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Contract - Turtle Creek Market LLC - 12/1/2022
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 0.1 15 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. TU MI.E(4)--contract for Gattis School 3 ro.w (MWS 11.11 22)48614981-8174 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 Property herein is being conveyed to Purchaser under threat of condemnation. /j>r 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 shall 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 v (4) Deliver to Purchaser possession of the Property unless otherwise provided by the terms set out herein. Purchaser's Obligations at Closing 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. Closinp,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) All other closing costs shall be paid by Purchaser. (4) Attorney's fees paid by each respectively. ARTICLE VI BREACH BV SELLER In the event Seller shall fail 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 VI11 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 8.11 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. 44 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 liability company By: Address:1250 Aviation Ave.. Ste 200-F Name: Clark reitae San Jose, Cal ifornio 95110 Its: Sole Member and Managing Member PURCHASER: CITY OF ROUND ROCK, TEXAS By Address: 221 E. Main Street Craig Moq an, or Round Rock, Texas 78664 Date: a /2z' 02-06-2019 Page 1 of 4 Ot "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 FOLLOWS: COMMENCING at a Mag Nall with washer stamped "Survtex-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, same being the northwesterly corner of Lot 3, Turtle Creek Commercial Subdivision, a subdivision of record in Cabinet DD, 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; N 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 i 4933" set, 595.17 feet left of proposed Gattis School Road Baseline Station 434-15.61, for an jI angle point herein; 2) N 08°35'31" E, for a distance of 75.38 feet to an iron rod with alUnninum 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 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 1 B said Replat of Lot 1, bears with said existing westerly G 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: j Ij 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 02028'53" E, for a distance of 23.85 feet to a 1/2 inch iron rod found, for a point of tangency; i 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 PRESENTS: COUNTY OF WILLIAMSON § That I, M. Stephen Truesdale, 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 HA AND SEAL at Round Rock, Williamson County, Texas. ' 7 p j(/�/4 4,t r/,"vt, M. Stephen Trues ale Date Registered Professional Land Surveyor No. 4933 Licensed State Land Surveyor OF Inland Geodetics, LLC Firm Registration No: '100591-00 1504 Chisholm Trall Road, Suite 103 •••'•""'...... M.STCPHEN TRUESDALE Round Rock, TX 78681 f� 33d..