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Res 069-2001 6/19/2001� t RESOLUTION NO. RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF WICHITA FALLS AND THE WICHITA FALLS INDEPENDENT SCHOOL DISTRICT TO EXCHANGE VARIOUS PROPERTIES, COMMONLY REFERRED TO AS JEFFERSON PARK (10.34 ACRES + / -), LIONS PARK (2.41 ACRES + / -) AND 24.96 ACRES +/- NORTH OF HARDING STREET ADJACENT TO THE WASHINGTON- JACKSON MATH SCIENCE CAMPUS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City of Wichita Falls and the Wichita Falls Independent School District desire to exchange property in order to better fulfill their respective governmental purposes; and WHEREAS, the respective properties have been appraised by Henderson Appraisals & Consultants and determined to be of equal value; and WHEREAS, the attached agreement sets forth the conditions for said exchange. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The City Manager is hereby authorized to execute an Agreement with the Wichita Falls Independent School District, copy of which is attached hereto, to convey property known as Jefferson Park to the Wichita Falls Independent School District in exchange for property of equal value owned by the School District, subject to the conditions set forth in the Agreement. SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 19th day of June 2001. ATTEST: (Att I aj City Clerk MAYOR 0 STATE OF TEXAS § COUNTY OF WICHITA § AGREEMENT This Agreement, made and entered into this day of , 2001, by and between the City of Wichita Falls, a municipal corporation ( "City ") acting through its City Manager as authorized by City Council Resolution and the Wichita Falls Independent School District ( "WFISD "), acting through its Superintendent as authorized by the Board of Trustees on , 2001. WITNESSETH: WHEREAS, the City and WFISD are each owners of certain real property located within the corporate limits of the City of Wichita Falls, Wichita County, Texas; and, and, WHEREAS, there is no current or expected need for such property by the current owner; WHEREAS, it is the desire of the City and WFISD to exchange such properties to better serve the citizens of the community, and WHEREAS, the value of the tract of land owned by City has been determined by an appraisal to be equal to the two tracts of land owned by WFISD, NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties do hereby agree as follows: City agrees to: 1. Plat in accordance with local and state law a certain 10.34 + /- acre tract owned by City, identified as Tract A and further described on Exhibit A, attached hereto and incorporated herein for all purposes. 2. Upon approval and filing of the plat for Tract A, convey by Special Warranty Deed said property to WFISD. 3. Once Tract C is conveyed by WFISD to the City, City agrees to allow reasonable public access to, and use of, the existing parking lot east of the Washington- Jackson school campus to access activities in the school or on school property, including public recreational use of the existing running track. WFISD agrees to: 1. Plat in accordance with local and state law a certain 2.401 acre tract of property owned by WFISD, said tract being known as Tract B, and further identified on Exhibit A. 2. Upon approval and filing of the plat for Tract B, convey by Special Warranty Deed said property to City. 3. Plat in accordance with local and state law a certain 24.958 +/- acre tract of property owned by WFISD, said tract being known as Tract C and further identified on Exhibit A. 4. Upon approval and filing of the plat for Tract C, convey by Special Warranty Deed said property to City. 5. Allow reasonable public access to the playground facilities at Jefferson Park. EXECUTED this day of , 2001. STATE OF TEXAS § COUNTY OF WICHITA § Wichita Falls Independent School District Connie Welch, Superintendent City of Wichita Falls, Texas James Berzina, City Manager This instrument was executed before me on this day of , 2001, by Connie Welch, Superintendent of the Wichita Falls Independent School District, on behalf of said District. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF WICHITA § This instrument was executed before me on this day of , 2001, by James Berzina, City Manager for the City of Wichita Falls, a municipal corporation, on behalf of said City. Notary Public, State of Texas EXHIBIT A Tract A Approximately 10.34 acres of land out of Block 21, Denton County School Land, League 1, Wichita Falls, Wichita County, Texas. Tract B Approximately 2.41 acres out of a 9.13 acre tract owned by WFISD located at Katherine Drive and JoAnn Drive. Said property is currently devoted to use as Lions Park, pursuant to that certain AGREEMENT PERMITTING LAND USE between WFISD and City dated February 1971. Tract C Approximately 24.958 acres owned by WFISD located east and north of the Washington- Jackson Math/Science Center campus on Harding Street.