter CWI, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not sub jest to the requirements and procedures for an annexation plan, as required by Texe 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, T~ 76201 Section 7. Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas, Section 8, Severabilit~. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or inequity, Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter, Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section l o, Chan~,ge in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. 4 s:lour documentslmiscellaneous1101annexationslc,l, yeatts 1.98 ac,doc Section 11, venue, Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies, This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument, Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five ~5~ years from the Effective Date the "Term"}, The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties, Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. r' ~ The Parties hereto have executed this agreement as of , 2010. Owners . ~ C. L. Yeatts THE CfTY OF DENTON, TE~.AS ~y. City Manage ,Deputy City Manager, or Designated Representative THE STATE OF TEAS } COUNTY OF DENTON } This instrument was acknowledged before me on the day of , 2010, by C, L, Yeatts. ti ~ CHAT Notary Public, State of Texas ~ Notary Putaii~ State q} Tqx ~ ~Y CC~MI~~IO~i ~~~iRi s ~ 5 s:lour dacumentslmiscellaneous1101anneYationslc.l, yeatts 1,98 ac.doc THE STATE OF TEXAS } COUNTY OF DENTON } This inst ent wa acknowledged before ~on~the ~ day o ,20~~? by ' Manager eputy City Manag rlDeslgnated Representa ve, on beha f of the City of Denton, Texas. ►►t~~~l,, ~~{{~~``ttpp~± t~rA o any Pu i State of Texas 4y~~~,~~,~YP~~~~~ ~~iVl'dlP~i~ Y1I1~~~ ~ N~t~~y ~~ll~, ,~Ip~ iii ~~~~~i~~~~h ~~~~~~A APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY.ATTO- EY ..y ~r BY: r ~ l~ i it i i I After recording retu~~n to : Jennifer wafters laneousllQlanr~exationslc.l. yeatts id no. 3'1459.doc City Secretary 215 E. Mc~~i~.uley Denton, TX 76201 CHAPTER Z1Z TEXAS LOCAL GOVERNMENT CODE NON-ANNEXATIGN AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and C. L. Yeatts ~"Gwners"}, the property owners of the hereinafter described property the "Praperty"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 1.98 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in the First Tract of that certain warranty Deed with Vendor's Lien dated August 3, 1965 from David 11~ulkey to C, L. Yeatts, filed far record on August 13, 1965 and recorded in Volume 527, Page 43 of the Real Property Records of Denton County, Texas, Said 1.98 acres of land, more or less, is commonly known as DCAD Prope~~y ID No, 37459. wHEREAS, the City has given notice of its intent to institute annexation proceedings for the Praperty in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; wHEREAS, Gwners and the City acknowledge that this Agreement between them is binding upon the City and the Gwners and their respective successors and assigns for the term of the Agreement; wHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and wHEREAS, awNERS represent that it is their intention not to develop the Property during the term of this Agreement; and wHEREAS, Tex, Lac. Gov't Code section 43.03 5 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex, Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering rota an agreement authorized under Tex. Loc. Gov't Code section 43,035; and wHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NGw, THEREFGRE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: ~ 1 ~ . s;lour documentslmisce~laneousllalanncxations~c~l, yeatts id na 374S9.doc Section 1. Continuation of ETJ Status, The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan, The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranchyrelated 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 eve ~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 Cade ~"DDC"}, as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specif~catians for Public Worl~s Construction, North Central Texas, 3rd Ed.199S ~NCTCC~G Manual}; ~3} Denton building codes, as contained within Denton Cade Chapters 17, 2S and 29, and DDC Subchapter 24, adopting; a. International Building Code, 2006 Edition with local amendments; b, International Residential Code, 2006 Edition with Appendix G and local amendments; c, The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; 2 s;lour dacurnentslmiscellaneousll~lannexationslc.l. yeatts id