Contract - MS Realty Holdings, LLC and City of Round Rock, TX - 8/14/2025 REAL ESTATE CONTRACT
North Mays Gap Right of Way
THIS REAL ESTATE CONTRACT ("Contract") is made by and between MS REALTY
HOLDINGS, LLC, A TEXAS LIMITED LIABILITY COMPANY(referred to in this Contract
as "Seller", whether one or more) and 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 0.0460-acre(2,003 square foot)tract of land,out of and situated
in the Ephraim Evans Survey, Abstract No. 212, in Williamson County, Texas;
being more fully described by metes and bounds in Exhibit "A", attached hereto
and incorporated herein (Parcel 5):
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 herein 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 AND ADDITIONAL COMPENSATION
Purchase Price
2.01. The Purchase Price for the fee simple Property interests described in Exhibit A
shall be the sum of ONE HUNDRED THIRTY-THREE THOUSAND and 00/100 Dollars
($133,000.00).
Payment of Purchase Price and Additional Compensation
2.02. The Purchase Price shall be payable in cash or other readily available funds at the
Closing.
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.
3.03. Administrative Adjustment Letter. As an additional form of consideration for the
Property interests conveyed herein under the threat of condemnation, Seller agrees to execute and
record the July 18`h, 2025, Administrative Adjustment letter (hereinafter referred to as "Admin
Letter") in substantially the same form as shown in Exhibit "B" attached hereto and incorporated
herein. Notwithstanding the foregoing, Seller agrees to replace the landscaping located in the
Property elsewhere on Seller's remaining property in similar quantities and/or like materials.
3.04. Driveway Reconstruction. As an obligation that shall survive the Closing of this
transaction, and as an additional form of consideration for the Property interests conveyed herein
under the threat of condemnation, Purchaser agrees that as part of the proposed construction of
improvements to North Mays Street upon the Property, it shall cause a replacement driveway to be
built between the edge of the proposed roadway improvements and the remaining property of Seller.
The driveway shall otherwise be constructed in the location and according to the specifications as
shown in Exhibit "C" attached hereto and incorporated herein. By execution of this Agreement,
Seller shall allow Purchaser, its agents,and contractors to temporarily access the remaining property
of Seller solely in the location and for the purposes and time period necessary to carry out the
obligations of this paragraph.
3.05. Irrigation Sleeve. As an additional form of consideration for the Property ultimately
to be conveyed to Purchaser under the threat of condemnation, Purchaser agrees that as a part of the
Roadway Construction Project, Grantee will install, at its own expense, an irrigation sleeve in the
approximate locations described further in Exhibit "D" attached hereto and incorporated herein.
Purchaser shall notify Seller seven(7)days prior to the installation of said irrigation sleeve, so that
Seller may employ his contractor to do corresponding irrigation cure work once said sleeve is
installed. Purchaser agrees that Seller shall be entitled to have its contractor work within the City
right of way to perform this irrigation cure work. Notice to Seller hereunder shall be made by
contacting Lafe Chaffee by phone at (512) 589-3884 and by email at
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Lafe@MerchandiseSolutionsllc.com.
3.06. Purchaser Shall Restore. Purchaser shall restore any damage done to the Property
caused by Purchaser or Purchaser's agents, whether foreseeable or unforeseeable, during
construction and in performing the obligations of this Article III at Purchaser's own cost, and
Purchaser agrees to leave Seller's remaining property in the same or better condition as existed prior
to the commencement of construction.
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,and for which Seller shall
deliver a partial release of lease document at Closing.
(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 is being conveyed to Purchaser under threat of condemnation.
ARTICLE V
CLOSING
Closing Date
5.01. The Closing shall be held at the office of Rise Title on or before September 1, 2025,
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
3
5.02. At the Closing, Seller shall:
(1) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed
conveying good and indefeasible title to City of Round Rock, Texas in fee simple to the right of
way Property described in Exhibit A,conveying such interest in and to the portion of the Property
free and clear of any and all monetary liens and restrictions and release of any lease agreement
affecting the Property, 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 Special Warranty Deed shall be in the form as shown in Exhibit"E"attached hereto
and incorporated herein.
