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2016-156S:\Legal\Our pocuments\Ordinances\16\Ryan Road NAA Extension 2,docx ORDINANCE NO. 2016-156 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AMENDMENT TO A NON-ANNEXATION AGREEMENT BETWEEN THE CITY OF DENTON, JEAN ANN BAKER AND RYAN CAPITAL PARTNERS, LTD.; 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 Second Amendment to a Non-Annexation Agreement (the "Amendment"), 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. ��..W__.........� � PASSED AND APPROVED this the ��;�� day of ��' �� w�',�. „ .mw m mp,, 2016. �. �.� � w��. �� ....�.� �A.. �.� .........� CHRIS WATTS, ��°L:?i� ATTEST: JENNIFER WALTERS, CITY SECRETARY �, ,� , „� '�_ � BY: � � "� ��.. �°. _ � .� ��e APP� "'��P��,�.� �k� ��.��. i . m �� :� LEGAL FORM: �,��`"�"� BURGESS, CITY ATTORNEY � � �� BY: �.�... � ` �'":.�.:..uM�f �. &! �.� _.�.. �� ,,,�?_.��,�',""�� ' � � � �� . m� .. '� � � "��:' �'� R �,'' .,, .,. �� , "� �u q��..,�. ��.�` '�,�- '�� .. � � �� " �� ', 1 '1 . 1 ", 1 . � • . ,�; . � • / 1 � . . � . � j . . � . • . � • . . � . � . � � '� . This Second 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 the City of Denton, Denton County, Texas (the "Property"), sametimes individually or callectively referred to as "Party" or "Parties". WHEREAS, the Parties entered into that certain Chapter 212 Texas Local (iovernment Code Non-Annexation Agreement on or about February 10, 2015 ("NAA") concerning Property generally located on the north and south sides of Ryan Road; and WHEREAS, the Parties then entered into a First Amendment to that certain Chapter 212 Texas Local Government Cade Non-Annexation Agreement on March 1, 2016 for the purpose of extending the term of the NAA between the Parties; and WHEREAS, the Parties desire to enter into a Second Amendment 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-annexatian 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, ar 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. Lac. Gov't Code, Section 43.035 for the amended term; l�i��1. o.�"��.�� :�Y�:I�, iu� ��'��•at��r� �a�" �ln�� t:�� .��ar��tt� ��rrt�ti,,r�� }��•�y�z, t�°�� µ U �,. �� k��e��.�a ��„�a�� "��l�c��; ,�„k�,�.�.. ��9 �"d 9��1�;�: ��sF1 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. Denton County, Texas. SECTION 3. This Amendment is to be recorded in the Real Property Records of Section 13 of the NAA shall be amended to read as follows: Section 13. Terrn and Extension. Unless extended by mutual agreement of the Parties, the NAA and this Amendment shall terminate on the 90`� 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 upan mutual agreement of the Parties. SECTION 4. The Owners expressly waive any vested rights that might otherwise arise under local or state law, ar by common law, from the execution af the NAA and/or this Amendment. The Parties hereto have executed this agreernent as of the .......:��.!!r�.�........ ��-� � � -� 2016. CI]�.'/►1 �I :i.`f� �� day of � ,�� ,` ��_�� "�� .��,.�,�� ---- ---�----- -��--------- —��------------ Jean Ann Baker RYAN CAPITAL PARTNERS, LTD. James S. Tull It's: �Y:i �' � ► �► ._ � �� W� � �� ,� � �„„w« �. BJm ��u __ �'"� .....�..e m ..,,�� a..e.�...�.�"��.,,��,.. City Manager, Deputy City Manager, or Designated Representative THE STATE OF TEXAS § COUNTY OF DENTON This instrument was acknowledged before me an the �� day of , q�„ , 2016, by Jean Ann Baker. � ��. .. � _...�.._�"� _ � ��' m . �� ° � � � � �� _��. � . �,� � Notary i'��lic, State of Texas ��'�1��"� � °�� '��'�'� � � � �� THE STATE OF OKLAHOMA COUNTY OF MARSHALL § This instrument was acknowledged before me on the day of _.........� ....................�.�........�....._...