no. 37459,doc e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code ~ §28-3 83 43 7 and ~ § 17-141- 210, as amended and as applicable; 1. Irrigation Standards, Denton Cade § §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 Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4, Development Plan , to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 1 SO calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the 3 s;lour documentslmiscellaneous1141annexationslc,l, yeatts id no, 37459,doc 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 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 Part Volunta Annexation, ~A} If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void, (B~ Thereafter the City may initiate annexation of the Property pursuant to Tex, Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist, Gwners expressly and irrevocably consent to annexation of the Property under such circumstances, Owners further agree that such annexation by the City shall be deemed voluntary, and not sub j ect to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43,052, or successor statute, Section 6. Notice of Sale, Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 3o days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N, Elm Street Denton, TX 7621 Section 7. Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Seyerability, Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect, Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity, Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Uwner waives no rights as to matters not addressed in this Agreement. Section lo, Chan e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. 4 s:lour documentslm~scellaneousll0lannexatianslc.l. yeatts id na. 37~5~,doc Section 11. Venue, Venue for this Agreement shall be in Denton County, Texas, Execution ~n Section 12. ' Mutiple 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 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 Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections Z, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreement as of ~ , X010. Owners r C, L, Yeatts THE CITY OF DENTON, TExAS ~y: City onager, Deputy City Manager, or Designated Representative THE STATE OF TExAS ~ COUNTY OF DENTON } This instrument was acknowled ed before me on the da of g Y 2010, by C. L, Yeatts. ~ ~ l Y A.~ Notary Public, State of Texas ~ Notary P bliG Ste~t~ ~ T ~ SAY ~MiIbN E 4~ 5 s;laur documentslmiscellaneous1141annexationslc,l, yeatts id na, 37459,~ac T~ STATE OF TEAS ~ COUNTY OF DENTON ~ his instru nt was ac owled ed before the day of ,2~~, b Y ~ City Manage (Deputy City Manage IDeslgnated Representatly , on behalf o the City of Denton, Texas. ~r w No y Public tate of Texas 4~~41~~ ~ ~ ~ d~l~~d :,,rf`~, ,~f~~ My ~~r~ir~l~~f~~ ~~ir~~ rr~'f~~►°~,~~~~~~ ~~e~~l~~~ ~ APPROVED AS TO LEGAL FORM: ANITA BURGES S,- CITY WATT EY BY: ~ _~w - 6 er recordzng return to. Jennifer falters ;1laneousll0lannexationslc,l, yeatts id na 374b0.dac City Secretary 215 E, Nlc~~inney Denton, TX 76201 CHAPTER 212 TExAS LUCAL GUVERNMENT CODE NUN-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and C. L, Yeatts ~"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 1.998 acres of land, more ar less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in the Second Tract of that certain Warranty Deed with Vendor's Lien dated August 3, 1965 from David Mulkey to C. L. Yeatts, filed for record on August 13,1965 and recorded in Volume 527, Page 43 of the Real Property Records of Denton County, Texas. Said 1.995 acres of land, more or less, is commonly known as .DCAD Properly ID .~o. 3 7460, 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 ar wildlife management use, or timber land pursuant to Tex, Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212,172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; ~fT d 1 ~  l~ 1 s;lour documentslmisceilaneousll~lannexationslc.l. yeatts id no, 374~~,doc New, TfIEREFGRE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1, Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2, Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm~related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single~family dwelling maybe located or constructed on a lot smaller than five ~5} acres, The property owner may apply to the City for division of the land sub j ect to this Agreement into parcels, each of which is at least five (5}acres in size, for the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212,172~b}, Section 