(3) Provide reasonable assistance as requested, at no cost to Seller, to cause the Title
Company to deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, in
Grantee's favor in the full amount of the Purchase Price, insuring Purchaser's contracted interests
in and to the permanent interests being conveyed in 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.
(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"; and
(d) that such other documents required from Seller are prepared at no cost to
Seller and do not require Seller to make any additional representations,
indemnifications, or promises to Purchaser, the Title Company, or any other
person except as otherwise specifically provided in this contract.
(4) Deliver to Purchaser possession of the Property if not previously done.
Purchaser's Obligations at Closing
5.03. At the Closing,Purchaser shall:
(a) Pay the cash portion of the Purchase Price and Additional Compensation,if
4
any.
Prorations
5.04. General real estate taxes for the then-current year relating to the portion of the
Property conveyed in fee shall be prorated as of the Closing Date and shall be adjusted in cash at
the Closing but shall otherwise remain the obligation of Seller to satisfy. 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, which directly result from this Contract and conveyance 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) Special Warranty 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 BY 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.
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
5
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.
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
6
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. Upon request of either party,the parties shall promptly execute a memorandum of
this Contract suitable for filing of record.
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,which date is indicated beneath the Mayor'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.
As-Is Sale
8.12. AS-IS SALE. PURCHASER ACCEPTS THE PROPERTY"AS IS,""WHERE IS,"AND
"WITH ALL FAULTS," WITHOUT WARRANTY OR REPRESENTATION FROM SELLER.
PURCHASER AGREES AND REPRESENTS:
(a) PURCHASER IS NOT RELYING ON ANY WRITTEN, ORAL, OR IMPLIED
STATEMENT OR REPRESENTATION BY SELLER OR ANY REPRESENTATIVE OF
SELLER ABOUT OR RELATED TO THE PROPERTY, INCLUDING, BUT NOT LIMITED
7
TO STATEMENTS OR REPRESENTATIONS ABOUT: (i) THE NATURE, USE, VALUE,
DEVELOPMENTAL POTENTIAL, SUITABILITY OR FITNESS FOR ANY USE,
COMPLIANCE WITH RESTRICTIONS OR ZONING ORDINANCES, COMPLIANCE
WITH ANY REGULATIONS OR LAWS, HABITABILITY, MARKETABILITY, ACCESS
TO,EGRESS FROM,QUALITY OF IMPROVEMENTS,CONDITION OF IMPROVEMENTS
OR THE LAND, SIZE OF THE IMPROVEMENTS OR LAND, SOILS, OR DRAINAGE (ON
OR FROM); OR (ii) THE PRESENCE OF ANY ENVIRONMENTAL CONDITIONS,
ENVIRONMENTAL CONTAMINANTS, UTILITIES, FLOOD HAZARD AREAS, FLOOD
PRONE AREAS, EASEMENTS, RIGHTS-OF-WAY, ROADS;
(b) PURCHASER HAS THE OPPORTUNITY TO INSPECT THE PROPERTY, IS
FAMILIAR WITH THE PROPERTY, IS SATISFIED WITH THE CONDITION OF THE
PROPERTY, AND IS RELYING ON PURCHASER'S OWN DETERMINATION AND
INVESTIGATION OF THE PROPERTY.
(c) PURCHASER IS EXPERIENCED IN THE PURCHASE OF PROPERTIES
SIMILAR TO THE PROPERTY; AND
(d) THE SALES PRICE HAS BEEN NEGOTIATED BETWEEN THE PARTIES
AS A RESULT OF PURCHASER AGREEING TO TAKE THE PROPERTY IN AN AS-IS
CONDITION.
Contingent Possession and Use Agreement
8.13. Upon completion of (1) the full execution of this Contract by all parties, and (2)
acknowledgment by the Title Company of delivery by Purchaser of the full Purchase Price to the
Title Company, Purchaser, its agents and contractors shall be permitted at any time before
September 1, 2025, to enter and possess the Property prior to completion of final Closing for the
purpose of completing any and all necessary testing, utility relocation, and construction activities
associated with the proposed roadway improvement construction project of Purchaser on the
Property or other obligations of this Contract, and Seller agrees to make any gate access available
to Purchaser, its contractors or utility facility owners as necessary to carry out the purposes of this
paragraph.The parties agree to continue to use diligence in assisting with any title curative measures
or mortgage lien release required by the Contract to complete the Closing of the purchase
transaction.
