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ORD 2010-11TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2010-11 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING THE CONVEYANCE OF A 0.011 ACRE TRACT OF LAND OWNED BY THE TOWN AND WHICH IS PART OF HARMONY PARK IN EXCHANGE FOR A 0.018 ACRE TRACT OF LAND OWNED BY BECK PROPERTIES TROPHY CLUB, L.P., AND LOCATED ADJACENT TO HARMONY PARK AS APPROVED BY THE RESIDENT VOTERS OF THE TOWN AT THE MAY, 2009 ELECTION; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR THE CONVEYANCE OF LAND; PROVIDING FOR THE ACCEPTANCE AND DELIVERY OF DEEDS; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , on or about March 2, 2009 the Town Council of the Town of Trophy Club, Texas (the ''Town '') passed and approved Ordinance Nos . 2009-06 and 2009-07 ordering a Joint General and Joint Special Election, one purpose of which was to call a Special Election determining whether a sale by exchange of a certain portion of Harmony Park would be approved by the voters; and WHEREAS, on the May 9, 2009 ballot, the residents of Trophy Club voted affirmatively to exchange a 0.011 acre tract of land owned by the Town and which is a part of Harmony Park , Trophy Club, Denton County, Texas, for a 0.018 acre tract of land owned by Beck Properties Trophy Club L.P ., located adjacent to Harmony Park, Trophy Club, Denton County, Texas; and WHEREAS, on May 18, 2009 , the results of the May 9, 2009 election were properly canvassed by the Town Council and in order for the Council to implement the will of the voters, the Council now must take appropriate action to effect the transfer of the land owned by the Town and described more fully herein for the land owned by Beck Properties Trophy Club, L.P.; and WHEREAS, Section 3.14 of the Town's Home Rule Charter requires that acts of Council which conveyor authorize the conveyance of any lands of the Town be approved via Ordinance ; and WHEREAS , the Town Council hereby deems it necessary and appropriate to adopt this Ordinance authorizing the Mayor or her designee to execute all necessary documents to authorize and cause the conveyance of the land as approved by the voters in the May 9, 2009 election and more particularly described herein; and Ordinance 2010-11 (File 102010-226) NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Incorporation of Premises. The above and foregoing premises are true and correct and are incorporated into the body of this Ordinance and made a part hereof for all purposes. Section 2. Conveyance of Land . The Town Council authorizes the Acting Town Manager or his designee to execute all necessary documents in order for the Town to transfer its ownership interest in that certain 0 .011 acre tract of land owned by the Town and which is a part of Harmony Park and located in the, Town of Trophy Club, Denton County, Texas as more fully described in Exhibit "A", a copy of which is attached hereto and incorporated herein, in exchange for that certain 0.018 acre tract of land owned by 8eck Properties Trophy Club L.P., located adjacent to Harmony Park and also in the J. Michael Survey, Abstract no . 821, Town of Trophy Club, Denton County, Texas, as more fully described in Exhibit "8", a copy of which is attached hereto and incorporated herein . Section 3. Acceptance and Delivery of Deeds . The Town Council hereby accepts the Deed attached hereto as Exhibit "C" conveying the 0.018 acre tract of land and more specifically described in Exhibit "8", to the Town, and authorizing the delivery of the Deed attached hereto as Exhibit "D" conveying the 0.011 acre tract of land and more specifically described in Exhibit "A" to 8DMR Development LLC. Section 3. Engrossment and Enrollment. The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town as required in the Town Charter. Section 4. Effective Date. This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 26th day of April, 2010. M13yor , Connie White Town of Trophy Club, Texas t/ ;20./0 Effective Date: [SEAL] ATTEST: Ordinance 2010-11 (File ID 2010-226) APPROVED AS TO FORM : Town Attorney , Patricia A. Adams Town of Trophy Club, Texas Ordinance 2010-11 (File 102010-226)