Regional Solid Waste System
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121 Regional Disposal Facility; Resolution No. 24-50; Second Amendment of General Warranty Deed on 65.425 Acres near the 121 Regional Disposal Facility
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SUBJECT
recommendation
Adoption of Resolution No. 24-50 extending the period for Melissa Independent School District’s requirement to use 65.425 acres (Property) for school purposes by five (5) additional years for a total of twenty-five (25) years or the title shall immediately revert to the North Texas Municipal Water District (NTMWD).
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PURPOSE
Melissa Independent School District (MISD) requested an additional five years to extend the time period requirement to use the Property for school purposes or the Property reverts to NTMWD per the General Warranty Deed.
RECOMMENDATION
The Executive Director and NTMWD staff recommend the Board of Directors:
1) Adopt Resolution No. 24-50, “A Resolution Authorizing the Executive Director to Execute a Second Amendment of General Warranty Deed on approximately 65.425 Acres of Property in Melissa, Texas”.
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Contracting Parties: |
NTMWD and Melissa Independent School District |
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Scope: |
Second Amendment of General Warranty Deed |
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Original Agreement: |
General Warranty Deed with a reversionary interest in the property, dated December 9, 2004, as amended by Amendment of General Warranty Deed dated April 29, 2013 |
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Amount: |
N/A |
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Committee: |
This was an item on the September 25, 2024, Real Estate Committee meeting agenda |
DRIVER(S) FOR THIS PROJECT
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Strategic Objective: |
3.3 - Durable Strategic Partnerships |
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☐ Regulatory Compliance |
☐ Asset Condition |
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☐ Capacity |
☐ Redundancy/Resiliency |
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☒ Relocation or External Requests |
☐ Operational Efficiency |
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☐ Safety |
☐ Administrative |
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☐ Policy |
☐ Other _____________ |
BACKGROUND
PROJECT PURPOSE
• NTMWD conveyed approximately 65.425 acres (the Property) to MISD on December 9, 2004, to be used for school purposes.
• If MISD failed to use the Property for school purposes within ten (10) years, or by December 9, 2014, ownership of the Property would revert to NTMWD.
• Prior to December 9, 2014, MISD requested that the term for its use of the Property for school purposes be extended for an additional ten (10) years.
• An Amendment of General Warranty Deed was executed and filed extending that period to December 9, 2024.
• MISD has requested that the period for it to use the Property for school purposes be extended for an additional five (5) years to December 9, 2029.
• This time extension will be accomplished by the execution and filing of a Second Amendment of General Warranty Deed, with NTMWD retaining a reversionary interest in the Property.
SUPPORT SERVICES
• Employ the firm of Saunders, Walsh & Beard, Attorneys & Counselors, to act as counsel on the amendment of the Deed.
FUNDING
N/A