8
SELLER:
MS REALTY HOLDING , LLC. A TEXAS LIMITED LIABILITY COMPANY
By: 1�
Name: fizz.G Mc:�z I
Title: MGwt 1D1X
Date: 'f/Z.4/Zos5
PURCHASER:
CITY OF ROUND ROCK. TEXAS
By: Address: 221 Main Street
Round Rock. Texas 78664
Date: V///2o25
9
EXHIBIT A
County: Williamson 10/18/2023
Parcel: 5, MS Realty Page 1 of 5
Highway: N. Mays Extension
EXHIBIT
PROPERTY DESCRIPTION
DESCRIPTION OF A 0.0460 ACRE (2,003 SQUARE FOOT) PARCEL OF LAND SITUATED IN THE
EPHRAIM EVANS SURVEY, ABSTRACT NO. 212, IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF LOT 4-B OF THE REPLAT OF LOTS 2, 4, AND 6 OAKMONT CENTRE SECTION
SEVEN SUBDIVISION, RECORDED IN CABINET T, SLIDES 274-275 OF THE PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS AND DESCRIBED IN A SPECIAL WARRANTY DEED TO MS
REALTY HOLDINGS, LLC, RECORDED IN DOCUMENT NO 2020035393 OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.0460 ACRE (2,003 SQUARE FOOT)
PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a MAG Nail with washer stamped "CORR-ROW 5630" set 35.50 feet right of N. Mays
St. Baseline Station 81+09.50, on the proposed easterly right-of-way (ROW) of N. Mays St. (R.O.W.
varies), and the existing easterly ROW line of N. Mays St. (formerly Oakmont Drive) (60 foot ROW),
same being the south line of said Lot 4-B, (Grid Coordinates determined as N=10,175,684.12,
E=3,130,103.94), for the southeast corner and POINT OF BEGINNING of the herein described parcel,
from which a capped 1/2 inch iron rod stamped "ROW-5050" found at an angle point on said existing
ROW line, same being the southerly line of said Lot 4-B, for the northwest corner of the remainder of
Lot 3A, Block A, of the REPLAT OF OAKMONT LOT 3, BLOCK A OAKMONT CENTRE SECTION
FIVE subdivision, recorded in Cabinet Z, Slides 161-162, of said Plat Records, bears N 79°09'47" E, a
distance of 16.20 feet;
1) THENCE, S 79°09'47" W, with said existing easterly ROW line of N. Mays St., same line being said
south boundary line of Lot 4-B, a distance of 6.60 feet to a PK Nail found, for the southwest corner
of said Lot 4-B, and for the southwest corner of the herein described parcel;
THENCE, with said existing easterly ROW line, same being the west boundary line of said Lot 4-B, the
following three (3) courses and distances:
2) N 16°38'11" E, a distance of 54.80 feet, to a MAG Nail with washer stamped "Baker Aicklen
Assoc"found, for the beginning of a curve to the left;
3) along said curve to the left, having a radius of 433.27 feet, a delta angle of 37°27'05", an arc
length of 283.21 feet, and a chord which bears N 02°09'33" W, a distance of 278.19 feet, to a
1/2" iron rod found, for a point of tangency;
4) N 20°56'37" W, a distance of 22.26 feet, to an X cut in concrete found, being the southwest
corner of Lot 4-A of said REPLAT OF LOTS 2, 4, AND 6 OAKMONT CENTRE SECTION
SEVEN subdivision, same point being the northwest corner of said Lot 4-B, for the northwest
corner of the herein described parcel;
5) THENCE, N 69°06'37" E, departing the existing ROW line of said N. Mays St., with the common