• ti •••••••••4fl v�r�• � •o yti FL<SS�Os Q UVA i I� S1_RIGIGATTIS SCIi00L . VANDY PARK TO RR RANCII RDIPARCELSIPARCEL 4-TURTLE CREEK MARKETIPARCE.L 4-TURTLE CREEK MARKEI'.dOC ,i EXHIBIT " ` PLAT TO ACCOMPANY PARCEL DESCRIPTION 03/10/20 LOT 1-B 1 G PAGE 3 OF 4 NUMBER DIRECTION DISTANCE BLOCK A L 1 NOB•35'31"E 75. 38' —r} i •fir L2 S88"19'23"W 13.57' P.A. HOLDER SURVEY ------ �, '' rr ABSTRACT N0. 297 ; M I 1 I I N �. RATERL I*.. EASFANT I V , I (0.633 ABC.I i ' 1 I DOC. NO. 20oeo15151 1 S I 0.P.R.W.C.T. 1 , ' � I I STA. 43.29.04 � . •.. 0 50 100 1 1 669.34' LT I r „u ' I I I .•� 100' LOT 1-A 1 L_ STA. 43.15.61 aEi1Q a i d BLOCK A I — '1 595.t7' LT `2G! (5.514 AC. —' 1 TURTLE CREEK MARKET, LLC I �� I DOC. NO. 2013051381 I 0.P.R.W.C.T. ffi > 1 ' _ Ca I j I W; 0. 1 15 AC. i I I 5,014 S0. FT. I REPLAT OF LOT 1 1 I . I w b ' TURTLE CREEK COMMERhAL I1 SUBDIVISION DOC. NO. 2014075563 i i Q 3 I O.P.R.W.C.T. I IY 00 WATERLINE EASEILNT P; I 1 DOC. No. 2008015.51 — Iti (� I 1 0.P.R.W.C.T. I I L.J , VL (NB8' 19'07"E 225. 13' i I 4 I N88' 19'^23""E 211.61_ �} 1 _ I L07 3 P. 0.B. 12 ' STA. 43.20.93 1 �� P 0.C• IAll I I BLOCK A 275.80' LT 1 P. GRID COORDINATES! STA. 41•03.9t I 1 I I ; 275.34' LT 11 1 N•I0154G05.52 E•3139455.71 _ " ' I TURTLE CREEKCORCIAL 0 •°;� I SUUBD VISION I ) CAB. DD, SLIDE 270-271 P.R.W.C.T. ;; I DOC. NO. 2007066259 i O.P.R.W.C.T. ------------- co in ' GATTIS SCHOOL ROAD n -�--• v IR.O.W. WIDTH VARIES) PROPO$EO GATTIS SCHOOL ROAD BASELINE I 1� _ 40.00 4 00 42.00� 43I00 44.0f 5I00 46'00 A I� PARCEL PLAT SHOWING PROPERTY OF INLANDu TURTLE CREEK MARKET, LLC j GEODETICS PARCEL 4 PROFFISSIONAL LAND SURVEYORS 504 CHISHOLM TRAIL RD.STE.103 0.0UND ROCK,TX,78681 SCALE PROJECT COUNTY 'I PIT.(512)238-1200,FAX(512)238-1251 _ FIRM REGISTRATION N0.100591-00 1" 1 00' F SCHOOL ROAD W I L L I AMSON SF\M TC\GA IS SCHOOL - WIN7 PARK TO RR RANCH RD\ ARCELS\PAR EL 4-TURTLE CREEK MARKET\PARCEL -TURTLE CREEK MARKET-REV. gn i 1, i EXHIBIT A,, LEGEND PLAT TO AC CYDMPANY PARCEL DESCRIPTION 03/10/20 — _ 0 1/2" IRON ROD FOUND, UNLESS NOTED q CENTER LINE__ PAGE 4 OF 4 ® IRON SET W/ PLASTIC CAP R PROPERTY LINE STAMPED "INLAND-4933" I�) RECORD INFORMATION O IRON ROD FOUND W/PLASTIC LINE BREAK N DENOTES COMMON OWNERSHIP