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ORD 2024-03 Sale of .05 acres of land ORDINANCE NO.2024-03 AN ORDINANCE AUTHORIZING THE SALE AND CONVEYANCE OF APPROXIMATELY 0.05 ACRES OF REAL PROPERTY OWNED BY THE TOWN OF TROPHY CLUB, TEXAS, IN THE AMOUNT OF $3,444.00; AND LOCATED IN THE ROSALINDA ALLEN SURVEY, ABSTRACT NUMBER 17, TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS; AUTHORIZING THE TOWN MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (the "Town") is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Town owns approximately 0.05 acres of real property, as described on the attached Exhibit A(the"Property"); and WHEREAS, the Property is not a public square or park and the Town Council has determined that the Property is not being used by, nor is it useful or convenient to, the public in general for present or future public or municipal purposes; therefore, it constitutes a public charge without a corresponding public benefit, and the public would be better served and benefitted by its sale and conveyance; and WHEREAS, Deric Gardner is the fee simple owner of abutting property, and the Town Council finds and determines that the Property is a narrow strip of land, or land that because of its shape, lack of access to public roads, or small area cannot be used independently under its current zoning or under applicable subdivision or other development control ordinances; and WHEREAS,the Town desires to execute a special warranty deed conveying fee title and ownership in the Property to Deric Gardner and the Town Council finds and determines that the appraisal price of$3,444.00,represents and establishes the fair market value of the Property; and WHEREAS, the Town Council, after due and careful consideration, has determined in the exercise of its governmental functions and legislative authority that the sale and conveyance of the Property to Deric Gardner for the fair market value is in the best interest of the Town and the general public. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,TEXAS,THAT: SECTION 1 The findings and recitals above are true and correct and are incorporated into this Ordinance as if fully set forth herein. ORDINANCE NO. 2024-03 Page 2 SECTION 2 The Property described on Exhibit A, which is attached hereto for all purposes, is hereby authorized to be sold and conveyed to Deric Gardner. SECTION 3 The Town Manager is hereby authorized and directed to execute a special warranty deed to Deric Gardner in the form shown on the attached Exhibit B, conveying all rights to title and ownership of the Property on the behalf of the Town. After payment by Deric Gardner, a fully executed copy of the special warranty deed shall be presented for recording with the County Clerk of Denton County, Texas,by the Town Secretary. SECTION 4 This Ordinance shall take effect immediately from and after its passage. DULY PASSED AND APPROVED :Y THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ON . - " :- tI Y OF APRIL,2024. .09 V Y C4( if a V/ /1. LI/ Z App. 4anneffan/MaYor A lT EST: O ir *JANk‘tr ;.r +.r Tammy Dixon, T Secretary APPROVED AS TO FORM AND LEGALITY: D oggia, wn Atto?rrey Exhibit A The Property LEGAL DESCRIPTION Being a 0.05 acrel tract of land situated in the ROSALINDA ALLEN SURVEY. ABSTRACT NUMBER 17. in the Town of Trophy Club, Denton County. Texas, said tract being a portion of a called 85.572 acre tract of land conveyed to the Town of Trophy Club, Texas by deed described in Document Number 2008-13746, of the Official Public Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod with green plastic cap stamped"EAGLE SURVEYING" set in the South line of said 85.572 acre tract, the North line of Block G. The Highlands at Trophy Club, Neighborhood 5, Phase 2B Addition, as recorded in Document Number 2011-70, of the Plat Records of Denton County, Texas. also being the North corner of Lot 22 and the West corner of Lot 23. of said Block G. the East corner of a called 1.802 square foot tract of land conveyed to Guy& Megan Grivas by deed described in Document Number 2018-118273, of the Official Public Records of Denton County, Texas, and for the South corner of this tract, from which a 5/8' iron rod with yellow plastic cap stamped "JACOBS" found for the West corner of said Lot 22 and the South corner of said Grivas tract bears S 22`53'46'W,a distance of 91.23 feet: THENCE N 62'11'59" W. with the North line of said Grivas tract over and across said 85.572 acre tract, a