boundary line of said Lot 4-B and said Lot 4-A, a distance of 5.62 feet to a MAG Nail with
washer stamped "CORR-ROW 5630" set being 35.50 feet right of N. Mays St. Baseline Station
84+47.49, for the northeast corner of the herein described parcel, from which a capped 1/2 inch
iron rod stamped "Baker-Aicklen Assoc" found, for the southeast corner of said Lot 4-A, bears N
69°06'37" E a distance of 449.19 feet;
County: Williamson 10/18/2023
Parcel: 5, MS Realty Page 2 of 5
Highway: N. Mays Extension
THENCE, departing the south line of said Lot 4-A, through the interior of said Lot 4-B, the following
three (3) courses and distances:
6) S 20°54'21" E, a distance of 22.66 feet, to a MAG Nail with washer stamped "CORR-ROW
5630" set, at the beginning of a curve to the right, being 35.50 feet right of N. Mays St. Baseline
Station 84+24.84;
7) along said curve to the right, having a radius of 435.50 feet, a delta angle of 36°54'47", an arc
length of 280.57 feet, and a chord which bears S 02°26'57" E, a distance of 275.75 feet, to a
MAG Nail with washer stamped "CORR-ROW 5630" set, for a point of tangency being 35.50
feet right of N. Mays St. Baseline Station 81+67.13;
8) S 16°00'26" W, a distance of 57.63 feet, to the POINT OF BEGINNING, containing 0.0460
acres (2,003 square feet) of land more or less.
This property description is accompanied by a separate parcel plat.
Bearings are based on the Texas Coordinate System of 1983, Central Zone NAD83 (2011).
Coordinates shown hereon are grid values represented in U.S. Survey Feet. All distances shown
hereon are surface values represented in U.S. Survey Feet based on a surface-to-grid Combined
Adjustment Factor of 0.99987384.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That I, Miguel A. Escobar, 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 January 2023.
WITNESS MY HAND AND SEAL at Round Rock, Williamson County, Texas.
Inland Geodetics
'(E OFT
14e, 7// -
I
MIGUEL ANGEL ESCOBAR ►
Miguel A. Escobar, L.S.L.S., R.P.L.S. �` '.• 5630 �f
Texas Reg. No. 5630 N,Ess .• �
�F O
41(
1504 Chisholm Trail Rd #103 '01) SUFt\l —
Round Rock, TX 78681
TBPELS Firm No. 10059100
Project No: KPA-001
S:\KPA\CORR N MAYS EXT\5-Descriptions-Reports\PARCEL-5-MS REALTY.doc
EXHIBIT ___
\ P 'T. TO ACCOMPANY DESCRIPTION
NO. DIRECTION DISTANCE
, \ \ L1 N79'09'47"E 16.20'
/. �� L2 S79'09'47"W 6.60'
\ L3 N 16'38'1 1"E 54.80'
\ �_ \ (L3) (N 1 8'25'50"E) (54.80')
L4 N20'56'37'W 22.26'
\I- \ (L4) (N 19'01'31"W) (22.25')
\ L5 N69'06'37"E 5.62'
N:t \ \ L6 S20'54'21"E 22.66' 50 0 cs 50 100
L7 S1 6'00'26"W 57.63' =
r`P \ , (L8) (N79'22'53"E) (22.77') -.o SCALE 1" = 100'
DETAIL LOT 4—A 1g ='
"BAKER AICKLEN ASSOC"
N.T.S. e 49.,.—
\2 STA. 84+47.49 4_
\ \ 35.50' RT 6 g1„� /454 1'� \ \
„�� } • ‘ \4 9\5 P�� 34'E REPLAT OF\
o -110' LOTS 2, 4, AND 6 I
JO '� \ '1► Lam_ OAKMONT CENTRE
'.O.B. \ \ '' SECTION SEVEN
t ;Y! L10' W.L.E. CAB. T, SLD. 274-275
L1 O \ DOC No 200219798 O.P.R.W.C.T. P.R.W.C.T.
\-2 ROW-5050 b, u \ APPROXIMATE LOCATION 15' P.U.E.
:% .� 8� STA. 84+24.84 CAB. T, SLD. 274-275
2 (�8) P \ 35.50' RT O P.R.W.C.T.