CAP, AS NOTED P.O.B. POINT OF BEGINNING © 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 AL 60/D NAIL FOUND D.R.W.C.T. DEED RECORDS WILLIAMSON COUNTY, TEXAS ® MAG NAIL SET 0.R.W.C. T. OFFICIAL RECORDS A CALCULATED POINT O.P.R.W.C. T, WILLIAMSON COUNTY, TEXAS j 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 on grid bearing. All distances are surfooe distances. Coordinates are surface values based on the Texas tote Plane Coordinate System, NAD 83, Central Zone. THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH THAT COVM[TMENT FOR TITLE INSURANCE GF NO. 1920229-KFO, ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE MAY 17, 2019, ISSUE DATE MAY 29, 2019. 1. RESTRICTIVE COVENANTS: CABINET DD, SLIDE 270, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND DOCUMENT NO. 2014075563 (PLAT), 2007096348 AND 2018019696, OF THE OFFICIAL PUBLIC RECORDS OF WILL[AMSON COUNTY, TEXAS, SUBJECT TO, IOC. ANY AND ALL EASEMENTS, BUILDING LINES AND CONDITIONS COVENANTS AND RESTRICTIONS AS SET FORTH IN PLAT RECORDED IN CABINET DD, SLIDE 270, OF THE PLAT RECORbs OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO, DOC. NO. 2014075563, OF THE OFFICIAL PUBLIC RECORDS OF W1L1_IMASON 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. i J. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY BY INSTRUMENTS RECORDED IN VOLUME 661, PAGE 845 AND VOLUME 710, PAGE 131, OF THE: DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, DO NOT AFFECT. K. EASEMENT GRANTED TO CITY OF ROUND ROCK BY INSTRUMENT RECORDED IN DOCUMENT NO. 2008015151, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AFFECTS AS SHOWN. L. EASEMENT GRANTED TO ATMOS ENERGY CORPORATION BY INSTRUMENT RECORDED IN DOCUMENT NO. 2011013506, OF THE 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. 2007096348, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO, N. TERMS, CONDITIONS AND STIPULATIONS OF THAT CERTAIN COMPENSATORY PARKING AGREEMENT 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 C I 00°07' 1 2" 1 1 387.89' 23.85' 23. 85' S02.28'53"E C2 00.48' 12" 11387,89' 159.66' 159.66' NO2'56'35"W (C3) (01' 10'33") (1 1387.89') (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 PROPERTY O SHOWN HEREIN AS DETERMINED BY A SURVEY MADE ON THE p�•.••�g{E• F GROUND HOER DI ECT �SPERVISIONj /� r� Zak 7, N oti 9 ............... M 5...... N'IRUCSDALE M.- . STEP EN T U SDALE DATE ""• REGISTERED PROFESSIONAL LAND SURVEYOR N0. 4933 f ���� , ro'�Q' Al EE LICENSED STATE LAND SURVEYOR Y •,OF�y$1o�r'� ACQUISITION 0. 115 5,014 INLAND GEODETICS, LLC �L ,,.