Res 088-83 5/3/1983RESOLUTION NO. 11-15
RESOLUTION APPROVING AND AUTHORIZING THE ACTING
CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH
THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE
PROPOSED BOAT LAUNCHING FACILITY AT DEER CREEK
PARK AT LAKE ARROWHED.
BE IT RESOLVED BY THE CITY COUNCIL 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 the Texas Parks and Wildlife
Department for the proposed boat launching facility at Deer Creek Park
at Lake Arrowhead is hereby approved, and the Acting City Manager is
authorized to execute the same for the City of Wichita Falls.
PASSED AND APPROVED this the 3rd day of May, 1983.
0 A Y 0 R
ATTEST:
City Clerk
LEASE AGREEMENT
THE STATE OF TEXAS X
COUNTY OF CLAY X
This agreement made and entered into this the day of
May, 1983 , by and between the Texas Parks and Wildlife Department
Lessee" ) and the City of Wichita Falls, Texas, ("Lessor") , each
acting herein by and through its duly authorized officers.
WITNESSETH:
WHEREAS, Lessor owns a tract of land hereinafter described on
which Lessee desires to construct, maintain and operate a boat launching
facility; and,
WHEREAS, Lessor desires to grant a leasehold property interest for
the aforesaid purposes and perform certain maintenance and operational
duties.
NOW, THEREFORE, in consideration of the premises and the agreements
herein contained, Lessor hereby leases, demises, and lets unto Lessee
for the purpose of constructing, maintaining and operating a boat
launching ramp and associated support facilities all that certain tract
of land situated in Clay County, Texas , being more particularly
described on Exhibit A, which is attached hereto, containing 2. 63 acres ,
more or less.
This lease is made subject, however, to the following terms and
conditions :
1. The term of this lease shall be from the day and year above
written for a period of twenty-five years, unless and until terminated
as provided herein.
2 . It is understood and agreed the Lessee may at its option at
any time during this lease term cease the operation of said boat ramp
facilities by serving written notice on the Lessor in which event and
thereupon this lease shall automatically terminate and the leasehold
interest shall revert automatically to the Lessor without suit or re-
entry and without any further obligation to the Lessee.
3. It is understood and agreed that the Lessee shall construct or
cause to be constructed on the leased premises a boat launching ramp
and appurtenances . Title to all such improvements shall be in the
Lessor.
4. It is understood and agreed the Lessor shall keep the said
facility at all times during the lease term in a clean, neat and
sanitary condition. In this connection, the Lessor agrees to keep the
leased premises free of litter and the grass mowed. Further, the Lessor
covenants to keep the facility under surveillance sufficiently to pre-
clude it from becoming a nuisance or hazard to the public or adjacent
property owners.
5. It is agreed and understood the operation of the said facility
shall be exclusively under the control of and governed by the Lessee
and assessment of fees to the public;for use of or access to said leased
premises or any part thereof is prohibited except as expressly approved
by the Lessee.
6. Lessee will be responsible for any annual maintenance costs for
the duration of the lease, provided that Texas Parks and Wildlife
Department approval is secured prior to expenditure.
IN WITNESS WHEREOF, this agreement is executed and effective as of
the day and year first above written.
CITY OF WICHITA FALLS
BY:
Dane J. Bennett
Acting City Manager
TEXAS PARKS AND WILDLIFE DEPARTMENT
BY:
Charles D. Travis
Executive Director
STATE OF TEXAS
COUNTY OF WICHITA
BEFORE ME, the undersigned authority, on this day personally
appeared Dane J. Bennett, Acting City Manager, known to me to be the
person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
GIVEN under my hand and seal of office this the day of
1983.
Notary Public in and for
Wichita County, Texas
EXHIBIT "A"
FIELD NOTES
2.63 Acre Tract out of
Lot 9 , Block 1 ,
Clark & Plumb Subdivision
Clay County, 'Texas
A tract of land out of Lot 9, Block 1, Clark & Plumb Subdivision, Clay
County, Texas, said tract being more specifically described by metes and
bounds as follows:
Beginning at a point lying in the South right-of-way line of F.M. Highway
No. 172, said point bears West 295 .10 feet and South 40.00 feet from the
Northeast corner of said Lot 9, Block 1, Clark & Plumb Subdivision, said
point being the most Northerly Northeast corner and place of beginning of
this description;
Thence South 00°48' East 295 .16 feet to a point of curvature;
Thence along a 17 .622 degree curve to the left, having a radius of
325 .13 feet, and a central angle of 43°35' 21.3" , a total distance of
247 .35 feet to a point of tangency;
Thence South 44°23' East 44.40 feet to a point of curvature;
Thence along a 26 .250 degree curve to the right having a radius of
218.26 feet, and a central angle of 83°25' 51.2" , a total distance of
317.82 feet to a point of tangency;
Thence South 39°02' West 50.00 feet to a point for corner;
Thence North 50°57 West 37 .50 feet to a point for corner;
Thence South 39°02' West 152.88 feet to a point lying in the 930
contour line of Lake Arrowhead, said point being the Southeast corner of
this tract;
Thence along said 930 contour line, North 56°47' West 140.72 feet to a
point for the Southwest corner of this tract;
Thence leaving said 930 contour line, North 39°02' East 172.15 feet to
a point for corner;
Thence South 50°57' East 77.50 feet to a point for corner;
Thence North 39°02' East 45 .00 feet to a point of curvature;
Thence along a 48.447 degree curve to the left, having a radius of
118.26 feet and a central angle of 83°25'51.5", a total distance of 172.21
feet to a point of tangency;
Thence North 44°23' West 44.40 feet to a point of curvature;
Thence along a 13.477 degree curve to the right , having a radius of
425 .13 feet, and a central angle of 45°35' 21.3" , a total distance of 323.43
feet to a point of tangency;
Thence North 00°48' West 295 .16 feet' to a point lying in said South
right-of-way line of F.M. Highway No. 172, said point being the Northwest
corner of this tract;
Thence along said South right-of-way line of F.M. Highway No. 172,
North 89°12' East 100.00 feet to the place of beginning and containing 2.63
acres, more or less.
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WEST E95.10'
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100.00
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BIGGS & MATHEWS. INC.
CONSULTING ENGINEERS
2500 BROOK • WICHITA FALLS. TEXAS
COUNTY CLAY
j
DATE: 7.25-B2
SCALE: 1-= 200' V /S0.
A G J-SLJ