"‘, , 15' FIRE LINE
1 0.0460 AC. EASEMENT /
v �� . 2,003 SQ. FT. CAB. T, SLD. 274-275
P.R.W.C.T.
a `_- `
o� MS REALTY /
HOLDINGS, LLC „.. r
% Eno 3 � DOC No 2020035393
�Y , a , O.P.R.W.C.T.
ro3 v U LOT 4—B
M J ei I 15' P.U.E. 3.486 ACVRAINAGE EASEMENT
, - i, �. I CAB. T, SLD. 274-275 VOL. 1199, PG, 270
' / 2 co0 D.R.W.C.T.�
— /
i Y/ ' Y' -/ 1 ill
),Il�'^, // OVERHEAD ELECTRIC
_________J "
EASEMENT
!: / ��CAB. T, SLD. 274-275 /
• STq. '! P.R.W.C.T.
- 14 STA. 81+67.13 /
n L N ASSOC"„'•
/ 35.50' RT
"BAKER AICKL
\- 223.60)
i/�S° °0N81 2 „-
L &0 _ P O.B._ REMAINDER OF
STq
M — GRID COORDINATES LOT 3A
• •63 3 N:10,175,684.12 BLOCK "A"
o E:3,130,103.94
ce / o� STA. 81+09.50 REPLAT OF
z 1 35.50' RT OAKMONT LOT 3, BLOCK A
O 0 WILLIAMSON COUNTY, TEXAS OAKMONT CENTRE
X O z 0.136 ACRE
DOC. NO. 2018040315 SECTION FIVE
w1 ,/� X O.P.R. .— CAB. Z, SLD. 161-162
V P.R.W.C.T.
NUMBER RADIUS DELTA LENGTH CHORD BEARING CHORD
C1 433.27' 37'27'05" 283.21' NO2'09'33"W 278.19'
(C1) (433.27') (37'26'55") (283.19') (NO0'1 1'25"W) (278.17')
C2 435.50' 36'54'47" 280.57' 502'26'57"E 275.75'
PROJECT NO.: KPA-001 10/18/2023
P‘11.11.411 PARCEL PLAT SHOWING PROPERTY OF
INLAND GEODEIIS MS REALTY HOLDINGS, LLC PARCEL 5
and Surv•yors 0.0460 AC.
Ner\er
2,003 SQ. FT.
SCALE PROJECT
1" = 100' WILLIAMSON COUNTY N. MAYS EXT PAGE 3 OF 5
EXHIBIT ___
NOTES: PLAT TO ACCOMPANY THEF. DESCRIPTION MATTER(S)LLOWING AFFECTING THE SUBJECT
PROPERTY AS SHOWN ON PLAT/MAP RECORDED IN
1. BEARINGS ARE BASED ON THE TEXAS COORDINATE CABINET T, SLIDE 274, PLAT RECORDS, WILLIAMSON
SYSTEM OF 1983, CENTRAL ZONE NAD83 (2011). COUNTY, TEXAS:
COORDINATES SHOWN HEREON ARE GRID VALUES 15' PUBLIC UTILITY EASEMENT ALONG THE WEST
REPRESENTED IN U.S. SURVEY FEET. ALL DISTANCES PROPERTY LINE. (SHOWN)
SHOWN HEREON ARE SURFACE VALUES REPRESENTED IN 15' FIRE LINE EASEMENT TRAVERSING PROPERTY.
U.S. SURVEY FEET BASED ON A SURFACE-TO-GRID (DOES NOT AFFECT)
COMBINED ADJUSTMENT FACTOR OF 0.99987384. 15' UTILITY EASEMENT TRAVERSING PROPERTY.