• FIRM REGISTRATION N0, 100591-00 ��'S U A CALC/DEED AREA 5.514 1 240, 190 1504 CHISHOLM TRAIL ROAD, SUITE 103 REMAINDER AREA ROUND T I 5, 399 235 176 r� PARCFI_ PLAT SHOWING PROPERTY OF N L AND u GEODETICS 'l TURTLE CREEK MARKET, LLC PROFESSIONAL LAND SURVEYORS PARCEL 4 1504 CHISHOLM TRAIL RD.STE.103 _ .___ ROUND ROCK,TX.78681 SCALE PROJECT COUNTY a PH.(512)238-1200,FAX(512)238-1251 71 FIRM REGISTRATION NO,100591-00 1° = 100 GAT TIS SCHOOL ROAD WILLIAMSON ` S=\"RTG\GATTIS SCHOOL - WINDY PARK TO RR RANCH D\PARCELS\PARCEL 4-TURTI.E CREEK MARKET\PARCEL. 4-TURTLE CREEK MARKET-REV.c+Un // 1 J Q ts. H CITY OF ROUND ROCK,TEXAS INDEX OF SHEETS MILLIAMS011 RWW ROCKTEXA 3 SHEET TRANSPORTATION SERVICES DEPARTMENT �,rrNs soon Am NO. DESCRIPTION N TITLE SHFFT _I INDEX OE ��\ PLANS OF PROPOSED z wv STATE HIGHWAY IMPROVEMENT FINAL PLANS L' V� GATTIS SCHOOL ROAD DATE DATE WORK WAS TCOMPLETED RACTOR GAND AN WACCEPTED: � ` G SEGMENT 3 FINAL CONTRACT COST: S WILLIAMSON COUNTY ` (^ LIMITS+ 0.23 MILES W. OF A.M. GRIMES BLVD GATTIS SCHOOL ROAD TO 0.22 MILES E. OF DIXIBLE CREEK OR FUNCTIONAL CLASSIFICATION. MAJOR ARTERIAL FOR THE RECONSTRUCTION OF AN ARTERIAL STREET DESIGN SPEED. As wH CONSISTING OF: GRADING, DRAINAGE FLEXBASE, ASPHALT PAVEMENT, ILLUMINATION, UTILITIES, SIGNING AND PAVEMENT MARKINGS GATTIS SCHOOL ROAD BEGIN INCIDENTAL WORK BEGIN INCIDENTAL WORK END SEGMENT 3 NET LENGTH OF ROADWAY-6348.72 FT. 1.202 YI E. ROCK COVE A.M. GRIMES GATTIS SCHOOL ROAD NET LENGTH OF BRIDGE • 110.84 FT. 0.021 MI STA. 97•80.00 STA. 57A•00.00 - STA. 91.09.56 Q f TOTAL LENGTH OF PROJECT- 6459.56 FT.- 1.223 MI BEGIN INCIDENTAL WORK , WINDY PARK ` STA. I1.12.50 D I, ROBERT CARRILLO, P.E., DO CERTIFY THAT THE PUBLIC WORKS AND DRAINAGE IMPROVEMENTS DESCRIBED HEREIN HAVE BEEN DESIGNED IN COMPLIANCE WITH THE SUBDIVISION AND BUILDING .t REGULATION ORDINANCES AND STORWATER DRAINAGE POLICY ADOPTED BEGIN SEGMENT 3 1 BY THE CITY OF ROUND ROCK, TEXAS. GATTIS SCHOOL ROAD1�, STA. 26.50.00 RODRIGUEZ TRANSPORTION GROUP, INC. X END INCIOEIRAL WDRK GATE y■(+ RMS utt ./ �•' A.IV. GRIMES I PROJECT MANAGER T RANSPORTpT10A ) oaouo �� STA. 589.00.00 45 This doc,.mem is rekaeed lTX lrM p�pose ACCEPTED FOR CONSTRUCTION d h•enm:eview urWr lM alRrogy s of Robol CaRGO,P.E.W169 ; m 1tyIIO21.MYRgIto"used M> END INCEDENTAL WORK I! END INCIDENTAL WORK / 'MIOaIOsPa'^+Ih�pATloaaA WINDY PARK \, E. ROCK COVE CITY OF ROUND ROCK, TEXASA-t STA. 15.59.39 STA. I10.13.77 TRANSPORTATION DEPARTMENT LOCATION MAP NOT TO SCALE ALL RESPONSIBILITIES FOR THE ADEOUECY OF THESE PLANS MA REINS WITH THE ENGINEER WHO PREPARED THEM. IN ACCEPTING THESE PLANS, THE CITY OF ROUND ROCK MUST RELY UPON THE ADEOtIECY OF THE WORK OF THE DESIGN ENGINEER. REWIRED SIGNS SHALL BE IN ACCORDANCE WITH REGISTERED ACCESIBILITY SPECIALIST NRASI INSPECTION REQUIRED BC 0 -21 TNRU BC 1121-21 "TEXAS MANUAL TDLR NO. TABS ON UNIFORM TRAFFIC CONTROL DEVICES ROUND ROCK'I p. � 1 p•.Mnti•yts.tq-R.