�.....................r�� 2016, by James S. Tull. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowled ed before me on the "� �'��a of � g _u�.�. Y �� ....� �� 2016, by George C. Campbell, City Manager, on behalf of the City of ��t�� .', Texas. �� o�� nusu "°"" � � � ,� I��N ��II��@�� V� ��Y� � � � �� rFa� �� a , � � w_ � � d�lEk°&"d4� � � � v"" �" r�� ° � ° " °�fl��0.tl$ a�w�a�A#S! ��° �'P �BP��'�$ �� , �„ ��" � ��d��VJ9m �°`��'� �� I��•��d'�°q� �. �.�. _, �. , _ w �� .... ......... AR� %� Wk h �0�'��A��"�� rv � I wu m w� �� 9��Y� I�� State of Texas ��m�� oo� ,�� , APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � � �� i �" � M � ��.,, �� .�.� , BY ,��"' a�? �'Aw��'�� . .��..: � .......�.�� 4 . *�....� �^ �r�. "^� � � �� S,11 a,� B'�Gu��;��':s, Planning and Zoning Folders�2016.021 Ryan Road Dev Agrmt�2nd Amendment to NAA.docx � � �li, 1� � � Gar /�� SECOND AMENDMENT TO CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON-ANNEXATION AGREEMENT WITH JEAN ANN BAKER AND RYAN CAPITAL PARTNERS, LTD This Second Amended Agreement ("AmendmenY') 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 the 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; and WHEREAS, the Parties then entered into a First Amendment to that certain Chapter 212 Texas Local Government Code Non-Annexation Agreement on March 1, 2016 for the purpose of extending the term of the NAA between the Parties; and WHEREAS, the Parties desire to enter into a Second Amendment 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; 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 tenns of the NAA that do not conflict with this Amendinent 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 13 of the NAA shall be amended to read as follows: Section 13. "�c��i�� r�,cl �x��car�. Unless extended by mutual agreement of the Parties, the NAA and this .�"��:��.r�� 1��,�11 t��µr��inate on the 90th 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. SECTIONww4. 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 of the �`�( day of �_ "n ``'."�W�............� ..........� 2016. OWNERS:. JEAN ANN BAKER Jean Ann Baker RYAN CAPITAL PARTNERS, LTD. � ��, � a, � � � w,� ..� , ��,�_. Tull � �a�..� �"4� � �� ., �.. .mm____ ..� �11°� '� �s. li'S: THE CITY OF DENTON, TEXAS �� ,�' � � ��° "" , ��""" �� " �� B y �u "� ��.�"�� ...... Cit Mana er �� y g� Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 2016, by Jean Ann Baker. THE STATE OF OKLAHOMA day of Notary Public, State of Texas COUNTY O § (� lC L�1 f+ o rv� A � —�— ... y This instrument was acknowledged before me on the �� day of ,�l c/�1 � 2016, by James S. Tull. ��;�� ,r � �� 1 wiW � W p ��U�kd I ��i�N" II W�'.II��" & ro � ��, p ��6';,�� '�:��'�p��'��m�� w ' �" �mum��ma�mlli � ��w�� 'm�� "� � , � �"�'� THE STATE OF TEXAS § ��,�'d �"� �-�� . � ,��.... . ` .. �.... �.�.......... Notary Public, State of�as_ (�/(��1�Ho A'L� COUNTY OF DENTON § ...mm. � This instrument was acknowledged before me on the ��" ��s� a�t m � �„�"�.�Po _y� 2016, by George C. Campbell, City Manager, on behalf of the °�� c+�' ��t�y�� "��:��:��. �� N �� U �� Po�� ,�wawu„�m �N��'��MI�� IP� '��'��'� IU�"w� � �� A��dpN��W�"P"V.MV�'llll� "�rl`�'�'�m^V C�,�;d�.�� . u� �� °�. �� 'o-auaw^""""� �"��,�'W��I�"� m�'� "� � ��u�� i�o��i�ww� ".�„"�"..,.� ��: �. �mwiuw��wwo uiWihV�uwo Ci�.„� � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � �, �q, � �� ' °"�� ' ..� �* aF�" ��- � - ...... N ��m �r ��'��a �,, Siw�.�a� ot� xas � � BY�;' �W� ��,`�°�,��µ ��"��. .....��..��.,.__�� sµ�a�� ,� r% � �,'� S.�TR.:i�� u�'�.�ADE Planning and ;f:a��aa��; Foldars�2016.021 Ryan Road Dev Agnnt�2nd Amendment to NAA.docx �� :�� .��w�„ � � �,�..�� ..��,�� '��d�,� �,��, �,�� ..