Ord 20-2014 5/6/2014ORDINANCE NO. 20-2014
Ordinance authorizing the sale of excess City owned property
consisting of 0.30 acres located at 3800 Call Field Road to WF Call
Field, LLC in the amount of $260,520
WHEREAS, the City Council finds that the City complied with all prerequisites to
lawfully receiving bids and conveying the property (the “Property”) described in the
attached Survey, Field Notes and Assignment at the aforementioned address, to WF
Call Field, LLC, as provided by relevant portions of Texas Local Gov’t Code §§
253.001, 253.008, and/or 272.001;
WHEREAS, the City received two bids for the Property, but the original high
bidder withdrew its bid on August 19, 2013;
WHEREAS, Integrated Ventures, LLC originally submitted the second highest
bid, and assigned its rights to the prospective buyer, WF Call Field, LLC, and WF Call
Field, LLC, assignee of rights of second low bidder, increased its second low bid to
$260,520; and
WHEREAS, the City Council finds that the sale of the property located at 3800
Call Field Road to WF Call Field, LLC, assignee of Integrated Ventures, LLC, in the
amount of $260,520, complies with all requirements of Texas Local Gov’t Code §§
253.001, 253.008, and/or 272.001.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. In consideration of the receipt of $260,520, the City Council authorizes the
sale of 0.30 acres located at 3800 Call Field Road, as described in the attached Survey
and Field Notes and depicted as “Subject Tract” in the attached Survey and Aerial
Map, to WF Call Field LLC., subject to the attached Restrictive Covenants, which
were described in the Notice for Bids.
2. The City Manager is authorized to execute all documents necessary to
complete the aforementioned sale and conveyance to WF Call Field, LLC., assignee
pursuant to the attached Assignment, subject to the covenants described in the
Restrictive Covenants, in a form to be approved by the City Attorney.
PASSED AND APPROVED this the 6th day of May, 2014.
______________________________
M A Y O R
ATTEST:
____________________
City Clerk
Survey
Field Notes
Restrictive Covenants
Restrictive Covenants – 3800 Call Field Road
On July 21, 2011, the City of Wichita Falls obtained certain property described as Lot
No. One, Block No. One, Tompkins Addition to the City of Wichita Falls, Wichita County,
Texas, according to the Plat of Records in Volume 26, Page 41, Wichita County Plat
(Strategic Property). This property was obtained in order to construct the Rhea
Road/Lawrence Road Roadway Project (Project). The purpose of this Project was to
build an improved roadway intersection for the benefit of the public at Call Field, Rhea
and Lawrence Roads. The Conveyed Land constitutes a portion of this Strategic
Property coupled with a portion of what was Lawrence Road prior to Project, the
remainder of such real properties (Remainder Property) will benefit from this restrictive
covenant. The following restrictive covenant benefits the Remainder Property in that it
will increase vehicular safety while reducing visual obstructions, clutter, and visual noise
to members of the public that utilize the Remainder Property on and around Lawrence
Road. The restrictive covenant will additionally benefit all properties by ensuring that all
allowable signage will be for on-premise uses and will not be diminished by competition
from large off-premises advertising and signage.
It is understood and agreed that this conveyance is made and accepted, and the realty
is granted, on and subject to the following covenants, conditions, and other restrictions:
1. No billboard of any kind shall be built, placed, or erected on the Conveyed Land.
This restriction is in addition to any other restrictions stated elsewhere in this
instrument.
2. Conveyed Land shall be used for commercial purposes only. Residential uses of
any kind are prohibited.
3. The primary building materials used to construct the façade of all structures built
upon Conveyed Land shall be brick, stone, or stucco. Structures do not include
sidewalks or parking lots.
4. Structures built on any portion of Conveyed Land shall be at least 3,200 sq. ft. A
structure that extends onto adjoining land may meet the minimum square footage
requirement by utilizing structure’s area on the adjoining land.
All restrictions set forth in this instrument will apply to and run with the conveyed land,
and all successive future owners and occupants will be similarly bound by, and will have
the same right to invoke and enforce, the restrictions applicable to this conveyance as
the original parties to this instrument. Additionally, it is expressly acknowledged that the
City of Wichita Falls, as the owner of all or a portion of the Remainder Property that
benefits from this restrictive covenant, shall have the right to invoke and enforce the
restrictions applicable to this conveyance.
ASSIGNMENT
This ASSIGNMENT (“Assignment”) is made effective this _____ day of April, 2014, by and between
Integrated Ventures, LLC, a Texas limited liability company (“Assignor”), and WF Call Field, LLC, a Texas
limited liability company (“Assignee”).
RECITALS
Assignor assigns its rights to purchase 3800 Call Field Road, Wichita Falls, Wichita County, Texas
(“Property”), being more particularly described in the attached Exhibit “A” pursuant to its rights as the second
successful high bidder, in that the high bidder forfeited the rights to purchase Property.
Therefore, in consideration of Ten and No/100 ($10.00) Dollars and other valuable consideration, the
receipt and sufficiency of which Assignor acknowledges, Assignor does hereby Assign, Transfer and Deliver to
Assignee all of Assignor’s rights to purchase Property, and all of the rights, benefits and privileges of the Purchaser
thereunder.
Assignor states that no other assignment by Assignor exists in connection with the Property or Assigned
Rights.
Assignee assumes all liability, obligations, and duties to perform and to discharge any and all obligations
of Assignor arising and being related to purchase of Property. Assignee agrees to indemnify, protect, defend and
hold Assignor harmless from and against any and all liabilities, losses, costs, damages and expenses (including
reasonable attorneys’ fees) directly or indirectly arising out of or related to any breach or default in Assignee’s
obligations hereunder.
All of the covenants, terms and conditions set forth herein shall be binding upon and inure to the benefit of
the parties hereto and their respective heirs, successors, assigns, and legal representatives.
This Assignment may be executed in two or more counterparts, each of which shall be deemed an original,
but all of which together shall constitute one and the same instrument.
ASSIGNOR ASSIGNEE
Integrated Ventures, LLC WF Call Field, LLC
A Texas limited liability company A Texas limited liability company
By: ________________________ By: ________________________
Chris Baker, Manager Chris Baker, Manager
Aerial Map
Subject Tract