\Dm,•�ts\83'.lf�\Cp(D.P�m S.•at NG( .el\GSR3•RN•TITL.6r ---- ---- .... -- - - ---- - J Q 6 COTTON I—Il X_RKCOVE RIES ■p I m _. IN (nVARIES IVAR IFS W ,` tLG• _ J EXISTING WINDY - -- __Z_---I-- ___r-- 1 DOE Of PAVEMENT Q PARR PAVE PGL (TYP1 WENT SEE DETAIL 'B' -----__ CIBB011 Z POSED TYPICAL SECTION EXISTING TYPICAL SECTION UWR99 COPROTTONWODO STA. 11.30 - 11•115 EAST ROCK COVE STA. 97.60 - 110.15 TY C ISURf l HNAC X_WINDY I 1—l X-RKCOVE • A' Tv[IMACP ' IN 1 10 (1•FDUAL 81FT51 37 W _ W I RIBBON CURB DETAIL I 4 x! VAR:ESI VA IES 1 REFER TO GENERAL NOTES ON CONC0.Elf CURB -- A R.fir.R AL R A,.A.A.d J- RIB80N 1 AMC CURB AMC CUTTER TER 1CCCG-til SIANDARO FOR CURB ITYP1 CONCRETE CLASS AND REINf dKE11EN7. ALL ff NERAL ,E PG.— NOTES APPLICABLE TO RIBBON CURB. FLEX BASE ______-----3 SFE OETAII AM HMACP !HIS SHEET J EXISTING TYPICAL SECTION PROPOSED TYPICAL SECTION WINDY STA. 12.50 - I5•50 EAST ROCK COVE STA. 97.60 - 109.50 6 WINDY —1 z_1IINDT ,9 1—6 X_RKCOVE �I 1 r I VARIES 91' -O' Ii 13.5' 1 15.5' I¢ NOTES. I I [lSr I� 1.STAT ION LIMITS SHORT ARE APPROXIMATE J7' v LI ;,• AND FOR S. MALTRANSITIONS ROADWAYSITIONS CONAND CURB S.LIMITS, FOR TS 1 ui VARIES I_VARIES' IW AIDE MI NOS TRANSITIONS AND CURB LIMITS, I 6 j I t 1 CYG fTYP1 REFER TO�AR VARIOUS PLAN L PROFILE SHEETS. 2.SAWCUT LINE TO BE SET AT 2' INSIDE EX ISi 7NG LIP Oi GU/iER OR 2' INSIDE VARIES PGL '- SEE DETAIL 'B' PROPOSED LIP Of GUTTER. CAC ITYR,- \ S.REFER TO TTPICAL SECTION PAVEMENT DETAILS PGL-- - `SEE DETAIL 'B' PROPOSE" TYPICAL SECTION FOR PROPp5C0 SECTION PAVEMENT STRUCTURE. EAST ROCK COVE STA. 109.50 - 110.13.77 ..REFER TO TE (HMACI-11 STANOARD FDA PROPOSED TYPICAL SECTION ADO III ONAL INFORMATION, WINDY STA. 12.50 - 15.50 5.REFER TO CPCD-14 AND JS-14 STAHOARDS FOR ADDITION CONCRETE PAVEMENT DETAILS HodB[v 121d BY WTL RM �I� 1 I TM C.—,s l X_ST[R0511 6 X_STCROS_RT !, e lNN6 X_STCRK cl e'�ans�eeor bPeT lr•Ye:ioF.:XrYpYo ses Dar W K—PE 66414 _ VARIES 3J•-SB' VARIES VARIES rnn` 11'91G7` RNr�ol to Ce us![Ie Jn` 22' US. 22' US. .nlrum fflAAin.