2016-076sAlegal \our documents ordinances \16 \first amendment buc -ee's agreement.docx
ORDINANCE NO. 2016 -076
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AMENDMENT TO
AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT DATED DECEMBER
1, 2015, BETWEEN THE CITY OF DENTON AND BUC -EE'S, LTD., WHICH WAS DULY
ASSIGNED, IN PART, TO BUC -EE'S, LTD.; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute an
Amendment to an Economic Development Program Grant Agreement (the "Amendment ")
between the City of Denton and Buc -ee's, Ltd., which is duly assigned, in part, to Buc -ee's, Ltd.
in substantially the form of the Amendment which is attached hereto and make a part of this
ordinance for all purposes.
SECTION 2. The City Manager, or his designee, is authorized to exercise the City of
Denton's rights and duties as set forth in the Amendment.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day ofws', __,2016.
Cl- IIS WATTS MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
IS •
AP
ANITA BURGESS, CITY ATTORNEY
BY: 0I w
STATE OF TEXAS
COUNTY OF DENTON
FIRST AMENDMENT TO
ECONOMIC DEVELOPMENT AGREEMENT WITH
BUC -EE' S, LTD.
THIS FIRST AMENDMENT TO AN ECONOMIC DEVELOPMENT AGREEMENT
made and entered into on the tenth day of December, 2015 by and between BUC -EE' S, LTD.
( "Grantee "), a Texas limited partnership, located at 327 FM 2004, Lake Jackson, Texas, 77566,
and the CITY OF DENTON, TEXAS ( "City "), a Texas municipal corporation, located at 215 E.
McKinney St., Denton, Texas, for the purposes and considerations stated below. Grantee and the
City may be individually referred to as a "Party" and collectively as the "Parties."
W 1'FN LSSETH
WHEREAS, since the adoption of the December 10, 2015, Economic Development
Agreement with Buc -ee's, Ltd. ( "Agreement "), the Parties have discovered that the legal
description attached to the Agreement as Exhibit "A" is not correct; and
WHEREAS, this First Amendment is for the purpose of adding the correct legal
description by replacing the Agreement's Exhibit "A" with the one attached hereto; and
NOW, THEREFORE, the City and Grantee agree to amend the Agreement as follows:
SECTION 1. The attached Exhibit "A" is the true and correct legal description of the
property subject to the Agreement, and said Exhibit "A" replaces the Agreement's Exhibit "A"
in its entirety.
SECTION 2. Save and except as amended hereby, all the remaining sections,
paragraphs, sentences, clauses, and phrases of the Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the City of Denton, Texas has caused this First Amendment
to be executed by its duly authorized City Manager; and Grantee has executed on this the
day of ..... t .._.._ , 2016.
CITY OF DENTON, TEXAS
BY:- ........ _ .w
GEE I�GE C ..
CMPB1�L�I . .
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
w
BY:_
A11' Vi.l l'), S TO LEGAL FORM:
A' N FfA Bt RG EES, CITY ATTORNEY
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Page 2
Buc -ee's, Ltd.,
a Texas limited partnership
By: Buc -ee's Maiiageti Gilt, [_ _C,
a 7' w „ limiwd ka i1i company,
its 3e] -IA mer
By _. --
Arch H. IN i 11, President
Being all that certain tract of land situated in the Joseph White Survey, Abstract Number 1433,
and in the Daniel Lombard Guneey, Abstract Number 784, in the C|h/ of Denton. Denton Counby,
Texas and being the remainder of a tract of land described in the deed from P&H THOMAS
FAMILY PARTNERS, LTD to ER|-DENTON38LANQ, L.P., as recorded in Document Number
2DOG-12157Q, Real Property Records of said County; the subject tract being more particularly
described aofollows:
BEGINNING mda capped iron rod stemped"KAZ" set for the Southeast corner ofsaid
remainder, and the Southwest corner ofa tract of land described |n the deed toER|-OEMTQN
38 LAND, L.P., as recorded in Document Number 2009-30150, of said Records in the North line
of tract ofland described in the deed to Dahueh H. Heidary, M.D., as recorded in Volume
2960. Page 287' of said Records;
Thence South 88 degrees 28 minutes 48 seconds West with said ooMnrnoA |ine, along and near
a fence a distance of 580.39 feet to a capped iron rod stamped "TNP" found for the Northwest
corner of said Heidary tract and the Northeast corner of Lot 28, Block 1 of Wind River Estates,
Phase |V, an addition to said City' according to the plat thereof recorded in Cabinet S, Page
204, Plat Records of said County;
Thence South 89 degrees 35 minutes 36 seconds West with the North line of said Block 1 and
the South line of said remainder a distance of 1012.87 feet to a wood fence corner post for the
Southwest corner of said remainder and the Southeast corner mf Lot 15of said Block 1�
.
Thence North 01 degrees 05 minutes 13 seconds West with the East line of said Block 1 part of
the way and with the West line ofsaid remainder distance of 1333.O6 feet to m 1/2' iron nod
found for the Northeast corner of Lot 27, Block 1, of Southridge Estates, Phase 2, an addition to
said City, according to the plat thereof recorded in Cabinet [W. Page 97, of said Plat Reoonda,
and the Southeast corner ofa 5O feet Utility Easement, ao recorded in Volume 333. Page i9,
Deed Records of said County;
Thence North 00 degrees 37 minutes 33 seconds West with the East line thereof and the West
line of said remainder distance of 380.96 feet to the remains of wood monument;
Thence with said common line the following eight calls:
South 40 degrees 02 minutes 49 seconds East, 154.89 feat to a TXDOT monument found;
South dO degrees 37minutes 11 seconds East, iO2,87 feet toaT%DOTmonumentfound;
South 45 degrees 48 minutes 40 seconds East, 101 .31 feet to a TXDOT monument found;
South 50 degrees 45 minutes 08 seconds East, 20.31 feet to a TXDDT monument found;
South 50 degrees 47 minutes 05 seconds East, 181.92 feet to a TXDOT monument found;
South 51 degrees 20 minutes 45 seconds East, 307,11 feet to a TXDOT monument found:
?,» degrees 57 mi coed nutes 51 sonds East, 148.81 feet to a TXIDOT monument found for
. . . . . . . . . . . . . . . . .
Thence South 32 degrees 41 minutes 56 seconds East with said common line a distance of
»»; «:w« to a V :4>««S»< for the South corner of said MayhIll tract and the West corner
of Lot 1, Block A of Action Carget Addition, an addition to said CitO,,,, accordin to the M"ereof,
recorded in Cabinet N, Page 355, o«<«d«2 Records;
OF BEGINNING and enclosing 37.21 acres of land more or less.
of" / \/ 2\
�'z
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INTERSTATE HIGHWAY 35-E SERVICE ROAD - 2.13 ACRES
Thence South 38 degrees 31 minutes 55 seconds West with said common line a distance of
25°x.45 feet to a %" iron rod found for the common corner thereof in the lEast line of the
remairider of a tract of land described in the deed -from P&HTHOMAS FAMY PARTNERS,
LTD to ERR.-DENTON38 LAND, L.P., as recorded in IDocurruent Number 2006-121570, Reall
Property Records of said County;
Thence North 32 degrees 41 minutes 56 seconds West with said common line a distance of
694,,21 feet to a TXDOT monument found for the Southeast corner of said State tract;
Thence North 32 degrees 46 rnirUtes 59 seconds West a distance of 85,39 feet to the P11 ACE
OF BEGlNNlNG and enclosing 2.13 acres of land more or less.
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