CM-2021-161 - 5/28/2021PENDING SIGNATURE FROM
OTHER PARTY
RELEASE OF DEED RESTRICTIONS
STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
This RELEASE OF DEED RESTRICTIONS ("Release") is executed as of ,
2021, by Lester Wayne Westberg ("Prior Owner'), Linda Reed and John Reed (together, Linda Reed and
John Reed being "Owner A'), Stephan Martinez and Margot Martinez (together, Stephan Martinez and
Margot Martinez being "Owner B"), Deborah L. Leggett ("Owner C"), William Mugno and Deborah
Christina Mugno (together, William Mugno and Deborah Christina Mugno being "Owner D"), City of
Round Rock, Texas ("Owner E"), and (collectively, Owner A, Owner B, Owner C, Owner D, and Owner
E being the "Owners").
BACKGROUND FACTS:
A. By General Warranty Deed dated February 21, 1997 (the "Tract A Deed"), recorded
under Document Number 9708518 of the Official Public Records of Williamson County, Texas, Prior
Owner imposed certain conditions and covenants (the "Restrictions") on the land described therein (the
"Tract A").
B. Tract A is a part of that certain 171.45 acre tract (the "Original Tract") of land described
in a Deed to Prior Owner recorded in Volume 769, Page 799 of the Deed Records of Williamson County,
Texas.
C. By Warranty Deed With Vendor's Lien dated October 11, 1994 (the "Tract B Deed"),
recorded under Document Number 9450327, as corrected in Volume 2641, Page 803, of the Deed
Records of Williamson County, Texas, Prior Owner imposed certain conditions and covenants
substantially similar to the Restrictions on the land described therein ("Tract B"), Tract B being a part of
the Original Tract,
D. By Warranty Deed dated June 12, 1995 (the "Tract C Deed"), recorded under Document
Number 9523992, as of the Deed Records of Williamson County, Texas, Prior Owner imposed certain
conditions and covenants substantially similar to the Restrictions on the land described therein ("Tract
C"), Tract C being a part of the Original Tract.
E. By Warranty Deed dated January 22, 1996 (the "Tract D Deed"), recorded under
Document Number 9618889, as of the Deed Records of Williamson County, Texas, Prior Owner imposed
certain conditions and covenants substantially similar to the Restrictions on the land described therein
("Tract D), Tract D being a part of the Original Tract.
F. Owner A is the current owner of Tract A; Owner B is the current owner of Tract B;
Owner C and Owner D, together, are the current owners of Tract C; and Owner E is the current owner of
Tract D;
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NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Prior Owner and the
Owners hereby agree as follows:
AGREEMENTS:
I . Prior Owner hereby (a) ratifies and confirms item A thru item E of the above Background
Facts, and (b) acknowledges that the Owners will rely on this Release.
2. Owner A hereby confirms that they are the current owner of Tract A; Owner B hereby
confirms that they are the current owner of Tract B; Owner C hereby confirms that they are the current
owner of a portion of Tract C; Owner D hereby confirms that they are the current owner of a portion of
Tract C; and Owner E hereby confirms that they are the current owner of the Tract D.
3. Prior Owner hereby releases and terminates the Restrictions as to the Tract A set forth on
Exhibit "B" of the Tract A Deed with the effect that the Tract A shall no longer be bound thereby.
4. Prior Owner hereby releases and terminates the conditions and covenants as to the Tract
B set forth on Exhibit "B" of the Tract B Deed with the effect that the Tract B shall no longer be bound
thereby.
5. Prior Owner hereby releases and terminates the conditions and covenants as to the Tract
C set forth on Exhibit "B" of the Tract C Deed with the effect that the Tract C shall no longer be bound
thereby.
6. Prior Owner hereby releases and terminates the conditions and covenants as to the Tract
D set forth on Exhibit "B" of the Tract D Deed with the effect that the Tract D shall no longer be bound
thereby.
7. The Owners hereby consent and agree to the release and termination of the conditions
and covenants as to the Tract A, Tract B, Tract C, and Tract D as set forth herein, and further agree they
shall have no right to enforce such conditions and covenants as to Tract A, Tract B, Tract C, and Tract D
to the extent such right existed prior to execution of this Release.
8. Prior Owner represents and warrants to all persons and entities interested in the
redevelopment of the Tract A, Tract B, Tract C, and Tract D that Prior Owner has not assigned,
transferred or encumbered, in whole or in part, the rights being released and terminated by this Release.
9. This Release shall be binding upon Prior Owner, the Owners, and their heirs, successors
and assigns, and benefit the owners and mortgagees of Tract A, Tract B, Tract C, and Tract D and their
respective successors and assigns.
[SIGNATURE PAGE BELOW]
[SIGNATURE PAGE]
EXECUTED to be effective on the date first set forth above.
Lester Wayne Westberg
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the _ cloy «f'
202_, by Lester Wayne Westberg.
Notary Public in and for
the State of Texas
[SIGNATURE PAGE]
EXECUTED to be effective on the date first set forth above.
Stephan Martinez
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the _ day of
202 , by Stephan Martinez.
Notary Public in and for
the State of Texas
Margot Martinez
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the _ day of
202_, by Margot Martinez.
Notary Public in and for
the State of Texas
[SIGNATURE PAGE]
EXECUTED to be effective on the date first set forth above.
Deborah L. Leggett
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the _ day of
202_, by Deborah L. Leggett.
Notary Public in and for
the State of Texas
[SIGNATURE PAGE)
EXECUTED to be effective on the date first set forth above.
William Mugno
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the _ day of ,
202 , by William Mugno.
Notary Public in and for
the State of Texas
Deborah Christina Mugno
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the _ day of
202 , by Deborah Christina Mugno.
Notary Public in and for
the State of Texas
[SIGNATURE PAGE]
EXECUTED to be effective on the date first set forth above.
City of Round Rock, Te as
13 .
Name: Laurie Hadley
Title: City Manager
STATE OF TEXAS
COUNTY OF WILLIAMSON
T 's ' strume t w ack9owledged bef e eon day of ,
�zmr
2021, by �i,C , the behalf of the City of Round
Rock.
���ARY
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Notary Public i d for
the State of Texvs
[SIGNATURE PAGE]
EXECUTED to be effective on the date first set forth above.
Linda Reed
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the _ day of
202_, by Linda Reed.
Notary Public in and for
the State of Texas
John Reed
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the day oC
202 , by John Reed.
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City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing a Release of a Deed Restrictions for City -owned property at
1001 North Red Bud, Williamson County, Texas.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/28/2021
Dept Director: Steve Sheets, City Attorney
Cost:
Indexes:
Attachments: Release of Deed-00472586.PDF, Map-00472688.PNG, Support
Docs-00472692.PDF
Department: Legal Department
Text of Legislative File CM-2021-161
A previous owner of the City's property imposed deed restrictions through Warranty Deed dated January
22, 1996 (Document No. 9618889). Identical deed restrictions were imposed on four (4) other adjacent
tracts. An adjacent property owner is requesting all owners with these identical deed restrictions release
their restrictions, as it is required for the pending sale of his property. It is beneficial for the City to release
the restrictions to its property for any future development.
City of Round Rock Page I of I