•.r.ernrtnR p„D.iv.. I 1 VARIES I VARIES _____________ ____�____ VARIES __ VAgIEi-[-- ' ____ _ _ �� EXISTI"a TYPICAL SECTION EXISTING TYPICAL SECTION �K�(� ROUPIGVF! SOUTH CREEK STA. 9.25 - 10.95 — SOUTH CROSSING STA. 9.00 - 9.36 ■ W V TRANSPORTATION,;ROUP _ i—6 X_STCRK 6 X_STCRDS_LI�J 1—6 X-STCROS_RT G AT T I S SCHOOL ROAD VARIES 36'-61' VAR'IE5 vAR'IEs SEE DETAIL 'B' TYPICAL SECTIONS SFE DETAIL 'B' �� MINOR STREETS I VARIES I VARIES • � _ _ ~Cho (TY-F - VAR aD (TYn PGL K s Q PROPOSE"TYPICAL SECTION PROPOSED TYPICAL SEC71ON [XA5•• uTTls SOUTH CREEK STA. 9•25 - 10.95 SOUTH CROSSING STA. 9.00 - 9.56 - Du 11 p'\\.tq-p.bntie..cw+.t9 P•\O—t•\13358614\CAOO.PIA.S. is\G.+.•I\GSR7•PLN•TYPl5.dq ._-------------_- -- - ------------------------------------------------ -----------------------------------'___--------'-- V ------ ------ ---------------------- -------- -------.. J Q .~. o so Too m1 ................. SCALE. 1•. lao � II I ' � I ' o El.l II�'LEGEND I `J PROPOSED COHSTRUCTIO. �%RKCOVE,• I O PROPOSED MILL AND OVERLAY CURB (RI BBDETI PROPOSED WIDENING BWB Li EXISTING ROM O • _ _. _ _.. j.._ .�., PROPOSED LEVEL-UP/OVERLA" _.._.._.._.._.._.._.._.._ ._.. .._.._.. . ., _.--,.._...-..-..- ._.._ _. _.._. - ._ _ _ ._ _ - PROPOSED CONCRETE �-�.WK.WE---_---...�.�. .� r r _ _ _ _ _ _ _ EXISTING CONCRETE ICS PLAVIWTR EXISTING R0IN EXISTING UTILITIES LJ Z I I J G.iti53 CURVE MAIZE R CURB (RIBBON, I U ® DRIVEWAY NJMB(R I%RK[OVEI - BBJ LF I N I � N C TR OH A. IX ftcovv, -. I NOTES, ..- I I. SEE HORIZONTAL ALIGNMENT DATA SHEETS OR CURVE DATA AND A00171 uL INFO. FROM STA. OT-B0.00 l%RKLOV I -O Si A- 107.50 REPLACE E%ISFING 2. ALL DIMENSIONS ARE TO THE FACE OF CURB PAVEMENT AT EXISTING GRADE- OR NOMINAL FACE OF RAIL. UNLESS NOTED W TCH EX IS7ING DRIVEWAY ELEVATIONS OTHERWISE. 3. REFER TO DRIVEWAY DETAILS FOR ADDITION.' I NFORW T ION. A- GRADE AT THE CROSS NALXS SNAIL BE I ADJUSTED AS REQUIRED TO WINTAIN! W%IMW GRADE • i I � 1 r i 1 i 1 j FM GPOtN t I i I T*loolwrnlMdMtlbrbpW�oo��wl dMBYW nMw,w4r11R�Ilal� 1 --I —t----- I — --f---- —r-- - -- — --�— I wrW�tldrlm iw'IYBdL be : ' � I ! � � i I � � I � I _.. deep o■^rinY IAWRDm6.: i SHEET J OF 11 I I +arAerlm[N.c: ROfN?IGl1EZ TRANSPOR TATI(lrl _ GRU R _ a I i i j GATTIS SCHOOL ROAD PLAN & PROFILE i -- --- (EAST ROCK COVE) GNG— ,(%.S rt GATTI$ a _ p.r\\rtq-p..1NntlWy,ry rtq-p�DocT..�.tsVB7.f�I11CI�.pI�.yats�Roed.aulGW3•ROY•R RN•INLyR,dq • Ill! T 16A ------------------------------------- - -. -_-....-..-.- -... .. __.-_--.-.-.__--_---------------_.---____-----_--------_-_--------------_--_-----_.-_-_-_----__-____-.--_--__.__-_._---__--___---______- J Q H IRON 571. 97.80.00 IX RKCOVEI )-- TO STA. 107.50 REPLACE EXISTING END CNG ITY III fOR PAYMENT I I' STA- 3e•81.571 38.51' LT (c1 SI Itii I `t.' V..y_.��PAVEMENT AT EXISTING GRADE. i �i� WTCH EX i STUNG DRIVEWAY ELEVATIONS RIDIUS POINT R 20' SCALE. 