Loading...
Res 057-83 3/15/1983RESOLUTION NO. 57-83 RESOLUTION APPROVING LEASE TO WICHITA FALLS INDEPENDENT SCHOOL DISTRICT OF 1 .13 ACRES, MORE OR LESS , OF SCOTLAND PARK FOR AN ADDITION TO HUEY SCHOOL. WHEREAS, it has become necessary for the Wichita Falls Independent School District to expand the size of Huey Elementary School by constructing a new addition thereto, and to provide additional off-street parking; because of the proximity of the school building to North Sixth Street, Central Freeway frontage street and Linwood Avenue, the only direction in which the school can be expanded is to the south on Scotland Park; and, WHEREAS, the only alternative to the School District would be to abandon plans to enlarge Huey School, and to move some of the children to some other school; and, WHEREAS , the School District needs and plans to take by lease, purchase or by the exercise of eminent domain such 1 .13 acres; and, WHEREAS , the Board of Aldermen has held a public hearing at its regular meeting on January 18 , 1983, as required by Article 5421q, Revised Civil Statutes of Texas , and notice to the public of the date and place of such public hearing was published in the Wichita Falls Record News once a week for three consecutive weeks, the last publication being not less than one week or more than two weeks before the date of the public hearing; and, WHEREAS, at the conclusion of the public hearing, the Board of Aldermen adopted Resolution No. 16-83, in which they determined that there is no feasible and prudent alternative to the use or taking of such land as requested by the School District and such project includes all reasonable planning to minimize harm to such land as a park resulting from such use or taking; and, WHEREAS , it is found to be in the best interests of the citizens of Wichita Falls to lease such property to the School District, and it would be economically wasteful to require the School District to pursue its remedy of eminent domain. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: That certain lease agreement, a copy of which is attached hereto, between the City of Wichita Falls and Wichita Falls Independent School District, whereby the City leases to the School District, for school purposes, that certain 1 .13 acres , more or less, out of Scotland Park, described in such lease, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls . PASSED AND APPROVED this the 15th day of March, 1983 . 452e Y O ATTEST: j/7:1-114 L z/re City Clerk RECs:_ CITY t,.. ICE . Date 6 LEASE AGREEMENT FROM CITY OF WICHITA FALLS TO WICHITA FALLS INDEPENDENT SCHOOL DISTRICT This lease agreement, made and entered into this the 15th day of March, 1983 , by and between the City of Wichita Falls, Texas City") and the Wichita Falls Independent School District ( "District") , WITNESSETH: WHEREAS, by Resolution No. 57-83 , dated March 15, 1983 , the Board of Aldermen of the City of Wichita Falls approved this lease, and authorized the City Manager to execute the same . NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the parties hereto do hereby agree as follows : 1. City does hereby lease unto District that certain tract of land containing 1. 13 acres, more or less, which is described on Exhibit "A" , attached hereto and incorporated herein. 2 . This lease shall have a term of 99 years, beginning March 15, 1983 . 3 . District shall pay to City as rental for this lease the sum of $1. 00 per year, payable annually in advance. 4 . This property shall be used by District for school purposes only, and for school-related purposes generally recognized in the use of school buildings . 5. Upon expiration of this lease or upon earlier termination by agreement of the parties, District shall have the right to remove from the land within a reasonable time any and all improvements by it placed thereon. 6 . District shall not assign nor sublease said premises or any part thereof without the written consent of City first having been had and obtained. 7. District shall indemnify and hold harmless City from all claims for damages arising out of the use of said land. LEASE AGREEMENT FROM CITY OF WICHITA FALLS TO WICHITA FALLS INDEPENDENT SCHOOL DISTRICT; Page 1. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers as of the day and year first set out above. CITY OF WICHITA FALLS , TEXAS By: Dane J . Bennett, Acting City Manager ATTEST: City Clerk WICHITA FALLS INDEPENDENT SCHOOL DISTRICT By: Donald H. Wills, President, Board of Trustees ATTEST: Secretary STATE OF TEXAS X COUNTY OF WICHITA X BEFORE ME, the undersigned, a Notary Public in and for Wichita County, Texas, on this day personally appeared Dane J. Bennett, Acting City Manager for the City of Wichita Falls, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to that the same was the act of the said City of Wichita Falls, a municipal corporation, and said instrument was executed as the act of the said City of Wichita Falls, a municipal corporation, for the purposes and consideration therein expressed and in the capacity therein stated. LEASE AGREEMENT FROM CITY OF WICHITA FALLS TO WICHITA FALLS INDEPENDENT SCHOOL DISTRICT; Page 2 . GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of March, 1983 . Notary Public in and for Wichita County, Texas STATE OF TEXAS X COUNTY OF WICHITA X BEFORE ME, the undersigned, a Notary Public in and for Wichita County, Texas, on this day personally appeared Donald H. Wills, President of the Board of Trustees, Wichita Falls Independent School District, Wichita County, Texas, known to me to be the person and officer whose name is subscribed to the fore- going instrument and acknowledged to me that the same was the act of the said Wichita Falls Independent School District and said instrument was executed as the act of the said Wichita Falls Independent School District for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of March, 1983 . Notary Public in and for Wichita County, Texas LEASE AGREEMENT FROM CITY OF WICHITA FALLS TO WICHITA FALLS INDEPENDENT SCHOOL DISTRICT; Page 3. EXHIBIT "A" A tract of land being more commonly known as Lots 18 through 24 , Scotland Addition, an addition to the City of Wichita Falls, Wichita County, Texas, said tract being more specifically described by metes and bounds as follows: Beginning at a point which bears East 14 .10 feet and South 180 . 00 feet from the Northeast corner of Lot 1, of said Block 21, Scotland Addition, said point being an X on top of curb of Linwood Avenue, said point being the Northeast corner and place of beginning of this description; Thence along the back of curb of said Linwood Avenue, South 00° 11 ' East 90 .73 feet to a point of curvature; Thence continuing along said back of curb of Linwood Avenue and along a 12 . 022 degree curve to the right, having a radius of 476 .57 feet and a central angle of 05° 55' 59. 4", a total distance of 49.35 feet to an iron rod for the Southeast corner of this tract; Thence leaving said back of curb of Linwood Avenue, West, passing the Southeast corner of said Lot 24 , at 12 . 01 feet, a total distance of 337 .71 feet to 1/2" iron road lying in the East right- of-way line of Central Freeway, said 1/2" iron rod being the South west corner of this tract; Thence along said East right-of-way line of Central Freeway, North 90° 51' West 142 . 09 feet to a 2" iron pipe lying in the South line of a 20 foot alley, said 2" iron pipe being the Northwest corner of said Lot 18, Block 21, and the Northwest corner of this tract; Thence along said South line of a 20 foot alley, and along the North line of said Lots 18 through 24 , Block 21, East, passing a 2" iron pipe for the Northeast corner of said Lot 24 , Block 21, at 350 . 00 feet, a total distance of 364 .10 feet to the place of beginning and containing 1.13 acres, more or less.