Res 045-2022 Accepting Bid and Authorizing the Sale of 3920 Lawrence Road for $926,000 04/05/2022 Resolution No. 45-2022
Resolution authorizing the sale of 0.71 acres located at 3920 Lawrence
Road also known as Lot 3, Block 214-A, Highland Addition, Wichita
Falls, Wichita County, Texas
WHEREAS, the sale of this property will accelerate economic development and
promote retail sales; and
WHEREAS, the City desires to sell the property with attached Specific Agreements
and Deed Restrictions; and
WHEREAS, it is determined to be in the best interest of the public to return this
City-owned property to private ownership and put it back on the tax roll.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1 . The property located at 3920 Lawrence Road and more specifically described
in the attached Plat Map and Property Location Map, Deed Specific Agreements and
Deed Restrictions may be sold to Smokestack Investments, Inc. for the offered amount
of $926,000 and the City Manager is authorized to execute the deed to such property in
such form as approved by the City Attorney.
PASSED AND APPROVED this the 5th day of April, 2022.
MAYOR
ATTEST:
gam-
City Clerk
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� h.9IC ESTERN f'K'; YI - -------
SPECIFIC AGREEMENTS AND DEED RESTRICTIONS
1. Recitals Incorporated. The above recitals and all of the terms defined in them are
incorporated into this Declaration for all purposes.
2. Definitions. The term "Owner" means, individually, and the term "Owners" means,
collectively, Declarant and all future owners of the fee interest of any portion of the
Restricted Property or the Benefited Property(whether the fee interest is obtained through
a purchase from Declarant or through a purchase at a foreclosure sale or trustee's sale or
through a deed in lieu of foreclosure) and their successors and assigns.
3. Covenants and Restrictions. Declarant hereby adopts, establishes and imposes the
following covenants, conditions, and other restrictions onto the Property:
a) Sign regulations. All signs on the Property shall be in accordance with the City of
Wichita Falls regulations in effect at the time, subject to:
i.No billboard or off-premise advertising of any kind shall be built, placed, or
erected on the Property. This restriction is in addition to any other
restrictions stated elsewhere in this instrument;
ii.No political advertising shall be allowed on the property or in the adjacent
public right-of-way;
iii.Other than real estate or similar type signage advertising the sale or lease of
available space on the Property and that is otherwise in compliance with
City regulations, the only free-standing signage allowed on the property will
be one (1) ground-mounted sign advertising the main uses(s) and/or
business contained on the Property with a maximum height measured from
the adjacent ground not to exceed eight feet (8.0'). Said ground mounted
sign shall be encased in the same masonry material as that of the main
structure on the Property. Said ground-mounted sign may be illuminated
internally and/or by ground-mounted lights directed away from roadway
traffic. "Wind flags" or similar free-standing signs are prohibited.
iv.Banner signs shall be allowed to be placed only on the main structure on the
Property;
v.Roof signs or any inflatable signs are prohibited on the Property.
b) Allowed Uses on Property. Residential uses of any kind are prohibited on the
property. Property shall be used for commercial purposes only, subject to:
i.The primary use of the property shall be retail-oriented and generate sales
taxes as such is defined by Texas Tax Code Section 151.010. Approval of
each primary use on the Property not in compliance with this provision 2.a.
shall be by majority vote of the City Council;
ii. The following are prohibited uses on the property:
1. Liquor stores
2. Sexually Oriented Businesses
3. Automotive sales, service, or fueling stations
4. Pawn shops
5. Second hand goods stores
6. Payday loan stores
7. Check cashing outlets
8. Title loan businesses
c) Masonry Construction. All structures and outbuildings on Property are subject to
the following:
i.All structures and outbuildings buildings shall have not less than eighty
percent (80%) masonry construction on each exterior wall, excluding doors
and windows. Structures do not include sidewalks or parking lots.
ii.For the purposes of the entirety of these deed restrictions, "masonry" shall
mean and include brick, stone, decorative concrete masonry unit (CMU), or
other materials of equal characteristics laid up unit upon unit set and
bonded to one another in mortar. Application of said masonry units shall
be allowed as a veneer so long as the same standards are met.
iii.Solid waste containers on the property shall be screened on at least three (3)
sides by a masonry wall;
iv. Masonry shall remain unpainted upon and in its original state in perpetuity.
d) Access Points. Additional driveways from Property onto Lawrence Road or Call Field
Road are prohibited and access onto Lawrence Road is limited to the existing
mutual access easement.
4. Enforcement. If any person, persons, corporation, or entity of any other character
violates or attempts to violate the restrictions set forth in Paragraph3, it will be lawful for
Declarant to prosecute proceedings at law or in equity against the person, persons,
corporation, or entity. Any action taken to enforce the restrictions set forth in this
Declaration will be at the sole cost and expense of the party initiating the action. However,
in any legal or equitable proceeding for the enforcement or to restrain the violation of the
restrictions, each party shall waive the collection of attorney's fees. All remedies provided
in this Declaration or at law or in equity will be cumulative and not exclusive.
5. Partial Invalidity. If any part of this Declaration is declared invalid, by judgment or
court order, it will in no way affect any of the other provisions of this agreement, and the
remaining portion of this agreement will remain in full effect.
6. Waiver. If at any time the Benefited Parties fail to enforce this Declaration, whether
or not any violations of it are known, the failure will not constitute a waiver or estoppel of
the right to enforce it.
7. Duration. The provisions of this Declaration will remain in full force and effect until
the twenty-fifth anniversary of the Effective Date ("Initial Term Termination Date"), and will
be extended automatically after that for successive ten-year (10-year) periods; however,
this Declaration may be terminated on the Initial Term Termination Date, or on the
commencement of any successive ten-year (10-year) period, by filing for record in the Real
Property Records of Wichita County, Texas, an instrument in writing signed by all Owners
of the Benefited Property.
6. Modification; Termination. This Declaration may be modified, amended, or
terminated only by a written instrument that is (a) executed by both the Owner of the
Restricted Property subject to the modification, amendment, or termination and the
Declarant, and (b) filed and recorded in the Real Property Records of Wichita County,
Texas.
9. Binding Agreement. This Declaration and all of its terms, provisions, and covenants
run with the Restricted Property and will apply to, be binding on, and inure to the benefit
of the parties and their respective heirs, executors, legal representatives, and assigns.
When the context requires, singular nouns and pronouns include the plural.
EXECUTED as of , 2022
DECLARANT:
Darron J. Leiker
City Manager
Attest:
City Clerk
Approved as to form:
City Attorney