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
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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