3. Governin Re ulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed; ~1} Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the ~RD-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 ~NCTC~G Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 2S and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c, The International Fire Code, 2006 Edition with local amendments; 2 s:lour documentslmiscellaneoUSll0lannexationslc.I, yeatts id na. 374d4.dac d. International Plumbing Code, 2006 Edition with local amendments; e, International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments • g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h, International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k, Minimum housing and building standards, Denton Code ~~28-383 - 437 and ~ § 17-141- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code ~ §2$-441 457; and m. Moving Buildings, Denton Code ~~28-326 375; ~4} Sign regulations, as contained within Subchapter 1 S of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas 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 an 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 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$0 calendar days thereafter, or until the effective date of the annexation and 3  s;lour dncumentslmiscel(ancous~l0lanne~ationslc.l. yeatts id na. 37460.doc permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application, The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect, Section 5. A reement Deemed Void in Part Volunta Annexation. ~A~ If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void, ~B~ Thereafter the City may initiate annexation of the Property pursuant to Tex, Loc, Gov't Code subchapter C~1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale, Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 34 days written notice of this A reement to the g 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 Plannin and Develo ment g p 221 N, Elm Street Denton, T~ 76201 ~i Section 7. Recordi~. This A reement is to run with the Pro ert and be recorded in the g p Y real property records, Denton County, Texas. Section 8, Seyerabil ty, Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect, ' Section 9. Remedies. This Agreement may be enforced by either Owner or the Cit b YY any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. 4 s,laur dncumentsltniscellaneousll Olannexat~onslc.I, yeatts id na. 374b4,dac Section lo. Chan~n Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue, Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension, The initial term of this Agreement shall be for a period of five ~5} years from. the Effective Date the "Term"}. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 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 , ~o l Owners C. L, Yeatts THE CYTY OF DENTON, TEAS By' City Manage ,Deputy City Manager, or Designated Representative THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the day of ~ , l by C. L, Yeatts, , 1'j , ;rir ~a;~U~~. C~~~~rt~~ D~ Nota Pu lic .State of Texas Notary ~ubiic St~t~ 01 Tex ~ ' ~Y ~v~+Miss~oN ~~~i~~s or of ~ i~+ A~arGh 2, 20t $ ~ ~r~;~ 5 s:lour documentslmiscellaneousll0lannexationslc,l, yeatts id na, 3'1~GO,doc THE STATE OF TE~.AS } COUNTY OF DENTUN } . 1~., This instru nt was ac owledged before me n the- day of ,2a~, by ity anager eputy City Manage (Designated Representativ , on behalf o the City of Denton, Texas. d~~P';"''``'~ ; t Y Pubi' State of Texas ti,~ pr P~aa~ C~ ~6 WA~T~ ivy ~~~i~~f~~i~r~ ~~ir~ ~6i~4i``~r pp~~ ~r~: ~r~~l~~►~~~ ~~~~~~~~r ~ li~ ~,r APPROVED AS TO LEGAL FARM: ANNA BURGES S,w CIT~~ ~ATT~C~ Y BY, F i 6 After recording retur~l to. Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON~ANNEXATION AGREEMENT This Agreement is entered into pu~•suant to Section 212,172 Tex, Local Gov't Code by and between the City of Denton, Texas the "City"} and Don Aaron Yeatts and Emily Jane Yeatts ~"Owners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively refel•red to as "Party" or "Parties"; Being Lot 9, Block A, of Milam Creek Ranch, Phase 11, an Addition to Denton County, Texas, according to the xnap or plat thereof recorded in Cabinet 0, Slide 3 85 of the Plat Reco~•ds of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain warranty Deed dated March 30, 2001 from PFS Development Corporation to Don Aa~.