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Res 14-2026 Memorandum of Understanding with Wichita Falls Streams and Valleys, Inc., 02/03/2026 Resolution No. 14-2026 Resolution entering into a Memorandum of Understanding with Wichita Falls Streams and Valleys, Inc., and authorizing the conveyance of ownership for the property located at 1225 Scotland, Wichita Falls, TX. WHEREAS, it has been determined to be in the best interest of the city and the public to enter into an MOU for the maintenance of city-owned property in return for the use and enjoyment of the general public; and, WHEREAS, by conveying the property at 1225 Scotland to the adjacent property owner for maintenance and potential development, it eliminates additional work for the city; and, WHEREAS, the city property will be well-groomed and maintained as a gateway into the city, featuring the Falls and the RV Park. and the general public are free to enjoy the mountain bike trail and other community events in a well-maintained environment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1 . Approval of this resolution will authorize the City Manager or his designee to execute forms consisting of a Memorandum of Understanding and a Special Warranty Deed, in a form approved by the City Attorney, with Wichita Falls Streams and Valleys, Inc. PASSED AND APPROVED this the 3rd day of February, 2026. MAYOR ATTEST: 11 City Clerk U MEMORANDUM OF UNDERSTANDING AGREEMENT BETWEEN WICHITA FALLS STREAMS AND VALLEYS, INC. AND THE CITY OF WICHITA FALLS This document describes the agreement between Wichita Falls Streams and Valleys, Inc. and the City of Wichita Falls (CWF) pertaining to the mowing, maintenance and trail use of Blocks 1-7, Breaux Acres, 4.22 Acres, Lot 1 , Block B-1 , also identified as 300 Central Freeway and the area under the 1-44 S & 1-44 N bridge along the Wichita River as depicted in the attached maps, Wichita County, Wichita Falls, Texas 76307 and also known as the WeeChiTah mountain bike trail and referred to as Property. WHEREAS, Wichita Falls Streams and Valleys, Inc. wishes to have continual use of the property described and depicted on the attached aerials for mountain bike trail enjoyment and community events; and, WHEREAS, City wishes to allow Wichita Falls Streams and Valleys, Inc. access and use of the Property for community events and mountain bike trail riding; and WHEREAS, in lieu of outstanding Liens on their properties located at 1317 N 1st, 1231 Scotland, 1229 Scotland, 1227 Scotland, 1211 Cruse, and 1214 Cruse; and WHEREAS, in exchange for the City-owned excess property located at 1225 Scotland. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the parties hereby agree as follows: 1. Wichita Falls Streams and Valleys, Inc. will mow and maintain trash pick-up on the areas as described and depicted on the attached maps for a period of no less than 10 years in exchange for releasing said liens and conveying City-owned excess property located at 1225 Scotland to Wichita Falls Streams and Valleys, Inc. II. Wichita Falls Streams and Valleys, Inc. will have access to the Property for purposes of community events and mountain bike trail riding pleasure. III. Wichita Falls Streams and Valleys, Inc. shall pick up litter and trash on all properties identified and shown on the attached map. IV. Wichita Falls Streams and Valleys, Inc. shall mow a 50' perimeter around the 4.22 acres described and identified as Blocks 1-7, Breaux Acres. V. Hotter'n Hell Hundred and Wichita Falls Streams and Valleys, Inc. shall maintain the bike trails situated on the properties described. VI. Wichita Falls Streams and Valleys, Inc. understands and agrees it must keep the Property and the common areas neat and clean and in code compliance. VII. Either party may terminate this agreement with 30 days' notice to the other. VI I I. The 10-year period may be reviewed and extended at the request of Wichita Falls Streams and Valleys, Inc., with City approval. IX. If any action at law or in equity is necessary to enforce this agreement, each party agrees to pay its own attorneys' fees and will not seek to recover its own attorneys' fees from the other party. All parties understand that Texas Local Government Code subchapter I, § 271 .153(a)(3) provides that the total amount of money awarded in an adjudication brought against a governmental entity for breach of a contract includes attorneys' fees. All parties expressly waive all statutory and other rights to recover attorneys' fees pursuant to § 271 .153(a)(3) and all other law. X. All parties agree that this contract is one that pertains solely to a governmental function taken by or on behalf of the City of Wichita Falls. All parties expressly agree that the City is not engaging in any proprietary functions. Xl. Venue shall reside exclusively in Wichita County, Texas. Executed this day of , 2025. City of Wichita Falls Wichita Falls Streams and Valleys, Inc. By: By: City Manager Attest: By: City Clerk Approved to form: By: City Attorney LOCATION MAP II I 1 LI NI sro-sT [ HI HI 1-- .-- --1 — , 1 o ,i No:ftrrgale i 2,0. 9.9 131 131 1311 1305 uto 122. 1217 1213 u ? 1201 g A et g , ,7\ 0 ... 2 •.. .N •-...!k, ..,.5..2..,-.., i• ,,, - 1 1700 3RD ST ill f " '''-‘•%..3.!i I M:1=.__L,in q. ...\ • .--1- ,.. ozeptAiet*A404''''' le,`" r r141010''' MAINTAINED AREA MAP i ----------------m--------- _hi.. iLLIJ_ Ill 11011 MI11, 11 [ ST-STA . L io . / TmA mill 1 Not-OS-ale d 2,07. 99 131 131 1311 1305 11is 1 121322. 1217 0 A 40 0 0 , - Of 5 ' 1201 1 co li 2 1 34 V:. 7/(/\ 50431t.4.14e 1225 ----------V"....". ..1z3.1 1228 ,. "Izti., ,_,I.,1 .- 2 .•. 4... , -,:z, '-/'. (-:, V 0 tV 7 4.22 Acres—Mow ;14.. g • .4, 1 50'Parameter -.6N 100 5, -- "'":3tio" ..„. ..,.; HEALTH rf:-------' ku .,; _.-----------DISTRICT II\ 'Ai il — Eli Et• ! ' " Pick up Vic ill)U. tl' sh ..., .,1 ill 700 3RD ST .,, .......2.... ., c. t, %.?. \ ..-.r.0 . trash _-----.. ,.. • 0 ...----- _i....._ , SPECIAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: January 20, 2026 Grantor: City of Wichita Falls Grantor's Mailing Address (including county): PO Box 1431,Wichita County,Wichita Falls,TX 76307 Grantee: Wichita Falls Streams and Valleys,Inc Grantee's Mailing Address(including county): PO Box 1588,Wichita Falls,TX 76307 Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration Property(including any improvements): the East 50 feet of LOT 1,BLK D, Scotland Garden 1 -AKA known as 1225 Scotland Reservations From and Exceptions to Conveyance and Warranty: All validly existing easements and rights-of-way, whether of record or not, and all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests outstanding in persons other than Grantor. Grantor, for the consideration,receipt of which is acknowledged, and subject to the reservations from and exceptions to conveyance and warranty,grants,sells and conveys to Grantee the property,together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executor, administrators, successors or assigns forever. Grantor binds Grantor and Grantor's heirs,executors,administrators and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof,except as to the reservations from and exceptions to conveyance and warranty,when the claim is by,through or under, Grantor,but not otherwise. When context requires, singular nouns and pronouns include the plural. City of Wichita Falls By: Paul Menzies,Assistant City Manager STATE OF TEXAS § COUNTY OF WICHITA § This instrument was executed and acknowledged before me this day of ,2026,by Notary Public, State of Texas AFTER RECORDING RETURN TO: PROPERTY MANAGEMENT DIVISION P. O.Box 1431 WICHITA FALLS,TEXAS 76307