2016-079S: \Legal \JADE Planning and Zoning Folders \2016.004 Good Samaritan \Ryan Road NAA Extension Ordinance.docx
ORDINANCE NO._ 2016 -079
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A FIRST
AMENDMENT TO A CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON -
ANNEXATION AGREEMENT BETWEEN THE CITY OF DENTON, JEAN ANN
BAKER, AND RYAN CAPITAL PARTNERS, LTD.; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute a First
Amendment to the Chapter 212 Texas Local Government Code Non - Annexation Agreement dated
February 10, 2015 between the City, Jean Ann Baker, and Ryan Capital Partners, Ltd., in
substantially the form of the amended agreement which is attached hereto and made a part of this
ordinance for all purposes (the "First Amendment ").
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 First Amendment.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of �....... 2016.
, .......... .
�. l 1_l , A 1 1 "S MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:' P,
L �
FIRST AMENDMENT TO CHAPTER 212 TEXAS LOCAL GOVERNMENT
CODE NON - ANNEXATION AGREEMENT WITH
JEAN ANN BAKER AND RYAN CAPITAL PARTNERS, LTD
This First Amended Agreement ( "Amendment ") is entered into pursuant to Section 212.172 Tex.
Local Gov't Code by and between the City of Denton, Texas (the "City ") and Jean Ann Baker
and Ryan Capital Partners, Ltd. ( "Owners "), the property owners of the Property as defined
herein, in City of Denton, Denton County, Texas (the "Property "), sometimes individually or
collectively referred to as "Party" or "Parties."
WHEREAS, the Parties entered into that certain Chapter 212 Texas Local Government
Code Non- Annexation Agreement on or about February 10, 2015 ( "NAA ") concerning Property
generally located on the north and south sides of Ryan Road as depicted in Exhibits A, B, and C
to the NAA (the "Property"), which is incorporated by reference with effect given to the
amendments as stated herein; and
WHEREAS, the NAA is set to terminate on March 1, 2016, and 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, the Parties desire to enter into a new Development Agreement pursuant to
Tex. Loc. Gov't Code, Subchapter G, Sec. 212.172 prior to annexation, to establish a
development plan under which certain general uses and development of the land shall include
enhanced development regulations other than those that apply within the City's boundaries in the
form of a pre- annexation agreement ( "PAA "); and
WHEREAS, the Parties desire that the NAA be temporarily extended for the term of this
Amendment in order to allow sufficient time to enter into the PAA, and acknowledge that the
NAA, as amended herein, is binding upon the Parties and their respective successors and assigns;
and
WHEREAS, the Denton County Appraisal District records continue to show that the
Property 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, the Owners represent that it is their intention not to develop the Property
during the term of this Amendment until such time as the PAA is executed, and the Parties are
desirous of extending the NAA as authorized under Tex. Loc. Gov't Code, Section 43.035 for the
amended term; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
SECTION 1. The recitals contained herein are true and correct. This Amendment is
executed for the purpose of extending the term of the NAA between the Parties pending the
execution of a PAA. All terms of the NAA that do not conflict with this Amendment are still in
full force and effect.
SECTION 2. This Amendment is to be recorded in the Real Property Records of Denton
County, Texas.
SECTION 3. Section 4 of the NAA shall be amended to read as follows:
Section 4. Development Plan to Remain in Effect. Following termination of this
Agreement, as amended, for any reason, the Development Plan set forth in Section 2 shall remain
in effect until such time as the Parties enter into apre- annexation agreement or 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 4. Section 13 of the NAA shall be amended to read as follows:
Section 13. Term and Extension. Unless extended by mutual agreement of the Parties,
the NAA and this Amendment shall terminate on the 120``' day from the Effective Date. The
Effective Date of the Amendment shall be the date the Amendment is executed by the City. The
Term may be extended upon mutual agreement of the Parties.
SECTION 5. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the execution of the NAA and /or this
Amendment.
The Parties hereto have executed this agreement as oh" �' ® ._._....., 2016.
OWNERS:
JEAN ANN BAKER
y�
,lead Ann Baker����
RYAN CAPITAL PARTNERS LTD.
.............
4, 4 w0
1, dill: es S. Tull
,
By. —
Its:
THE CITY OF DENTON, TEXAS:
BYCity i° or . . . . . . . .......... . . . . . . . . . . .... . . ...............................................
Deputy City Manager, or
Designated Representative
&,or3e, a. camp bel
041y A4anaj"'
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the 22— —dory of
A
2016, by Jean Ann Baker.
. . ...... . . . ............
...................... . . . . . . . . . . . . . . . . . . . . . . . ......................
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THE STATE OF T.rAIS I
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COUNTY OF-DENTZON
.... . . . . . .............................. . . . ... . ...... . ..... ... . .........
Notary Public, State
ANEW 1.
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MrIni, EXPROB
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This instrument was acknowledged before me on the I q —day of
2016, by James S. Tull,
f
THE STATE OF TEXAS
COUNTY OF DENTON
JV/ I
o
Notary P-664 c, State of rex-as
rk,.
This ul, acknowledged me on the _ � day of. _ _ ._ _ .............
c�r��r'M�.��tt was acknowl+��l ryec1, before �_...._�
2016, brt, .1� s �'ve, ar behalf of the City of D Cii Cla����er /Deputy City
Y
Mara ro r�r /1l�srt, p ewati Denton, Texas.
N t ry l ubl " m SUAe of Texas
wrcrnwi me..
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY-
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