•on Yeatts and wife, Emily Jane Yeatts, bled for record on April 5, 2001 and recorded in Volume 4810, Page 2067 of the Real Property Records of Denton County, Texas. Said Lot 9, Bloch A, Milam Creek Ranch, Phase lI, is commonly known as DC~4D P~ope~ty ID ~o, Za2~D9, WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Prope~•ty in accordance with Tex. Loc, Gov't Code ch, 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Gwners and the City acknowledge that this Ag~•eement between them. is binding upon the City and tl~e Gwners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Propert~r currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pu~•suant to Tex, Tax Code chapter 23,C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the teen of this Agreement; and WHEREAS, Tex, Loc. Gov't Code section 43,035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex, Loc, Gov't Code section 212,172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex,, Loc, Gov't Code section 43.035; and WHEREAS, this Ag~•eement is to be recorded in tl~e Real Property Records of Denton County, Texas; ~I IT 1  _i New, T~3EREFGRE, in consideration of the mutual covenants contained herein, the Pa~•ties hereto agree as follows; S ect1o11 ~ , 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 defiled, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to the provisions of this Agreement, Section 2, Develo n~e,a , _ ~ t Plan, The owners covenant and agree that use of the Property for the term of this Agreement and any exte~lsions agreed to by the Parties shall be limited to farmrelated a11d 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 s~llalle~• than eve ~5} acres, The property owner nlay 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 ~ 12.172~b}. Goyerl~in Re ulat,: Section 3 , g , g , , ions. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management ar forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time tl~e Agreement is executed. ~l} Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan,1999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including .construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Cent~•al Texas Council of Governments Standard Specifications for Public worl~s Construction, North Central Texas, 3rd Ed.1998 ~NCTCOG Manual}; (3} Denton building codes, as co~ltained within Delltozl Code Chapters I7, 28 and 29, and DDC Subchapter 24, adopting; a. Ir1te~~lational Building Code, 2006 Edition with local amendments; b, I~lternational Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; 2 d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f, Inte~~ational Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; 11. Inte~.•national Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; l~. Minimum Dousing and building standards, Denton Code §§28-383 437 and §§17-141- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28M441- 457; and m. ~OV1I1g B~.llldings, 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 Env~ron~nental 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 througD 19 of the DDC, as amended, floe Denton Drainage Criteria Il~anual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natu~•al Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapte~° 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, 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, floe Development Plan set fo~•th in Section 2 shall remain in effect for a pe~•iod of 1 SO calendar days thereafter, or until the effective date of the annexation and 3 pei~~anent 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 foi• the Property during such period if such application or plan is inconsistent with the Development Plan, The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application, The Qwners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 1 SO-day period during which the Development Plan is in effect, Section 5, A reeinent Deemed Void in Part• Voluntar Annexation, (A} If an Owner #"iles any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void, ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex, Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist, Qwners expressly and irrevocably consent to annexation of the Property under such circumstances, Qwners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex, Loc. Gov't Code section 43,052, or successor statute, Section 6. Notice of Sale, Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN; Director of Planning and Development 22I N. Elm Street Denton, T~ 76201 Section 7. Recordin .This Agreement is to run with the Property and be recorded in the real pi•opei•ty records, Dela.ton County, Texas, • ~ ~ Section S. Severab~lity, Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of tl~e remaining provisions which shall remain in full force aid effect, Section 9, Remedies. This Agreement maybe enforced by either Owner or the Cit b yy any proceeding at law or in equity, Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter, Entry into this Agreement by Qwner waives no ri hts as g to matters not addressed in this Agreement. 4 Change ,in Section 10, 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, Executioll_z~~ Multip~e_Co~ies, This Agreement maybe separately executed in individual counterparts and, upon execution, shall constitute one and same instrument, Section 13, Term and Extension, The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"), The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties, Section 14, Survival of Covenants. The covenants in Sections 2, and 4 shall survive ten~~ination of this Agreement, together with any other provisions, as maybe necessary for the implementation of those sections. The Parties hereto have executed this agreement as of , 2010. nn VW ,f A ~ J Emily Ja e Yeatts THE CITY ~F DENTON, TEAS City Manage ,Deputy City 1VTanager, or Designated Representative THE STATE ~F TEXAS } COUNTY OF DENTIN } . This instrument was acl~nowledged before me on the day of ~ , 2010, by Don Aaron Yeatts. Y ~ r f t F 4~~~ CHI TINE A. O ~1~ n~~t~~y ~~~~~ic srat~ of Tex w Nota Public State of Texas w~~ ,'p MY C~~IMlSSl~7N E~CP#~E~ ~ 9 ; fob apt a S i THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acl~nowledged before me on the da of ~ ~ y , 2010, by Emily lane Yeatts. , t~ G~~h CHRITI D~~ Natary~ PE~blic ~t~r~, rat ~F.x~~ y MY CU~iMISSI~.~~~ ~'Y,~•~~~L;.. Nota Public State of Texas ry o~ i ~p M~roh iU ~ 3 L R . F,: ,r' THE STATE OF TEXAS ~ COUNTY OF DENTON ~ This ins ument wa acl lowledged before n1e on--theµ~-~ day of ,2C~, by `qty Manag lDeputy City Ii~anagezlDesi aced Represe five, on behalf of the City of Denton, Tex i~~~~4YPU~~i~ ~~I'~Nt~~~ VMP~~,I~iC~7 a~~b1P, ~ ~~~if+ ~n ~ Notary ~u~fi~; ~t~te of Texas o ary Publ' ,State of Texas ,~~~~4 My Cc~mm~~ai~t~ expires c rrrr~~1111~~~,} ~~3G~3~~1~~~ f ~i~~ U ~I rv~~~ i APPROVED AS TO, :LEG~.L~FORM; ANITA B~RG~S S CITY ATTORNEY ~ _ .,,.,„_.ew...~~,,, .,~~.w _ F . ° f r~ 6 Exhibit A . w ~A•96-W'A~NTY DEED--With Single, Joint and Wit~'R Stp~rnte Ackanwltdg~mcata ~dARTIN Stationery Co,, Dallar ~ ~ 'S'HE STATE T~E~A,S ~ ' Know All Men B these Presents; DENTIN Y ~ Caunty af 1 i 1 i ~ 1 l That we, FRFDDY .~IcCONNF.L.l. a.nd, wi~~..,. BARB,ARA McCOiVN~L~. a~ f ~ of the County of Dent 0 n ,State of T e ~ ~ s for aad in consideration of the sum of ~ . ti rrrwrrrirsrrr~+rrTEN AND No~~1o0 ~~.~~.oa~ ~ ~ D4~,ARS, r rwwrr~r.rr rr rr r~rrwsr M.a r.~rrnr ' and other,~good and val~.uab].e consideration . ~ F taus , Cash in hand paid by . ~KF.N~NETH~. STFWART an~.d w1 f e, DF LMA F~. ~ ! s STFWART, the 'fu~l l~ rece~ pt of why ch s hereby a.cknow.~edged, v r i - - ~ - ~ ~ k s ~ i . ~ ~ . ~ E f ~ ~ ~ ~ t have Granted, Sold and. Conveyed, and by these presents do Grant, Sell and Convey unto the said ~ KENNETH W, STFWART and wife,~DEEMA F. STFWART E I ~ of the County of D e n~t 0 n , Site of s ~ ~ Texas all that~certafn ~ , ~ ot, tract' or parcel . o.f 1 and si tuated~ i n Abstract No. 1150 the. J.~ McNF.~L STFWART SURVEY, Denton County, Texas., be.i ng. part.'of a certai n 225 ~ acre tract ~ n say d survey conveyed by Ruby L. C.un.n~.ng~h:am et vi r~ ~ to James 5.,. Cunn'i~ngham an January 3, 195.g, re,cor~de.d i n Val ume' X42, } Rage 585, Deed Rec.o_rds. o.f sa~.d County, t.h~s tract. b.e~n~g described as Tract No. 3 r Block "A~"on a plat of a sub~.i;vi.si~a►ti~"o~f said tract far .canvenience~, aid bei-ng. more. art'cu. a NN~NG at ~ ~ 1 rly de.sc~l~bed. as ~fol lows, . BFGI a .steel. sta:ke~ o.n: th.e'~ ~snut~ 1 i ne of said h tract and say d ~ survey a.t a poi S, 89, de.g. 24' E; 5~ 3; 0 feed - the Southwest corner of said tract and said curve ~ from ~ ' THENCE~ND.RTH. D d.e y' ~ g ~ 08' E, X64; 5..f ee.t to a steel ' stake; ~ ~ ~ ENCi~ SOUTH 8g deg. 52' C, with the S.auth t.,~ i ne~ of a fi0 foot road ~4i,5 feet to a steel stake' THF~NCF SOUTH 0 de.g. OS' W,~ 665.5. feet to a steel stake an the South line of said tract and said'surve ; TH.FNCE FORTH 89 .deg. 2~4 ` W. With s a i ~ 1 ' e to the RLAC£ OF Si:G~NN~NG, containing in all ~~.690 ~n 241.5 feet acres of land, ~ SUBJECT to the restrictions shown of record in the County Clerk`s Office.af Denton Cabnty; Texas, . ~ y  II