1• 50' m - li �I (X_RKCOVE) p END SIDEWALK STA. 109-78.85; 14.39' LT (X_RKCOVE) Q O BEGIN PROFILE CONTROL. END CURB IRI8BON1 L Z ♦ 57A. 107•50.00 IX RXCOVEI N ..i::::.t....,,.t.....ttt:::uu.. 1:::i:L•: A I • 1 - :: : _.�lsrtrw RON :� OVE ». w _ P I I 1 LEGEND .... ........... .. PI�[BB LT >IA• tv (%RKCOVE) (LIP) PROPOSED CONSTRUCTIDN F 7 SO' .... 1 ':� r t d IA L (X_RKCOVE -_,- REMOVE 291 LFi CLG I:: I PROPOSED MILL AND OVERLAY 10�•0� �._. 1oe•oo 1L79•oo �, �1QG �_ _ I ®PRovosc0 WIDENING ---..._._. _. _._. i 1 I Ip 1 PROPOSED LEVEL.Op/OYEPLAY Z -..-.. R ) EAIDVE 73 .F CLG • _ VE) O O O O PROPOSED CONCRETE I.1 ._. _.._2_ LF I I:: R J r EXISTING NOW: S 1. o. 1 rcr 1 I10 II... EXISTING PLANIMETRICS 7.50' FIT IX_RKCOVE) (LIPI G�6' • I• I I� • EXISTING UTILITIES END CURB (RIBBON) BEGIN CLG ITT 11) g j GA MSS CURVE NAME STA. 109.50.00; 15.50' RT (X_RKCOVE) i I .1 ® DRIVEWAY NUMBER STA. 109.90.561 3S-50' FIT 17 -'�- (X_RKCOVE) 'g'- - •( NOTES, l,... Chl ROIC STA. 38.11.15, 37.21' LT A 11 1 - '; K COVE CROSS OP S 1. SEE Na IZONTAL ALIGNMENT DATA SHEETS ICATTISI I; I STATION SLOPE-LEFT SLOPE-RIGHT FOR CURVE DATA AND ADDITIONAL INFO. 107.50 O.53% -2.13% 2. ALL DIMENSIONS ARE TO THE FACE OF CURB 109.50 0.92X -1,26% OR NOMINAL FACE OF RAIL, lNt-SS NOTED 110•I 77 3.83% -3.86% OT NERWISE. 3. REFER•0 DRIVEWAY DETAILS FOR ADDITIONAL lNFORMAT ON. •. GRADE AT THE CROSS WALKS SMALL NE 760 j ! ADJUSTED AS REQUIRED TO MAINTAIN/ , j I 2.O%WXIML GRADE P"LE P X!RKCOVE 96.76 tcA --Ili-----�-- Ra Rnlala n an I I EL. +754.>N S AND ELEVAT ON I I _ EXISTING GRIXNO •1 �0.- 2136*4 "�• •� i I i FM ADIWIG J" M EE I LL�•r GATTJT SC KOAD i ...I _ 'T'g10Y PROF�LED EL1.5TA. 11 •06.T I j TMdIMeNMwNMRNN~�pq•1FI_pN.�o,•wa . —_ -♦♦—._ d Odd W.Kdork P.E.NI(1" comes rJi nD q�NdbeelwEleT , j I •2• VPI s'A. 109+50.00 I I 1 t _ PMNr19 PEP + 75 I EL1 STA. MOB•50.00 EL. SA.Of I I SHEET A O' , j52.t0 750 't BEGIiF PROF IL P_XR_ COVE I •arvR SLOPE AND}EL VATI00115�- - R(X1R1GUE2 1 I i I RM TRANSPORTATION GANDLIP GATTIS SCHOOL ROAD a I I I PLAN & PROFILE a -- 8" i !EAST ROCK COVE) - 0. �$ go—oo an e w p nl.IMM Ala MWANET� N a I I aN} TA,4a GTTIf 107.00 108.00 109.00 110.00 111.00 Pr\\.te-P.bwnl ca.ry-P.\Oonnw.tR\WSNpnCADTPI�griW\RP.yWA\GSR3•Rpl•W INTNE dT Illt 16S __ ----- ._-__________________________________ -- _.__--..----------.----------------------------------------------------------------------------..•_•••••.•._.____._____________-__-________--___.-____--_____.----------------------------------- ------------------ EXHIBIT "C" 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.I 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: