CM-2023-210 - 9/15/2023ELECTRONICALLY RECORDED 2023079278
Williamson County, Texas Total Pages: 14
NOTICEOF rNATURAL
PERSON, YOU MAY REMOVE ORSTRIKE OF THE FOLLOWING
INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
O.YOURDRIVER'S LICENSE NUMBER.
THE STATE OF
COUNTY
THAT, the CITY OF ROCK, municipality
r r -, • on behalf of r its successorsand
toes herebyRELEASE and forever discharge all provisions an• effect of
certain Memorandum of Real Estate Contract between • the
City of Round Rock, r • e• as Document No.2022140855 1 • f the Official
Public Records of •County,rrandum"), as shown in Exhibit
attached hereto and incorporated herein by • purposes.
WHEREOF,IN WITNESS ROUND ROCK,
instrument to be executedo..y of r of f,
2023079278 Page 2 of 14
13 v
ity Manager
�e.
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
capacityThis instrument was acknowledged before me on
b y anager of the CITY OF ROUND ROCK, TEXAS, in the
• for the rposes . • consideration thereinexpressed.
i�
1•1WY01'AIR xKi1111111►111
�rin Street
' ► •ck, Texas 78664
IN
u
• ' ► r.te of
2023079278 Page 3 of 14
Ey`V,_H_ IBIT If " ELECTRONICALLY RECORDED 2022140855
Williamson County, Texas Total Pages: 8
Gatti� School Road See. 3 Right of Way
['his Memorandum of'Real Estate Conti -act ("Memorandum") is executed effective as of
Noxember If. 2022. 2022 ("Effective Date"). by TuRrLE 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 Count®. 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"):
A I I of that certain 0. 115 acre tract of land. more or less, situated in the P.A.
Holder Survey, Abstract No. 297, Williamson Count® 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 Agreenient", 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-
mme
(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 flol low ing 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
2023079278 Page 4 of 14 2022140855 Page 2 of 8
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 kinder 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, Nx hen all rights and obligations under
the Agreement have expired or been consurninated. or otherwise upon the expiration of thirty
(30) days Rfllowing the closing of the Ageernent. 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 Mernorandurn 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.
G. 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 (10CUrnent. It is not necessary
that the signature or acknowledgment of, or on behalf of, any party appear on each counterpart.
All counterparts collectivel) 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.
2023079278 Page 5 of 14 2022140855 Page 3 of 8
I (T FED as of the Effectke Date.
Tt R'l LE CREFK MARKE 1'. LLC,
a Dclevrare limited lwbilitN company
B,,;
Name: Clark Freitap-
hs:-Sole Member and Managing Member
S'I A rL OF CAI I FORN I
fi
cot N I Y of.
I'his instrument was-,"i iowlcdged beflore me,
day of 2022. by
capacity and ror the purposes and consid'��pn recited herein.
the undersigned authoritv. this
. irt tVe
Notary Public *-Staw of California
Me PWOW01- W tr* "MY WPM b~ Ot VACh #0 OM"g) 000d. ff� Ina,umpW
'MIft WA" KNALTY 0FPFRAMT..0NVwh�qFft_
ti.COMMMkm 0 2310626
NWq Pubk - Caftnis
Santa Clam County
A,_My COMM. EXP: OCt 30, ,W
L ial
2023079278 Page 6 of 14 2022140855 Page 4 of 8
Exhibit "A-V
County: Williamson
Parcel: 4
Project: Gattis School Road
•- a
DESCRIPTION OF A 0.115 ACRE (6,014 SQUARE FOOT) TRACT OF LAND SITUATED IN THE P.A,
HOLDER SURVEY, ABSTRACT NO. IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF
• • OF •COMMERCIAL
PUBLICSUBDIVISION, 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
• • OF •' COUNTY,• 1115 ACRE (5,014 SQUARE FOOT)
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS As
• •
StationCOMMENCING at a Mag Nall with washer stamped "Survtex-LLC" found 275,34 feet left of proposed
Gattis School Road Baseline
Lot 1A, same being the northwesterly corner of Lot 3, Turtle Creek Commercial Subdivision, a subdIvIslon
of record in Cabinet DID, Slide 270-271 (Doe. No. 2007066259) of the Plat Records of Williamson County,
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 aluminLIM Cap stamped "ROW 4933" set, (Grid Coordinates determined as
Base(ine Station 43+20.93, In the proposed westerly r[ght-of-way (ROW) line of A.W. Grimes Boulevard,
(ROW width varies), for the southwesteriy corner and POINT OF BEGINNING of the herein described
THENCE, departing said Lot 3, with said proposed westerly ROW line, thrOUgh the interior of said Lot 1A,
the following •courses:
angle1) N 02-3714211 W, for a di stance of 319.41 feet t6 an Iron rod with aluminum cap stamped "ROW
4933' set', 595.17 feet lieft of proposed Gattis School Road Baseline Station 43+15.61, for an
point
'•' •• '• /://a -a ••-•.•::. • ' .'ICI- •
• • • a � •- s a a 11'� ,• •' � '
2023079278 Page 7 of 14 2022140855 Page 5 of 8
3) Along a curve to the right, having a delta angle of 00*0711211, a radius of 11387.89 feet, an arc
length of 23.85 feet and a chord which bears S 0202816311 E, for a distance of 23.85 feet to a 112
inch iron rod found, for a point of tangency;
All bearings recited herein are based on G Texas State Plane Coordinate• C
4203, r 83.
,Y�i. *.'_ 1y
"E
■' Stepheini
Registered Professional • Surveyor No. 4933
Licensed State Land Surveyor
Inland Geodetics,
Firm Registration No, 100591-00
1504 Chisholm Road,
Round Rock,:•S
5:% RTGkGATTIS SCHOOL - WINDY PARK TO RR RANCH RMARCEMPARCEL 4-TURTLE CREEK MARKETftRCEL 4-TURTLE CREEK
MARKET.doe
RECORDERS MEMORANDUM
�1� clt pottsofth, tA on fl,is poq-,— not
--th, "Tbl' fc,r ;jtlzfjCt0rY r .. DrdatIc'n
2023079278 Page 8 of 14
LOT I-B
NUMBER DIRECTION DISTANCE BLOCK A
Ll N08*35'31"E 75.38' —F
L2 S88'19'23"W 13.
tD.A, HOLLy'l.? suRVEY
ABSTRACT N 297
r-w---vATEftlNF. EASEMENr
0, 633 F ACI. I
PAA
140 2004015151
D. ]"'0' ir. C. T.
STA. 43-29.04
660.34' LT
43-15.
LOT I -A --STA. 1 595,17' LT 61
BLOCK A 1
(5. 514 AC.
TURTLE CREEK
MARKET, LLC
DOC, NO, 2013051381
0, P. R. W. C. T,
F— 4
0.115 AC.
5,014 SO. FT.
1
REPLAT OF LOT 1,
TURTLE CREEK COWERCIAL�
SUBDIVISION
DOC. NO. 2014075.563
O.P.R.W.C.T.
J WATERLINE FAsww
10,227 AC.)
00c 060 15 15 1
01 P. 11. W. C. T.
— — — - — — — — — — — — —
LJ
(N88' 19'07'
N88- 19' 23 E 211. 61 '
LOT 3 P ' 0 ' B
II I II BLOCK A STA. 43;-20;.9;
P. C, 275.80' LT
GRID COORDINATES1
STA. 4103.81II M.10154605.52
275.34' L7
p I E-3139455M
adI TURTLE CREEK
. 1 1 ii I
I
I
m
%,VMMCW, I AL
SUBDIVISION
CAB. DD, SlIDE 270-271
P. R. W. C. T. o 1,0
DOC. NO. 2007056259
/L
11 O.P.R.W.C.T.
L
40-00 41 �00
c;
R
Ln
LLJ in
CD
'm
ee
— — — — — — — — — —
--------------- t6i
GATTIS SCHOOL ROAD
(R.O,yf. WIDTH VARIES)
PROPOSED GATTiS SCHOOL ROAD BASELINE Y+L—
I
— ' —r— OD 46400
42*00 43-!00 44>00
P
l-'Tp
11 0
PROJECT
GATTIS SCHOOL ROAD �W-Wfm
2023079278 Page 9 of 14
O
JA
I/2" IRON ROD FOUND, UNLESS NOTED
IRON SET W/ PLASTIC CAP
STAMPED "INLAND®9933'"
IRON ROD FOUND W/PLASTIC
CAP, AS NOTED
COTTON GIN SPINDLE FOUND
/2" IRON PIPE FOUND, UNLESS NOTED
X CUT FOUND
MAG NAIL FOUND
60/D NAIL FOUND
MAG NAIL SET
CALCULATED POINT
IRON ROD W/ ALUMINUM CAP
STAMPED "ROW-4933" SET
PROPERTYq CENTER LINE
•• •• •
LINE BREAK
DENOTES COMMONOWNERSHIP
P. +i a . POINT
P. • POINT OF •
NOT 1 SCALE
STORMSTMSE
SSE SANITARY SEWER EASEMENT
P. U. E. PUBLIC UTILITY EASEMENT
D. R. DEED RECORDS
WILLIAMSON COUNTY,
• OFFICIAL RECORDS
WILLIAMSON
r OFFICIAL PUBLICRECORDS
r COUNTY,TEXAS
r-i
WILLIAMSON COUNTY, TEXAS
surfaceu . Mil "... i on _ Texas tote Plane • • ■ • : 103, .
THE SURVEY SHOWN HEREON WAS PREPARED IN CONJUNCTION WITH T14AT COMMITMENT FOR TITLE INSURANCE GF NO. 1920229-KFO,
ISSUED BY TITLE RESOURCES GUARANTY COMPANY, EFFECTIVE DATE MAY 17, 20;9, ISSUE DATE MAY 29, 201g.
1. RESTRICTIVE COVENANTS; CABINET DD, SLIDE 270 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, AND DOCUMENT
NO. 2014075563 (PLATI, 2007096340 AND 2018019694, OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS,
SUBJECT TO.
IOG. ANY AND ALL EASEMENTS, BUILDING LINES AND CONDITIONS COVENANTS AND RESTRICTIONS AS SET FORTH IN PLAT
RECORDED IN CABINET DO, SLIDE 270, OF THE PLAT RECORbs OF WILLIAMSON COUNTY, TEXAS, SUBJECT TO, DOC. NO.
2014075563, OF THE OFFICIAL PUBLIC RECORDS OF WILLIMASON COUNTY, SUBJECT TO.
H. EASEMENT GRANTED TO TEXAS POWER & LIGHT COMPANY BY INSTRUMENT RECORDED IN VOLUME 337, PACE 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, PACE 680, OF THE DEED RECORDS OF WILLIAMSON
COUNTY, DOES NOT
J. EASEMENT GRANTED To TEXAS POWER & LIGHT COMPANY AND SOUTHWESTERN BELL TELEPHONE COMPANY BY INSTRUMENTS
RECORDED IN VOLUME 664, PAGE 845 AND VOLUME 710, PAGE 134, OF THE DEED RECORDS OF WILLIAMSON COUNTY,
1/ NOT
K. EASEMENT GRANTED TO CITY OF ROUND ROCK BY INSTRUMENT RECORDED IN DOCUMENT NO. 2008015151, OF THE OFFICIAL
PUBLIC RECORDS OF •COUNTY,
L. EASEMENT GRANTED TO ATMOS ENERGY CORPORATION BY INSTRUMENT RECORDED IN DOCUMENT NO. 2011013506, OF THE
OFFICIAL PUBLICi 1 OF iCOUNTY,• NOT
M. TERMS, CONDITIONS AND STIPULATIONS OF THAT CERTAIN SHOPPING CENTER DECLARATION RECORDED IN DOCUMENT NO.
2007096348, OF OFFICIAL PUBLIC RECORDSOF •COUNTY,1.
N. TERMS, CONDITIONS AND STIPULATIONS OF THAT CERTAIN COMPENSATORY PARKING AGREEMENT RECORDED IN DOCUMENT
i 2014081055,OF :LIC RECORDS OF iCOUNTY,i IF APPLICABLE.
•i /�'.'
3
/i2 i =
=66
♦0 =0
i •� 1 1' r S 1 •• �'+
• • 1 1 I 1�
• r..
#3 �1 ■1 � t
PARCEL
PLAT SHOWING
PROPERTY
r'r r ,.
TURTLE CREEK MARKET,
;i ♦
• 1 PROJECT
GATTIS SCHOOL ROAD WILLIAMSON
R��m�'���t•11� i i
2023079278 Page 10 of 14 2022140856 Page 8 of 8
[*A MOU: [$I*] Mk
2022140855
Pagesm- 8 Fee- $50.00
12128/2022 10:39 AM
DLAM
C did,
Nancy E. Rister, County Clerk
Williamson County,Texas
2023079278 Page 11 of 14
GAMS SCHOOL ROAD PHASE III - PARCEL 4
Whole property (yellow)
Acquisition (red) =
a
5.514 ac
0.115 ac
RECORDERS MEMORANDUM
clearlyr',II or parts of the text on this page rovas not
legible for satistactory recordation
PROPOSED ACQUISITION
44
2023079278 Page 12 of 14
RECORDERS MEMORANDUM
r I nrpait nTthetext ,rithis page was not
clearly legible for satietartnrr r, ninti,ri EXHIBIT
PLAT TO AMOMPANT
B
NUMBER DIRECTION DISTANCE LOT I BLOCK A
L I N08*35'31"E 75.38' —F
L2 S88*19'23"W 13.57'
F.A. HOLOEf? SURVEY
ABSTRACT NO. 297
lf�jYATCjjLj1Jk CA$E%lENT
(o. G33 AC.
p Arip I
DOC. NO. 20080t5i5i
D. F. R. u. C. T.
STA. 43429.04 f
669.34 1 LT
LOT I -A STA. 43 115. 61
BLOCK A I i
595,17LT
{5.514 AC.
TURTLE CREEK
MARKET, LLC
DOC NO. 2013051381
p O.P.R.W.C.T.
p A
F-- 4
0.115 AC. "S
5,014 SO.
REPLAT OF LOT 1, 1 1
TURTLE CREEK COMMERCIALl
SUBDIVISION
DOC. NO. 20140 75563
0. P. R. W. C. T.
i WATERLINF. EASCMERF
90-221 AC
p PART
2
'
ooc No. 20060151'l
O.P.R.W. c. 1.
— — — — — -------I r® LJ
(N 8 8;' 19 07 E 225. 1 3C---
N880 19' 23jE 211. 61
LOT 3 P. 0. B
BLOCK A STA 43;20 9;
P. 0. C. im 0' LT
GRID COORDINATES,
275.34' LT
STA. 41-03.81 N-10154605.52
E-3139455.71
TURTLE CREEK
COMMERCIAL
si SUBDIVISION
CAB. DO, SLIDE 270-271
P. R, w. c. T.
DOC. NO. 20070666259
O.P.R.W.C.T.
40#00 41#00
JINLANDu
J_
GEOPFDETICSi nw
NPR!OFESSIONAL LAND SURVEYOR
'YO
m
u
p P-P-�r
2023079278 Page 13 of 14
I =0 1 1011
I I
.... .. .... --,
GATTIS SCHOOL ROAD
I,
(R.O.W. WIDTN YARIES)
PO�ED GATTIS SCHOOL ROAD BASELINE
..... . .....
5#00 46.00
42.00 43-00 44*00
PROJECT
GATTI S SCHOOL ROAD
2023079278 Page 14 of 14
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2023079278
Pages: 14 Fee: $90.00
09/20/2023 04.29 PM
AFAULKNER
1 AST40f
F�
Gti,
Nancy E. Rister, County Clerk
Williamson County,Texas
ROUND ROCK
TEXA5
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider execution of a Release of Memorandum of Real Estate Contract in
connection with acquisition of 0.115 acre acquired for Gattis School Road
Segment 3.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/15/2023
Dept Director: Gary Hudder, Transportation Director
Cost:
Indexes:
Attachments: LAF - Release of Memo of Contract w- Turtle Creek Market)(Parcel 4) -- GSR3-
-0.115 acre, TURTLE(4)-- Release of Contract Memorandum--GSR3 (AH + DC
9.1.23), TURTLE(4)--property background presentation exhibits (DC 11.14.22)
Department: Transportation
Text of Legislative File CM-2023-210
A purchase contract for this right of way parcel was approved by city council at its December 1, 2022
meeting (Item R-2022-393). One of the provisions of the contract called for a Memorandum of the
agreement to be executed and recorded in order to accommodate an extended closing date requested by
the Seller. The Closing has now been completed, and the terms of the contract provide for a release of the
memorandum upon request from the owner, which has been received.
Cityof Round Rods Page 1 of 1