distance of 40.13 feet to a 1/2" iron rod with green plastic cap stamped -EAGLE SURVEYING" set in the East line of a called 4.209 acre tract of land conveyed to Beck Properties Trophy Club, L.P.. by deed described in Document Number 2006-128658. of the Official Public Records of Denton County. Texas, a West line of said 85.572 acre tract. the North corner of said Grivas tract, and for the Southwest corner of this tract: THENCE N 00'00'06"W. with the East line of said 4.209 acre tract and a West line of said 85.572 acre tract, a distance of 9.46 feet to a I/2" iron rod with green plastic cap stamped -EAGLE SURVEYING" set for an exterior corner of this tract; THENCE over and across said 85.572 acre tract the following three (3) courses and distances: 1. N 89'49'0T E, a distance of 40.74 feet to a 112"iron rod with green plastic cap stamped "EAGLE SURVEYING"set for an interior corner of this tract: 2. N 00'44'56`W. a distance of 45.21 feet to a 1/2" iron rod with green plastic cap stamped "EAGLE SURVEYING"set for the Northwest corner of this tract: 3. N 87'32'51' E, a distance of 45.84 feet to a 1/2"iron rod with green plastic cap stamped "EAGLE SURVEYING" set in the South line of said 85.572 acre tract, the North line of said Block G, the North corner of said Lot 23.and for the Northeast corner of this tract; THENCE S 33`45'49'W,with the South line of said 85.572 acre tract and the North line of said Block G, a distance of 90.78 feet to the POINT OF BEGINNING and containing 2.296 square feet or 0.05 acres of land. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS § § COUNTY OF DENTON § That the Town of Trophy Club, a home-rule municipal corporation situated in Denton County, Texas, having an address of 1 Trophy Wood Drive, Trophy Club, Texas 76262 ("Grantor"), for and in consideration of the sum of Three Thousand Four-Hundred and Forty- Four Dollars ($3,444.00) and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, has GRANTED, SOLD, and CONVEYED and does GRANT, SELL, AND CONVEY, subject to the terms, covenants, conditions, reservations, restrictions and exceptions hereinafter made, to Deric Gardner, having an address of 2643 Highlands Court, Trophy Club, Texas 76262 ("Grantee"), all of Grantor's right, title, and interest, in and to the real property more particularly described on the attached Exhibit A - Legal Description (the"Property"). This special warranty deed is made subject to any and all visible and apparent easements and encroachments, whether of record or not and any and all covenants, conditions, reservations, restrictions, exceptions, easements, rights-of-way, mineral interests, mineral leases, or other instruments of record applicable to the Property or any part thereof. Further, Grantor, for the consideration and subject to the reservations from and exceptions to conveyance provided herein, conveys to Grantee the Property without express or implied warranties that might arise by common law, and the warranties in Section 5.023 of the Texas Property Code, as amended, are specifically excluded. AS A MATERIAL PART OF THE CONSIDERATION FOR THIS DEED, GRANTEE EXPRESSLY ACCEPTS THE PROPERTY IN AN "AS IS, WHERE IS, AND WITH ALL FAULTS" CONDITION. GRANTEE HAS HAD AN OPPORTUNITY TO INSPECT THE PROPERTY, AND GRANTEE IS NOT RELYING ON ANY REPRESENTATIONS OR DISCLOSURES BY GRANTOR IN CONNECTION WITH THE PURCHASE OF THE PROPERTY. EXCEPT FOR THE WARRANTY OF TITLE PROVIDED HEREIN, GRANTOR IS NOT MAKING AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITIONS, AVAILABILITY OF ACCESS, INGRESS OR EGRESS, OR ANY OTHER MATTER RELATING TO OR AFFECTING THE PROPERTY,INCLUDING WITHOUT LIMITATION: (1) THE VALUE,CONDITION, MERCHANTABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY; AND (2) THE TYPE, MANNER, AND QUALITY OF THE LAND, SOIL CONDITION, OR HAZARDOUS MATERIALS, IF ANY, IN OR UPON THE PROPERTY. GRANTEE REPRESENTS AND WARRANTS THAT GRANTEE IS A KNOWLEDGEABLE PURCHASER OF REAL PROPERTY AND IS RELYING SOLELY ON GRANTEE'S OWN INSPECTION OF THE PROPERTY. GRANTEE ACKNOWLEDGES AND AGREES THAT THERE ARE NO ORAL AGREEMENTS OR REPRESENTATIONS COLLATERAL TO OR AFFECTING THE PROPERTY BY GRANTOR, OR ANY AGENT OR EMPLOYEE OF GRANTOR,OR ANY OTHER THIRD-PARTY. Grantee, by its acceptance of this deed, assumes payment of all standby charges, ad valorem taxes, and assessments, if any, for the 2024 calendar year and later calendar years not yet due and payable, each to the extent attributable to all or part of the Property. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in any way belonging, unto the Grantee, its successors and assigns forever; and Grantor hereby binds Grantor, and Grantor's heirs, executors, administrators, successors and assigns, to WARRANT AND FOREVER DEFEND, all and singular the Property unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under the Grantor, but not otherwise. When the context requires, singular nouns and pronouns include the plural. [SIGNATURE PAGE AND EXHIBIT A—LEGAL DESCRIPTION TO FOLLOW] O� 020 P/y GRANTOR: 3? �' TOWN OF PHY CLUB, TEXAS ��� By: N randon Wright, Town Manager ATTEST: q�V '� Tooui 0.,u3loArneeun ;I c/2po-eeet Webtc Tammy xon, To Secretary ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, a Notary Public in and for said State, on this day personally appeared Brandon Wright, Town Manager, of the Town of Trophy Club, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said Town of Trophy Club, Texas, that she was duly authorized to perform the same by appropriate action of the Town Council of the Town of Trophy Club and that she executed the same as the act of the said Town for the purpose and consideration therein expressed, and in the capacity therein stated. /y GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ay of C.C.47)1Ai , 2024. Notary Public, in for the State of Texas My Comrytissiori Expires: "to, ��, TAMMY DIXON 196lleOaci0 :' Notary Public, State of Texas ': '�17 Comm. Expires 11-29-2026 '9�,OF�'4,- ',r���i���� Notary ID 124267694 After recording send copy to: Town of Trophy Club Attn: Town Secretary 1 Trophy Wood Drive, Trophy Club, TX 76262 EXHIBIT A LEGAL DESCRIPTION Being a 0.05 acre tract of land situated in the ROSALINDA ALLEN SURVEY.ABSTRACT NUMBER 17, in the Town of Trophy Club, Denton County, Texas, said tract being a portion of a called 85.572 acre tract of land conveyed to the Town of Trophy Club.Texas by deed described in Document Number 2008-13746.of the Official Public Records of Denton County.Texas,and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod with green plastic cap stamped"EAGLE SURVEYING"set in the South line of said 85.572 acre tract,the North line of Block G, The Highlands at Trophy Club. Neighborhood 5, Phase 2B Addition. as recorded in Document Number 201 1-70,of the Plat Records of Denton County, Texas, also being the North corner of Lot 22 and the West corner of Lot 23. of said Block G,the East corner of a called 1.802 square foot tract of land conveyed to Guy&Megan Grivas by deed described in Document Number 2018-118273.of the Official Public Records of Denton County, Texas.and for the South corner of this tract, from which a 5/8"iron rod with yellow plastic cap stamped"JACOBS"found for the West corner of said Lot 22 and the South corner of said Gnvas tract bears S 22'53'46"W,a distance of 91.23 feet: THENCE N 62'11'59"W.with the North line of said Grivas tract over and across said 85.572 acre tract, a distance of 40 13 feet to a 1/2"iron rod with green plastic cap stamped -EAGLE SURVEYING"set in the East line of a called 4.209 acre tract of land conveyed to Beck Properties Trophy Club, L.P.,by deed described in Document Number 2006-128658,of the Official Public Records of Denton County. Texas,a West line of said 85.572 acre tract.the North corner of said Grivas tract,and for the Southwest comer of this tract: THENCE N 00'00 06"W,with the East line of said 4.209 acre tract and a West line of said 85.572 acre tract, a distance of 9.46 feet to a I/2"iron rod with green plastic cap stamped "EAGLE SURVEYING'set for an exterior corner of this tract; THENCE over and across said 85.572 acre tract the following three(3)courses and distances 1. N 89'49'07"E,a distance of 40.74 feet to a 112"iron rod with green plastic cap stamped "EAGLE SURVEYING"set for an interior corner of this tract: 2 N 00°44'56"W,a distance of 45.21 feet to a 1/2"iron rod with green plastic cap stamped 'EAGLE SURVEYING"set for the Northwest corner of this tract; I N 87'32'51"E, a distance of 45.84 feet to a 1/2"iron rod with green plastic cap stamped 'EAGLE SURVEYING"set in the South line of said 85.572 acre tract,the North line of said Block G,the North corner of said Lot 23,and for the Northeast corner of this tract; THENCE S 33°45'49-W,with the South line of said 85.572 acre tract and the North line of said Block G, a distance of 90.78 feet to the POINT OF BEGINNING and containing 2,296 square feet or 0.05 acres of land.