R-2022-393 - 12/1/2022 RESOLUTION NO. R-2022-393
WHEREAS, the City of Round Rock ("City") desires to purchase 0.115 acres required for
construction of the Gattis School Road Phase 3 Project(Parcel 4); and
WHEREAS, Turtle Creek Market, LLC, the owner of the Property, has agreed to sell said
Property to the City,Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,
That the Mayor is hereby authorized and directed to execute.on behalf of the City a Real Estate
Contract with Turtle Creek Market, LLC for the purchase of the above-described Property, a copy of
said Real Estate Contract being attached hereto as Exhibit "A" and incorporated herein for all
purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 1 st day of December, 2022.
A Z
CRAIG M RGA ayor
City of Round R , Texas
ATTEST:
M A' 'AN SPI S, Cit Clerk
01 12.20222;4861-1349-5871
EXHIBIT
„A►,
REAL ESTATE CONTRACT
Gattis School Road Ph. 3 Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between TURTLE
CREEK MARKET, LLC, a Delaware limited liability company, its successors and assigns
(referred to in this Contract as "Seller", whether one or more) and the CITY OF ROUND ROCK,
TEXAS (referred to in this Contract as "Purchaser"), upon the terms and conditions set forth in
this Contract.
ARTICLE I
PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser purchases and agrees to
pay for,the tract(s)of land described as follows:
All of that certain 0.115 acre(5,014 square foot)tract of land out of and situated in
the Asa Thomas Survey, Abstract No. 609 in Williamson County, Texas; more
fully described in Exhibit "A", attached hereto and incorporated herein (Parcel 4):
together with all and singular the rights and appurtenances pertaining to the property, including
any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such
real property, rights, and appurtenances being referred to in this Contract as the "Property"), and
any improvements and fixtures situated on and attached to the Property described in Exhibit "A"
not otherwise retained by Seller, for the consideration and upon and subject to the terms,
provisions, and conditions set forth below.
ARTICLE II
PURCHASE PRICE
Purchase Price
2.01. The Purchase Price for the Property, compensation for any improvements on the
Property, and for any damage or cost of cure for the reconfiguration of the remaining property of
Seller shall be the sum of NINETY-EIGHT THOUSAND EIGHT HUNDRED TEN and 00/100
Dollars($98,810.00). The damage referenced in this paragraph only relates to remainder damages
from the acquisition and not any damages caused by construction.
Payment of Purchase Price
2.02. The Purchase Price shall be payable in cash at the Closing.
TURTLF.(4)--contract for Gattis School 3 ro.w (MWS 11 11 22)4861.4981-8174 v.I
v
Special Provisions
2.03. Subject to the access management criteria of Purchaser in place at the time of a
driveway permit application, when improvements are made to East Rock Cove that comply with
Purchaser's Transportation Criteria Manual Design and Construction Standards (DACS), Seller
shall be entitled to a driveway permit at approximate Sta. 107+00 as shown in Exhibit "B,"
attached hereto and incorporated herein, or as otherwise agreed to by Purchaser and Seller.
ARTICLE III
PURCHASER'S OBLIGATIONS
Conditions to Purchaser's Obligations
3.01. The obligations of Purchaser hereunder to consummate the transactions
contemplated hereby are subject to the satisfaction of each of the following conditions (any of
which may be waived in whole or in part by Purchaser at or prior to the Closing).
Miscellaneous Conditions
3.02. Seller shall have performed, observed, and complied with all of the covenants,
agreements, and conditions required by this Contract to be performed, observed, and complied
with by Seller prior to or as of the Closing.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
OF SELLER
4.01. Seller hereby represents and warrants to Purchaser as follows, which representations
and warranties shall be deemed made by Seller to Purchaser also as of the Closing Date, to the
best of Seller's knowledge:
(a) There are no parties in possession of any portion of the Property as lessees, tenants
at sufferance,or trespassers,other than previously disclosed to Purchaser,
(b) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules
and restrictions relating to the Property,or any part thereof,
4.02. The Pronerty herein is beingconveyed onveyed to Purchaser under threat of condemnation.
el�ol 2
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ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Texas National Title, Inc. on or before June
30, 2023, or at such time, date, and place as Seller and Purchaser may agree upon, or within 10
days after the completion of any title curative matters if necessary for items as shown on the Title
Commitment or in the contract(which date is herein referred to as the"Closing Date").
Seller's Obligations at Closing
5.02. At the Closing Seller shall:
(1) Deliver to the City of Round Rock, Texas a duly executed and acknowledged Deed
conveying good and indefeasible title in fee simple to all of the Property described in Exhibit"A",
free and clear of any and all liens and restrictions,except for the following:
(a) General real estate taxes for the year of closing and subsequent years not
yet due and payable;
(b) Any exceptions approved by Purchaser pursuant to Article III hereof,and
(c) Any exceptions approved by Purchaser in writing.
(2)The Deed shall be in the form as shown in Exhibit **C'" attached hereto.
(3) Provide reasonable assistance as requested and at no cost to Seller to cause Title
Company to provide Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued
by Title Company, in Purchaser's favor in the full amount of the Purchase Price, insuring
Grantee's fee simple and/or easement interests in and to the Property subject only to those title
exceptions listed herein, such other exceptions as may be approved in writing by Purchaser, and
the standard printed exceptions contained in the usual form of Texas Owner's Title Policy,
provided, however:
(a) The boundary and survey exceptions shaI I be deleted;
(b) The exception as to restrictive covenants shall be endorsed "None of
Record", if applicable;and
(c) The exception as to the lien for taxes shall be limited to the year of closing
and shall be endorsed "Not Yet Due and Payable".
3
(4) Deliver to Purchaser possession of the Property unless otherwise provided by the
terms set out herein.
Purchaser's Obligations at Closin
5.03. At the Closing, Purchaser shall:
(a) Pay the cash portion of the Purchase Price.
Prorations
5.04. General real estate taxes for the then current year relating to the Property shall be
prorated as of the Closing Date and shall be adjusted in cash at the Closing. If the Closing shall
occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be
upon the basis of the tax rate for the next preceding year applied to the latest assessed valuation.
Agricultural roll-back taxes, if any, shall be paid by Purchaser.
Closing Costs
5.05. All costs and expenses of closing in consummating the sale and purchase of the
Property shall be borne and paid as follows:
(1) Owner's Title Policy and survey to be paid by Purchaser.
(2) Deed, tax certificates, and title curative matters, if any, paid by Purchaser.
(3) A I I ether closing costs shall be paid by Purchaser.
(4) Attorney's fees paid by each respectively.
ARTICLE VI
BREACH BY SELLER
In the event Seller shall tail to fully and timely perform any of its obligations hereunder or
shall fail to consummate the sale of the Property for any reason, except Purchaser's default,
Purchaser may: (1) enforce specific performance of this Contract; or (2) request that the Escrow
Deposit, if any, shall be forthwith returned by the title company to Purchaser.
4
ARTICLE VII
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the Property, the
conditions to Purchaser's obligations set forth in Article III having been satisfied and Purchaser
being in default and Seller not being in default hereunder, Seller shall have the right to receive the
Escrow Deposit, if any, from the title company, the sum being agreed on as liquidated damages
for the failure of Purchaser to perform the duties, liabilities, and obligations imposed upon it by
the terms and provisions of this Contract, and Seller agrees to accept and take this cash payment
as its total damages and relief and as Seller's sole remedy hereunder in such event. If no Escrow
Deposit has been made then Seller shall receive the amount of$500 as liquidated damages for any
failure by Purchaser.
ARTICLE VIII
MISCELLANEOUS
Notice
8.01. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the address set forth opposite the signature
of the party.
Texas Law to Apply
8.02. This Contract shall be construed under and in accordance with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in Williamson
County, Texas.
Parties Bound
8.03. This Contract shall be binding upon and inure to the benefit of the parties and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Contract.
Legal Construction
8.04. In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Contract shall be construed as
if the invalid, illegal, or unenforceable provision had never been contained herein.
1/ 5
Prior Agreements Superseded
8.05. This Contract constitutes the sole and only agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the within
subject matter.
Time of Essence
8.06. Time is of the essence in this Contract.
Gender
8.07. Words of any gender used in this Contract shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context requires otherwise.
Memorandum of Contract
8.08. Within fourteen (14) days following the full execution of this Contract, the parties
shall execute a memorandum of this Contract suitable for filing of record, in the form as set out in
Exhibit `D" attached hereto and incorporated herein. It is agreed that Purchaser shall cause the
executed memorandum to be recorded in the Official Records of Williamson County, Texas.
Compliance
8.09 In accordance with the requirements of Section 20 of the 'Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title
insurance or Purchaser should have the abstract covering the Property examined by an attorney of
Purchaser's own selection.
Effective Date
8.10 This Contract shall be effective as of the date it is approved by the Round Rock city
council or city manager, which date is indicated beneath the Mayor's or City Manager's signature
below.
Counterparts
8.1 1 This Contract may be executed in any number of counterparts, which may together
constitute the Contract. Signatures transmitted by facsimile or electronic mail may be considered
effective as originals for purposes of this Contract.
d 6
Possession and Use Agreement
8.12. Upon completion of(1) the full execution of this Contract by all parties, and (2) the
full execution of the memorandum of this Contract as set out in Section 8.08 above, Purchaser, its
agents and contractors shall be permitted at any time after the expiration of sixty (60) days
following the Effective Date to enter and exclusively possess the Property prior to Closing for the
purpose of completing any and all necessary testing, utility relocation and adjustment, and
construction activities associated with the proposed Gattis School Road improvement construction
project of Purchaser.
SELLER:
TURTLE CREEK MARKET, LLC,
a Delaware limited liahility company
By:_ __ _e Address:1250 Aviation Ave.. Ste 200-F
Name: Clark San Jose, Cal ifornio 951 10
Its: Sole Member and Managing Member
PURCHASER:
CITY OF ROUND ROCK,TEXAS
By: Address: 221 E. Main Street
Craig Morgan, Mayor Round Rock,Texas 78664
Date:
7
02-06-2019
Page 1 of 4
�t "A-1"
County: Williamson
Parcel: 4
Project: Gattis School Road
PROPERTY DESCRIPTION FOR PARCEL 4
DESCRIPTION OF A 0.115 ACRE (5,014 SQUARE FOOT) TRACT OF LAND SITUATED IN THE P.A.
HOLDER SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF
LOT 1A, BLOCK "A" (5.514 ACRES), REPLAT OF LOT 1, TURTLE CREEK COMMERCIAL
SUBDIVISION, A SUBDIVISION OF RECORD IN DOCUMENT NO. 2014075563 OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DESCRIBED IN SPECIAL WARRANTY DEED
TO TURTLE CREEK MARKET, LLC, RECORDED IN DOCUMENT NO. 2013051381 OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.115 ACRE (5,014 SQUARE FOOT)
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS I
FOLLOWS:
COMMENCING at a May Nail with washer stamped "Survlex-LLC" found 275.34 feet left of proposed
Gattis School Road Baseline Station 41+03 81, being an ell corner In the southerly boundary line of said
Lot 1A, sarne being the northwesterly corner of Lot 3, Turtle Creek Commercial Subdivision, a subdivision
of record in Cabinet DID, Slide 270-271 (Doc. No. 2007066259)of the Plat Records of Williamson County,
Texas;
THENCE, with the common boundary line of said Lot 1A and said Lot 3, N 88'19'23" E, for a distance of
211.61 feet to an iron rod with aluminum cap stamped"ROW 4933"set, (Grid Coordinates determined as
N=10154605.52, E=3139455.71 TxSPC Zone 4203), 275.80 feet left of proposed Gattis School Road
Baseline Station 43+20,93, in the proposed westerly right-of-way (ROW) line of A.W. Grimes Boulevard,
(ROW width varies), for the southwesterly corner and POINT OF BEGINNING of the herein described
tract;
E
THENCE,departing said Lot 3,with said proposed westerly ROW line, through the interior of said Lot 1A,
the following two(2)courses:
1) N 02°37'42" W, for a distance of 319.41 feet to an iron rod with aluminum cap stamped "ROW
4933" set, 595.17 feet left of proposed Gattis School Road Baseline Station 43+15.61, for an j
angle point herein;
2) N 08°35'31" E, for a distance of 75.38 feet to an iron rod with aluminum cap stamped "ROW
4933" set, 669.34 feet left of proposed Gattis School Road Baseline Station 43+29.04, being In
the existing curving westerly ROW line of A. W. Grimes Boulevard (120' ROW width), for the 1'
northerly corner of the herein described tract, and from which, an Iron rod with plastic cap
stamped "Survtex-LLC" found, being the northeasterly corner of said Lot 1A, same being the
northerly southeasterly corner of Lot 1B said Replat of Lot 1, bears with said existing westerly
ROW line along a curve to the left, having a delta angle of 00*48'12", a radius of 11387.89 feet,
an arc length of 159.66 feet and a chord which bears N 02°56'35"W, at a distance of 159.66 feet;
THENCE, departing said proposed westerly ROW line, with said existing westerly ROW line, same being
the easterly boundary line of said Lot 1A, the following two (2)courses:
li
I
Page 2 of 4
3) Along a curve to the right, having a delta angle of 00'07'12", a radius of 11387.89 feet, an arc
length of 23.85 feet and a chord which bears S 02028153" E, for a distance of 23.85 feet to a 112
inch iron rod found, for a point of tangency;
4) S 02°28'04" E, for a distance of 369.73 feet to an Iron rod with plastic cap stamped "Survtex-
LLC" found, being an ell-corner In said easterly boundary line, same being the northeasterly
corner of said Lot 3, for the southeasterly corner of the herein described tract;
5) THENCE, departing said existing westerly ROW line, with the common boundary line of said Lot
1A and said Lot 3, S 88019'23" W, for a distance of 13.57 feet to the POINT OF BEGINNING,
containing 0.115 acre (5,014 square feet)of land, more or less,
This property description is accompanied by a separate parcel plat.
All bearings recited herein are based on the Texas State Plane Coordinate System, Central Zone No.
4203, NAD 83,
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENT'S:
COUNTY OF WILLIAMSON §
That I, M. Stephen Truesda!e, a Registered Professional Land Surveyor, do hereby certify that the above
description is true and correct to the best of my knowledge and belief and that the property described
herein was determined by a survey made on the ground under my direct supervision.
WITNESS MY 7HAAp AND SEAL at Round Rock, Williamson County, l exas.
M. Stephen Trues ale Date
Registered Professional Land Surveyor No. 4933 't
Licensed State Land Surveyor E..�?F
Inland Geodetics, LLC �� 0%a TEp'r
Firm Registration No: 100591-00 ;'a * 0'.
1504 Chisholm Trall Road, Suite 103 "......
SDALE
Round Rock, TX 78681 M.Stt:PHENTRUE
HRUE.....
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MARKET.doc I
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EXHIBIT IA,
PLAT TO ACYAMPANY PARCEL. DESCRIPTION 03/10/20
NUMBER DIRECTION DISTANCE LOT 1-B
PAGE 3 Or 4
BLOCK A
L 1 NOB•35'31"E 75.38' -F} 1 i •s`1°J
L2 S88'19'23"W 13.
P.A. NOLT_)E-f SURVEY -
ABSTRACT NO. 297
I M
1 I I N
---l-J +-+o----WAEFRI INE EASEMENT I V
I I 10'PAR T IC.1 1
1
I DOC.
N0, 2008015I5
1
( 1 O.P.R.W.C.T. I ,
1 STA. 43.29.04 r 0 50 100
669.34' LT
100
LOT I-A STA. 43.15.61 z; g11QIS
BLOCK A - 595.17' LT
(5.514 AC.
TURTLE CREEK z'
j MARKET, LLC h-� W' '
I DOC. NO. 2013051381 _o i in: `� p
I O.P.R.W.C.T. M �a
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j I 0. 1 15 AC.
REPLAT OF LOT 1 i i 51014 S0. FT.
TURTLE CREEK COMMER61AL1
SUBDIVISION
DOC. NO. 2014075563
O.P.R.W.C.T. I 1 I;, ,
N;
I J WATERI IMF FASF)JrNT
10.227 AC
( i..-.... PART 2M
I 1 DOC. 110. 2008015141 I1 1, !
I I O.P,R.W.C.T. ((yy I I i I
--- --_L.......-._- -----z 1 /
r� (N88' 19'07"E 225. 13'' 'i 4v 1
I I I .• N88' 19 23'E 21 1.61 1
III I I LOT 3 '
1 I l j BLOCK A STA. 43-220.693 '2
P.0•C. I 1 275.80' LT
STA. 41•03.81 I I I GRIO COORDINATESI
275.34' LT I I I N•10154GO5.52 I \�c•
I I I E•3139455.71 I '
1 1 1 1 TURTLE CREEK C~ •";�
l� COMMERCIAL 'I
(I I I I SUBDIVISION I,
I I I 1 CAB. DD, SLIDE 270-271
P.R.W.C.T.
DOC, NO. 2007066259 i
7 0 I 11 O.P.R.W.C.T,
�_y.6'X4ST-LNG-R..O.-W -"
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_ : GATTIS SCHOOL ROAD
n — `-� ' tH.O.w. WIDTH VA111 E5!
PROPO EO GATTIS SCHOOL ROAD OASELINE
40.00 J 41•+00 42.00 43i00 44•00 ri5.00 —�46.00
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-� PARCEL PLAT SHOWING PROPERTY OF
IN LAND
GEODETICS 'l TURTLE CREEK MARKET, LLC PARCEL 4
PROF-LSSIONAL LAND SURVII'ORS
1 SO4 CHISfiI I TRAIL RD.STE.103 -- ____._- L
__ROUND ROCK,TX,78681 SCALE PROJECT COUNTY
PH.(512)238-1200,FAX(512)238-12SI
fIRMREGISTI2AT10NNO.100591-00 1" = 100 GATTIS SCHOOC ROA WILLIAMSON
Sj\" 'G\GAT IS SCHOOL - W Y PARK 170 RR RANCH R0\PARCF.I.S\PARCE1IRTLF C11M, MARKET\PARCEL -TURILL CREEK MARKET-REV.dgn
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EXHIDI r
LEGEND PLAT TO A(170MPANY PARCEL DESCRIPTION 03/10/20
PAGE 4 OF 4
1112" IRON ROD FOUND, UNLESS NOTED q. CENTER LINE
0 IRON SET W/ PLASTIC CAP R PROPERTY LINE
STAMI'FD "INLAND-4933" ( ) RECORD INFORMATION
O IRON ROD FOUND W/PL.AST[C i/I— LINE BREAK
r-11 DENOTES COMMON OWNERSHIP
CAP, AS NOTED P.O.B. POINT OF BEGINNING
0 COTTON GIN SPINDLE FOUND P.O.C. POINT OF COMMENCING
N. T. S. NOT TO SCALE
O %2" IRON PIPE FOUND, UNLESS NOTED STMSE STORM SEWER EASEMENT
X X CUT FOUND SSE SANITARY SEWER EASEMENI
0 MAG NAIL FOUND P.U.E. PUBLIC UTILITY EASEMENT
60/D NAIL FOLIND D.R.W.C. 1. DEED RECORDS
® MAG NAIL SET WILLIAMSON COUNTY, TEXAS
O.R.W. C. T. OFFICIAL RECORDS
,ns CALCULATED POINT U.P.R.W,C. T. WILLIAMSON COUNTY, TEXAS
O IRON ROD W/ ALUMINUM CAP OFFICIAL PUBLIC RECORDS
WILLIAMSON COUNTY, TEXAS
STAMPED "ROW-4933" SET P.R.W.C.T. PLAT RECORDS
(UNLESS NOTED OTHERWISE) WILLIAMSON COUNTY, TEXAS _
1) All bearings shown hereon are based an grid bearing. All distances are surface distances. Coordinates are
surface values based on the Texas tote Plane Coordinate System, NAD B3, Central Zone,
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION Willi THAT COMMITMENT FOR TITLE INSURANCE GF NO. 1920229-KFO,
ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE MAY 17, 2019, ISSUE DATE MAY 29, 2019.
I. RESTRICTIVE•' COVENANTS: CABINET DD, SLIDE 270, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND DOCUMENT
N0. 2014075563 (PLAT), 2007096348 AND 2018019698, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS,
SUBJECT TO.
TOG. ANY AND ALL EASEMENTS, BUILDING LINF•:S AND CONDITIONS, COVENANTS AND RESTRICTIONS AS SET FORTH IN PLAT
RECORDED IN CABINET 00, SLIDE 270, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO, DOC. NO.
2014075563, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAASON COUNTY, SUBJECT TO.
H. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY BY INSTRUMENT RECORDED IN VOLUME 337, PAGE 200, OF THE
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM ITS DESCRIPTION CAN NOT BE LOCATED.
1. EASEMENT FOR INGRESS AND EGRESS AS SET FORTH IN VOLUME 590, PAGE 680, OF THE DEED RECORDS OF WILLIAMSON
COUNTY, DOES NOT AFFECT.
J. EASEMENT GRANTED TO TEXAS POWER & '..IGHT COMPANY AND SOUTHWESTERN BFIL TELEPHONE COMPANY BY INSTRUMENTS
RECORDED IN VOLUME 664, PAGE 845 AND VOLUME 710, PAGE 134, OF THE DEED RECORDS OF WILLIAMSON COUNTY,
TEXAS, DO NOT AFFECT.
K. EASEMENT GRANTED TO CITY OF ROUND ROCK BY 1NSTRUMFNr RECORDED IN DOCUMENT NO. 2008015151, OF THE OFFICIAL
PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN.
I.. EASEMENT GRANTED TO ATMOS ENERGY CORPORATION BY INSTRUMENT RECORDED IN DOCUMENT NO. 2011013506, OF IIIL
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, DOES NOT AFFECT.
M. TERMS, CONDITIONS AND STIPULATIONS OF THAT CERTAIN SHOPPING CENTER DECLARATION RECORDED IN DOCUMENT NO.
2007096346, OF TIT!". Off-ICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO, .,
Ii
N. TERMS, CONDITIONS AND STIPULA110NS OF THAT CERTAIN COMPENSATORY PARKING AGREEMENI RECORDED IN DOCUMENT
NO. 2014081055, OF THE OFFICIAL. PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO IF APPLICABLE.
NUMBER DELTA RADIUS LENGTH CHORD CHORD BEARING
C1 00'07' 12." 1 1387.89' 23, 85' — 2.3. 85' - S02'28'53"E
C2 00'48' 12" 1 1387.89' 159.66' 159.66, NO2'56'35"W
(C3) (0 1 10'33") 11 1 387.89' ) (233. 68) (233.68' ) (S03'01'31 "E)
I HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE
BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTYSHOWN p
GROUND REIN ASDIEFCTM�SRERVISIONj4N �ED BY A 1RV(.Y MADE ON THE '�;g�;�pE`.}
_ / ZOO 1NiI
M11�S71.iPHIiN TRU[SDAIF
M, STEP EN T U SDALE DATE. ......' ""......
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4933 f °1) `1�J.�3 �T4 A RE FCT
LICENSEDD STATE
LAND SURVEYOR Yti..nFA.yB�et"X0 ACQUISITION 0. 115 5,014
INLAFIRM REGISTRATION NO. 100591-00 d Q••S'J K CALC/DEED AREA 5, 514 240, 190
1504 CHISHOLM TRAIL ROAD, SUITE 103 y REMAINDER AREA r
ROUND T 1 5, 399 235, 176
I1 — PARCF(_ PLAT SHOWING PROPERTY OF
I NLANDL;
CEODETICS TURTLE CREEK MARKET, LLC PARCEL 4
PROFFSSIONAL LAND SURVEYORS
1504ROHUND ROCK TX.78681ISHOL%4 TRAIL RD. E.103 __
PH.(512)238.1200,FAX(512)238-12S I
PROJECT SCALE COUNTY
hRMREGISTRATION NO,100591-00 1" 100' GATTIS SCIl00L ROAD WILLIAMSON
G S \kRTG\GATTIS SC..4001 - WIND AR 0 R RANCH RE)WARCELS\PARCEL 4-TURTLE REEK MARKET\PARCLL 4-TURTLE CREEK MARKET-REY.Cun
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INDEXINDEX O_�T CITY OF ROUND ROCK,TEXAS
WILL IAAKpI ROUND HOCK EKA
tHEET TRANSPORTATION SERVICES DEPARTMENT
m NO. DESCRIPTION r.
GATTIS SUM AND _
N I TITLE SHEET INDEX of
l� PLANS OF PROPOSED
Z - STATE HIGHWAY IMPROVEMENT FINAL PLANS
GATTIS SCHOOL ROAD DATE CONTRACTOR BEGAN WORK:
LLJ Cr ` SEGMENT 3 DATE WORK WAS COMPLETED AND ACCEPTED:
WILLIAMSON COUNTY FINAL CONTRAC? COST: $
`
/� (^ L[MI TS: 0. LEw.2J MILES OF A.W. GRIMES BLVD GATTIS SCHOOL ROAD
TO 0.22 u( i E. OF DOUBLE CREEK OR FUNCTIONAL CLASSIFICATION. MAJOR ARTERIAL
�P P� FOR THE RECONSTRUCTION OF AN ARTERIAL STREET DESIGN SPEED: 45 MPH
CONSISTING OF: GRADING, DRAINAGE, FLEXBASE, ASPHALT PAVEMENT,
/<� ILLUMINATION, UTILITIES, SIGNING AND PAVEMENT MARKINGS
GATTIS SCHOOL ROAD
BEGIN INCIDENTAL WgtK BEGIN INCIDENTAL WORK END SEGMENT 3 NET LENGTH OF ROADWAY• 6348.72 Fi. • t.202 MI
E. ROCK COVE A.W. GRIMES GATTIS SCHOOL ROAD NET LENGTH OF BRIDGE 110.R4
FT. • G.021 ui
STA. 97•80.00 v STA. 574.00.00 STA. 91.09.56
Qs TOTAL LENGTH OF PROJECT- 6459.56 FT.- 1.223 A11
BEGIN INCIDENTAL WORK
WINDY PARK
STA. 11.12.5041 `_
ATTIS 1 I, ROBERT CARRILLO, P.E.. DO CERTIFY THAT 'HE PUBLIC WORKS
i AND DRAINAGE IMPROVEMENTS DESCRIBED HEREIN HAVE BEEN
DESIGNED IN COMPLIANCE WITH THE SUBDIVISION AND BUILDING
a--�` ff7f
REGULATION ORDINANCES AND STORMAATER DRAINAGE POLICY ADOPTED
BEGIN SEGMENT 3 \ —j- --I' BY THE CITY OF ROUND ROCK, TEXAS.
GATTIS SCHOOL ROAD \,
STA. 26.50.00 ,Fl ROORIGUEZ TRANSPORTION GROUP, INC. DATE END INCIDENTAL WORK PROJECT MANAGER
■�W V I rRnNsrrmrnnur. A.W. GRIMES
STA. 589.00.00 '�(" J
��
TNs docR bw,s,e.k,tl'Dr W,pv�ryoses ({� ACCEPTED FOR CONSTRUCTION
Mp . re.+ewe d-Ke auD T
1.RdXr.Cft.no EM1fi9
un 1.9'1011.Aa pwft"P fn. END INCEDENTAL WORK END INCIDENTAL WORK 'consDVc9m.yAOrq aPe'RtW'9 purpasel. WINDY PARK E. ROCK COVE
CITY OF ROUND ROCK, TEXAS :;A-E
STA. IS•59.39 STA. 110.13.77 TRANSPORTATION DEPARTMENT
LOCATION MAP
ALL RESPONSIBILITIES FOR THE ADEDUECY OF THESE PLANS R�' _�Sole
REMAINS WITH THE ENGINEER WHO PREPARED THEM. IN
ACCEPTING THESE PLANS, THE CITY OF ROUND ROCK MUST
RELY UPON THE ADEDUECY OF THE WORK OF THE DESIGN ENGINEER,
REQUIRED SIGNS SHALL BE IN ACCORDANCE WITH REGISTERED ACCESIBILITY SPECIALIST (RAS) INSPECTION REQUIRED
BC (1)-21 THRU BC (12)-21 "TEXAS MANUAL TDLR N0. TABS
ON UNIFORM TRAFFIC CONTROL DEVICES
HOUND ROCK 71
B
p.\\rt9'R�G^tie,,.cow.;q p`\Dx....-to\835Bf�\CfdPPim S' .\G GSR3•PLN•TITI.dT
-_.. --.-. ..... . ....... .....-------------------------.-.....----....-.-.------_.._.....-------_._----------._-...-----_----._-----.-----------.--'
J
a
I COTTON I—I z_RACOVE
VARIES I
EXISTING qlq,
J rTYP) VARIES oGL- GL
J .,'� L
Q PARK PAVEMENT SEE DETAIL 'B' `J---____ Cu DOE OF PAVEMENT
PROPOSED TYPICAL SECTION EXISTING TYPICAL SECTION
COTTONWOOD STA. I1.30 - II.9S EAST ROCK COVE STA. 97.80 - 110•15
_ 1 2- TY C ISLIRF) HMAC
w %KIND, I Imo—l x NXCOVE A* TY C M4[P
I KK Ill- FLEX BASE
EL 2.0' /.S'.7.5. 2.0' :a f3 EOUAL LIFTS)
W i
1 I 4 RIBBON CURB DETAIL
WI' 1 4 —' �V R:FS�vAAI S� —
WI REFER TO GENERAL NOTES ON 1211CSTAN STANDARD 11 AND CUTE AND GUTTER 1CCCG-1O CONCRETE
CUR FOR
+Y r - RIBBON-� I CONCRETE CLASS AND REINFORCEMENT, ALL GENERAL
- c' ITTPI P_.
FLEx BASE J` - --_-_ --_ 3 NOTES APPLICABLE TO RIBBON CURB.
SEE DETAIL
AND MWCP THIS SHEET
EXISTING TYPICAL SECTION PROPOSED TYPICAL SECTION
WINDY STA. 12•50 - 15.50 EAST ROCK COVE STA. 97.80 - 109•50
—�WINDY .e ICI%_RKCWE
21 —1 X-RIND, G
Yc ''VARIES 9T -0I
I L_ IS.S' I ROTES
I.STAfION llYliS SNpw1 ARE APPROXIW TE
I 37' I W - SJ I U - - AND FOR NORMAL ROADWAY CONDITIONS. FOR
VARIES I VARIES'
ION WI DENIRGS, TRANSITIONS AND CURB
LIMITS,
REFER TO VARIOUS PLAN 6 PROF TLE SHEETS.
•' 1 - c%G ITYP,
- 2.5AWCUT LINE TO BE SET AT 2' INSIDE
`VARIES .�„- PGL _ SEE DETAIL 'B' EXISTING LIP OF GUTTER OR 2' INSIDE
[ PROPOSED LIP OF GUITER.
C6G ITYPI ,�\ PROPOSED TYPICAL SECTION 3.REFER TO TYPICAL SECTION PAVEMENT DETAIi-
PGL-- '9' FOR PROPOSED SECTION PAVEMENT STRUCTURE.
EAST HOCK COVE STA. 109.50 - 110.13.77
A.REFER TO TE 064C)-11 STANDARD FOR
PROPOSED TYPICAL SECTION ADO III
ONAL INFORIAATION.
WINDY STA. 12.50 - 15•50 S.REFER TO CPCD-IA AND JS-IA STANDARDS FOR
ADDITION CONCRETE PAVEMENT DETAILS
MIG
TNIf DDw Wv N lMB"A1r9M._
I x.STCROS_LT�I 1_ wIPyOt!
l x_STCRK 1 1 l%STCg05_RT dD/Dv*Nyryll m.PE.BS11A 1
VARIES OWIITW 21.91M RN N ,IM
BBB ICr
VARIES 33'-SB' :VARIES
22' US. :,lEF! 5 pF 7
_________I ___
EXISTING TYP
ICAL SECTION EXISTING TYPICAL SECTION ��MI(�(�
SOUTH CREEK STA. S.
- 10.95 ----_—_--_—_- SOUTH CROSSING STA. 9.00 - 9.56 ■ 9 V
i—I X_STCRK I X_STCROS_LT--i [--I X_STCROS NT G A T T I S SCHOOL ROAD
_ VARIES 36'-61' VARIES VARIES SEE DETAIL •B• TYPICAL SECTIONS
I I SEE DETAIL 'B' 25' US. 25' U5.
1 I I �� MINOR STREETS
rARIlS I VIES t�
VARIES
rM1FWAWli -C69 ITYPI - VARIES
PDL CI0 ITYPI
PROPOSED TYPICAL SECTION
IE PROPOSED TYPICAL SECTION > �[XA31[ GTTis
SOUTH CREEK STA. 9•25 - 10•95 SOUTH CROSSING STA. 9-00 - 9•S6
yrVVray-aE.ntl.v.ea+.ty-o�Decw.M.�B7�BiA�CJO[RPi�SAS \G~.I\TSA3-PLN.TYPl&dr nLi 1t
_._........ ... ...... ——.__.
V
J
Q
H
F o s0 100
m SCALE, 1' 100'
N
J
Q
Z
11
O LEGENLd <)
O PROPOSED CONSTRUCTION
CL �[� �q��BD N 6
;.COVE" LRD _L I O PROPOSED MILL AND OVER—
CUP
- - _ - - - _. -Be6 I . ... E%ISI ING ROW
T` ®PROP
OSED LEVEL-UR/OVEPLA•FRIBBON PROPOSED WIDENINGL
Q 0 0 0 0 PROPOSED CONCRETE
_ ._ EXISTING PLANIMETRI,.
E%(sTING ROW W EXISTING UTILITIES
�Z-,
EGIN 9IBBON CURB
CURVE NAME
:URB rR IBBONI—� I U ® DRIVEWAY IAAIBE�
.a%covE�
� � a
�41M CONSTRI/C 1I0N
iA. 1 K VF= NOTES,
. SEE HORIZONTAL ALIGNMENT DATA SHEETS
FOR CURVE OAT AND ADDITIONAL INFO.
LIAVIKENTIATTIEXIST'.'NGCl.
STAR 9T•80.00 I%AKCOv 1
TA. 101.50 REAE E%ISF ING 2. ALL DIMENSIONS ARE TO THE FACE OF CURB
RADE. OR NOMINAL FACE OF RAIL. UNLESS NOTED
H % SNG DRIVEWAY ELEL'ATIONS OTHERWISE.
--- S. REFER TO DRIVEWAY DETAILS FOR ADDITIONAL
TWORMAT ION.
A. OR DE AT THE CROSS WALKS SNAIL BE
W
ADJUSTED AS REQUIRED TO MAINTAIN
2.0%MAXIM GRADE
W0. R(yEYW�IKSIPI w WA.
■`.V I h;NNourr
Tbh CoW meet h mmnw to me WM+pOMs
d nMrvT wRN~Ue aiMaly .
Of DAvq IN KKTAn PE.%41A
orl T 10,2021.BN M to IA Lw for
rmWYAIuM BN1EYMy N rX—n:nR PRIDDSPs.
3-EF'
■ V
a GATTIS SCHOOL ROAD
PLAN & PROFILE
(EAST ROCK COVE)
R
M wK.n r
TEXAS A w*ns
P• P b�1•W—Yg-P•\Docvw•L•\B7./®A\C,Hp•PIr Sfw \RPx \ISR3•ROt•PLN IMTWB.Gr tul t6A
-. ---- - -- --- --------- ----- ----------... --...-.
-- —
J
•Q
H FFRp1 STA. 977X.
0 STA• 107. EPLACE E%IST ING ENO CLG f7V I(I F P TVEMAENi Ai TING GRADE. STA. 3B•81.57{ 1 .SA• LT7ISI , 1 so
TCH EXISTIR I VFNAr EIEVAT IONS RADIUS POINT R 20' 'A I I, I'. SCALE. t' 50
(� W
xsrAnKcovcl I:
E_ND
A. EtN0D9 C .B II BB.ONI L KT (x_Rp ST C E)
L
Z BEGIN PROFILE CONTROL URR
STA. 107.50.00 I% COV i u_
I.'
" 11
1
-
I
L
E%IST�NG NON _ Ix_RKC OVEI-,
LLI LEGEN
... PA. .. . PROPOSED
D CONSTRUCTION
_
C T(50'RKLCT (X CLIP)O_ ABLlR f2 X OV REMOVE 29 LFI CLG I -1 PROPOSED WILL AND OVER(A-
IOT-00 w ,(»•EM) IO�•oo _ _ 1�.. i I •' R
�_.�. ._.�. ._. ._._._ _. �_. 1 ! ®°OPOSED■(DEMING
^'
, _.r.� "ETiSf R�K CSJE' � ... '^ �: _
PROPOSED LEVEL-UPiOVEPLA
W Z REMOVE 33 LF 1 VEl O O O O PROPOSED CONCRETE
H.M _ 250 LF CLG
2 :'EXISTING ROW S A. i 9.00. I CLG (TT 11) I ' I/• I 16i {
EXISTING PLANIMETRICS
U 7.50' AT (X_RKCOVE) (LIP)
EXISTING UTILITIES
ENO CURB (RIBBON I I I:
1 1 E I 1 GATi:SS CURVE NAME
STA. 109•50.00{ IS.50" AT ®a_RKCOVE) I I 1 DRIVEWAY NUMBER
STA. 1O'9N 561 S.
So' AT I
Ix RKCOVE) _ --_ _I•_ _ _' - TF- •
NOTES.
STA. 30•11,951 37,21' L
I; R K OV CR S OP 1. SEE HORIZONTAL ALIGNMENT DATA SHEETS
T (I 1(CATTIS) _STATION SLOPE-LEFT SLOPE-RIGHT FOR CURVE DATA AND AOOITIONAI INFO.
I: 1 107.50 0.53Y, -2.13% 2. ALL DIMENSIONS ARE TO THE FACE OF CUPS
109.50 0.92% -i,26% OR IOIINAL FACE OF RAIL, UNLESS NOTED
1 OTMERWSE.
-- -- 3. REFER-0 ORIVEUV DETAILS FOR ADOITIOMAL
INFORWAI ION.
1. GRADE AT THE CROSS WALKS"ALL SE
ADJUSTED AS REQUIRED TO MAINTAIN A
• ......__.. ...._T CLD_ 2.02 MAXIMUM GRADE
ENO PROFOLE P XI RKCOVE
. VPI STA. T09.96,TB }Cp E�� NO• WKVIv(r e. ytt
EL. •751.91 ! I CROSS SLOPE ANO:ELEVATION -
' r55 EXISTING GROUND .1.500E Z 6%.� �^•--�.E _ � .: 1 y
• PROJECTED FROM
GATTES SCHOOL ROAD
PROF/L 0 - I VPI STA. 110.06.7T ' aMX� p puposes
EL.,•755.09 d Oaw IN KOO,P E 6611A
Or11,1012021 KkndbCW.j,r
•2•500% VPI S A. t 09.50.00 mmnKlOn,ltMMnq a pw-"wn_.
_-
VPI STA. 10B•50.00 El. 51.01EL. IS SHEET A OF tt
BEGIN PROFILE P_X_RKCOVE
Mi4CH i S {IG CROSS
SLOPE AND ELEVATION
■ B V _ r:
!45
R'a TION
n GATTIS SCHOOL ROAD
W. PLAN & PROFILE
(EAST ROCK COVE)
�o 00 00
1LAASn —is
107.00 108.00 109.00 110.00 111.00
p..%%."-PubW l c "-P.ADx .%035@0a CR00.Plw S,t,%Rmw• \GSR3-ADW-PP•INTM.n1" o.nNs. t tU(1
165
__ ______________________________________________________________________________________ _________ ----
-----
.--- .....-...._..__-._...
EXHIBIT licit
Parcel 4
DEED
Gattis School Road Ph. 3 Right of Way
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
That TURTLE CREEK MARKET, LLC, a Delaware limited liability company, hereinafter
referred to as Grantor, whether one or more, for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration to Grantor in hand paid by City of Round
Rock, Texas, the receipt and sufficiency of which is hereby acknowledged, and for which no
lien is retained, either expressed or implied, have this day Sold and by these presents do Grant,
Bargain, Sell and Convey unto CITY OF ROUND ROCK, TEXAS, all that certain tract or
parcel of land lying and being situated in the County of Williamson, State of Texas, along with
any improvements thereon, being more particularly described as follows:
All of that certain 0.115 acre (5,014 square foot) tract of land out of and situated in the
P.A. Holder Survey, Abstract No. 297 in Williamson County, Texas; more fully
described in Exhibit"A", attached hereto and incorporated herein Parcel 4
SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is
retaining title to the following improvements located on the property described in said Exhibit
"A" to wit: NONE
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Visible and apparent easements not appearing of record;
Any discrepancies, conflicts, or shortages in area or boundary lines or any
encroachments or any overlapping of improvements which a current survey would show;
Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral
severances, and encumbrances for taxes and assessments (other than liens and conveyances)
presently of record in the Official Public Records of Williamson County, Texas, that affect the
property, but only to the extent that said items are still valid and in force and effect at this time.
TURTLE(4)--Deed for Gattis School 3 ROW(DC 3.16.21)4853-0460-0063 v.1
Grantor reserves all of the oil, gas and other minerals in and under the land herein conveyed but
waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing,
mining or drilling or pumping the same; provided, however, that operations for exploration or recovery
of any such minerals shall be permissible so long as all surface operations in connection therewith are
located at a point outside the acquired parcel and upon the condition that none of such operations shall
be conducted so near the surface of said land as to interfere with the intended use thereof or in any way
interfere with,jeopardize, or endanger the facilities of the City of Round Rock, Texas or create a hazard
to the public users thereof; it being intended, however, that nothing in this reservation shall affect the
title and the rights of Grantee to take and use without additional compensation any, stone, earth, gravel,
caliche, iron ore, gravel or any other road building material upon, in and under said land for the
construction and maintenance of Gattis School Road.
TO HAVE AND TO HOLD the property herein described and herein conveyed together
with all and singular the rights and appurtenances thereto in any wise belonging unto City of
Round Rock, Texas and its assigns forever; and Grantor does hereby bind itself, its heirs,
executors, administrators, successors and assigns to Warrant and Forever Defend all and
singular the said premises herein conveyed unto City of Round Rock, Texas and its assigns
against every person whomsoever lawfully claiming or to claim the same or any part thereof.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the day of ,
2023.
[signature page follows]
2.
GRANTOR:
TURTLE CREEK MARKET, LLC,
a Delaware limited liability company
By:
Clark Freitag, Sole Member and Managing Member
ACKNOWLEDGMENT
STATE OF CALIFORNIA §
COUNTY OF §
This instrument was acknowledged before me on this the day of ,
2023 by in the capacity and for the purposes and
consideration recited therein.
Notary Public, State of California
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, PLLC
309 East Main
Round Rock, Texas 78664
GRANTEE'S MAILING ADDRESS:
City of Round Rock
Attn: City Clerk
221 Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
3.
EXHIBIT "D"
MEMORANDUM OF REAL ESTATE CONTRACT
Gattis School Road Sec. 3 Right of Way
This Memorandum of Real Estate Contract("Memorandum") is executed effective as of
November 11, 2022, 2022 ("Effective Date"), by TURTLE CREEK MARKET, LLC, a
Delaware limited liability company ("Seller"), and CITY OF ROUND ROCK, TEXAS
("Purchaser). By executing this Memorandum and recording it in the Official Public Records
of Williamson County, Texas, Seller and Purchaser hereby give notice of the existence of the
documents, agreements and transactions referenced herein as they relate to the real property
described below.
1. Seller has agreed to convey to Purchaser the real property described as follows
(the"Property"):
All of that certain 0.115 acre tract of land, more or less, situated in the P.A.
Holder Survey, Abstract No. 297, Williamson County, Texas, being more fully
described by metes and bounds in Exhibit "A," attached hereto and incorporated
herein(Parcel 04).
2. In connection with the conveyance of the Property, Seller and Purchaser entered
into that certain Real Estate Contract dated , 2022 as evidenced by the
Mayor's signature thereon (the "Agreement"), which contained certain provisions that are
contingent to and/or survive the closing of the purchase and sale of the Property, and which are
summarized as follows:
(a) The closing of the Agreement is scheduled to occur on or before June 30,
2023.
(b) City's authorization of a driveway permit from East Rock Cove to the
remaining property of Seller upon the occurrence of certain prerequisite
conditions as set out in the Agreement;.
and
(c) Possession and Use Agreement to City which allows for roadway facility
construction on the Property prior to closing, which is effective sixty (60)
days following the Effective Date of the Agreement.
3. This Memorandum is executed by Seller and Purchaser for the sole purpose of
giving public notice of the existence of the foregoing described Agreement and agreements and
transactions referenced and described in this Memorandum. This Memorandum has the
additional purpose of notifying all parties who take an interest in the Property after the time at
which this Memorandum is recorded that such parties shall be bound by the terms of the
Agreement as successors in interest, assignees, or otherwise acquiring an ownership interest in
the Property. This Memorandum is not intended to create any greater rights or impose any
greater obligations than may currently exist or may hereafter exist under the terms of the
Agreement, and the terms and conditions set forth therein shall govern the rights and obligations
of Seller and Purchaser, regardless of the terms as set forth herein.
4. If, in the future, the rights and interests of the parties hereto with respect to the
Property or the Agreement should change, Seller and Purchaser, their heirs, successors, and
assigns, agree to execute and record in the Official Public Records of Williamson County, Texas,
a mutually acceptable document evidencing the changed conditions or circumstances.
5. Without limiting the foregoing Paragraph 4, when all rights and obligations under
the Agreement have expired or been consummated, or otherwise upon the expiration of thirty
(30) days following the closing of the Ageement, whichever occurs sooner, Purchaser or Seller,
their successors, or assigns may deliver a written release of this Memorandum together with a
written request ("First Request for Release") that the release of this Memorandum be executed,
acknowledged, and recorded with the Williamson County Clerk. If the party receiving the
request, its heirs, successors, or assigns fail to execute such release of this Memorandum within
thirty (30) days after the date that they receive the First Request for Release, then a second
written demand for such release of this Memorandum ("Second Request for Release") may be
made. If the requested release of this Memorandum is not provided within thirty (30) days
following receipt of the Second Request for Release, then the party receiving the request, its
heirs, successors, or assigns will be deemed to have consented to the execution,
acknowledgment, and recording of the release of this Memorandum without the necessity of their
signatures,unless within that time a suit for declaratory judgment is filed in a court of competent
jurisdiction in Williamson County, Texas to establish why this Memorandum should not be
released.
6. This Memorandum may be executed in any number of counterparts, each of
which is an original and all of which constitute one and the same document. It is not necessary
that the signature or acknowledgment of, or on behalf of, any party appear on each counterpart.
All counterparts collectively constitute one instrument. It is not necessary in making proof of
this Memorandum to produce or account for more than a single counterpart containing the
respective signatures and acknowledgments of, or on behalf of, all of the parties hereto.
[signature pages follow]
EXECUTED as of the Effective Date.
SELLER
TURTLE CREEK MARKET,LLC,
a Deleware limited liability company
By:
Name : Clark Freitag_
Its: Sole Member and Managing Member
STATE OF CALIFORNIA §
§
COUNTY OF §
This instrument was acknowledged before me, the undersigned authority, this
day of ,2022,by , in the
capacity and for the purposes and consideration recited herein.
Notary Public * State of California
PURCHASER
CITY OF ROUND ROCK, TEXAS
By:
Name:
Its:
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on this day of October, 2022, by
,the of the City of Round Rock, Texas, in the
capacity and for the purposes and consideration recited herein.
Notary Public * State of Texas
RECORDING REQUESTED AND WHEN RECORDED MAIL TO:
GATTIS SCHOOL ROAD PHASE III-PARCEL 4
VALUATION OF THE FEE ACQUISITION
UAW
!ia: .r ''
:r eK
NOW'
" Turtle Creek Market (4)
47,
- 1
PROPOSED ACQUISITION
(in red
Whole property (yellow) = 5.514 ac
Acquisition (red) = 0.115 ac
® Paul Hornsby and Company 44
0
1 1
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EXHIBIT "_"
PLAT TO ACCOMPANY PARCEL DESCRIPTION 03/10/20
PAGE 3 OF 4
NUMBER DIRECTION DISTANCE BLOCK A
L 1 N08°35'31 "E 75. 38' I ci
L2 S88° 19'23"W 1 3.57' } -�
F'.A. H01_DER SURVEY ----- - ; N
ABSTRACT- N0. 297
I 1 I N
__.-0.J I I WATERLINE EASEMENT U
(0.633 AC.)
I PART i I
I OOC. NO. 'L000015151
I O.P.R.W.C.T. I
I j STA. 43.29.04 0 50 100
j 1 %
1 I 669.34' LT I i " j
I xF i„ = 100'
I 6
I I 6W0 1 i, ➢
I 1 STA. 43.15.61 3 Rm
LOT 1 -A �_-- soz '
BLOCK A I ' S95.t7' LT �; iQ°'�
(5. 514 AC. )
1 I TURTLE CREEK -- z
j MARKET, LLC
I DOC. NO. 2013051381 " W
.,, , I
1 O.P.R.W.C. T. I w, >
L_- r'n, S Y
4 1'-;1 . In 1
1 uj
P
1 i 0. 1 15 AC.
j I 5,014 SO. FT. cr-, o
REPLAT OF LOT 1, 1 f 1
TURTLE CREEK COMMERCIAL 11 I !'/ v I
SUBDIVISION I j I
DOC. NO. 2014075563
I N: 1 1
I T C 1
_ I WATERLINE EASCUEtt! I— I�, C4 •/�
(- (0.22T AC.) '
I I PART 2 I—NI I� t^' I • /
I I DOC. NO. 2008015151
I I O.P.R.W.C.1.
Z I /�
1 I '
---- ----- —1 F----
----L J L I I �
(N88
+ ° 1 9'07"E 225. 1 3 t0
' ) j �' ,�,
I I 1 1
N88° 19'23�','E 21 1 .61_
_ II
P �-2 � 1
BLLOT
OCK3A STA. 43 o B.
0.93
P.O•C. I I I �I 275.80' LT I
STA. 41.03.81 I I I GRID COORDINATES: I I
275.34' LT I I I II N•10154605.52 I \t1F I—
��,' E•3139455.71
TURTLE CREEK •��
I I I II COMMERCIAL i
�i i i II SUBDIVISION
1 11 CAB. DD, SLIDE 270-271 I
P.R.W.C.T. I
1 d l l l l DOC. NO. 2007066259
O.P.R.W.C.T. "•b
6XI.STING•R.-O.-W:
_ -- 'n — -------- .)I o GATTIS R o w.w1oHOO TH e5)ROAD
- -
u PROPOSED GATTIS SCHOOL ROAD BASELINE
45.00 46.00
40.00 4 42.00 43.00 44.00 sn
PARCEL PLAT SHOWING PROPERTY OF
LA N DU
TURTLE CREEK MARKET, LLC
IONAL LAND SURVEYORS PARCEL 4
LVG�EODETICS
SHOLM TRAIL RD.STE.103
ND ROCK,Tx.78681 SCALE PROJECT COUNTY
38 1200,FAX(512)238-1251
FIRM REGISTRATION NO.100591 00 1" = 100 GATT I S SCHOOL ROAD W I LL I AMSON
S:\■RTG\GATTIS SCHOOL - WINDY PARK TO RR RANCH RD\PARCELS\PARCEL 4-TURTLE CREEK MARKET\PARCEL 4-TURTLE CREEK MARKET-REV.dgn