2. THE FOREGOING MAP AND SURVEY ON WHICH IT IS (SHOWN)
BASED IS ACCOMPANIED BY AND A PART OF SEPARATE 15' OVERHEAD ELECTRIC EASEMENT TRAVERSING
METES AND BOUND DESCRIPTION OF THE SUBJECT TRACT. PROPERTY. (DOES NOT AFFECT)
THE SURVEY SHOWN HEREON WAS PREPARED IN G. THE TERMS, PROVISIONS, EASEMENTS, COVENANTS,
CONJUNCTION WITH THAT COMMITMENT FOR TITLE RESTRICTIONS AND LIEN FOR ASSESSMENTS AS SHOWN
INSURANCE GF 23040014RTROW, ISSUED BY RISE TITLE IN RESTRICTIONS RECORDED IN VOLUME 952, PAGE
INSURANCE COMPANY, EFFECTIVE DATE MAY 16, 2023; 142, VOLUME 961, PAGE 1, VOLUME 1019, PAGE 578,
ISSUE DATE MAY 19, 2023. VOLUME 976, PAGE 230, VOLUME 1034, PAGE 709,
VOLUME 1340, PAGE 873, VOLUME 1340, PAGE 877,
SCHEDULE B, ITEM 1: VOLUME 1340, PAGE 882, VOLUME 1340, PAGE 887,
RESTRICTIVE COVENANTS:CABINET I, SLIDE 296, CABINET T, VOLUME 1344, PAGE 732, VOLUME 1344, PAGE 737,
SLIDE 274, PLAT RECORDS; VOLUME 952, PAGE 142, VOLUME 1344, PAGE 742, CLERK'S FILE NO.
VOLUME 961, PAGE 1, VOLUME 1019, PAGE 578, VOLUME 2001003055, 2013068699, 2016010516, 2021190918,
976, PAGE 230, VOLUME 1034, PAGE 709, VOLUME 1340, 2021190919, OFFICIAL PUBLIC RECORDS, WILLIAMSON
PAGE 873, VOLUME 1340, PAGE 877, VOLUME 1340, PAGE COUNTY, TEXAS; WHEN TAKEN WITH ALL AMENDMENTS
882, VOLUME 1340, PAGE 887, VOLUME 1344, PAGE 732, AND/OR SUPPLEMENTS THERETO.
VOLUME 1344, PAGE 737, VOLUME 1344, PAGE 742,
CLERK'S FILE NO. 2001003055, 2013068699, 201 601 051 6, H. SUBJECT TO ALL DEFINITIONS, EASEMENT, COVENANTS,
2021190918, 2021190919, OFFICIAL PUBLIC RECORDS, LIMITATIONS, CONDITIONS, RIGHTS, PRIVILEGES,
WILLIAMSON COUNTY, TEXAS, BUT OMITTING ANY COVENANT, OBLIGATIONS, LIABILITIES, AND ALL OTHER TERMS AND
CONDITION OR RESTRICTION, IF ANY, BASED ON RACE, PROVISIONS OF THAT CERTAIN AMENDED AND RESTATED
COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR DECLARATION OF COVENANTS, CONDITIONS AND
NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT RESTRICTIONS, RECORDED IN CLERK'S FILE NO.
THE COVENANT, CONDITION OR RESTRICTION (A) IS EXEMPT 2013068699, OFFICIAL PUBLIC RECORDS, WILLIAMSON
UNDER TITLE 42 OF THE UNITED STATES CODE, OR (B) COUNTY, TEXAS.
RELATES TO HANDICAP, BUT DOES NOT DISCRIMINATE
AGAINST HANDICAPPED PERSONS. I. EASEMENT AS SHOWN IN INSTRUMENT TO CITY OF
ROUND ROCK, DATED JANUARY 15, 1985 AND FILED IN
SCHEDULE B, ITEM 10: VOLUME 1199, PAGE 250, OFFICIAL PUBLIC RECORDS
A. RIGHTS OF PARTIES IN POSSESSION. OF WILLIAMSON COUNTY, TEXAS. (DOES NOT AFFECT)
B. RIGHTS OF TENANTS, AS TENANTS ONLY, UNDER J. EASEMENT AS SHOWN IN INSTRUMENT TO CITY OF
UNRECORDED LEASES OR RENTAL AGREEMENTS. ROUND ROCK, DATED JANUARY 15, 1985 AND FILED IN
VOLUME 1199, PAGE 262, OFFICIAL PUBLIC RECORDS
C. RIGHTS OF PUBLIC, THE STATE OF TEXAS AND THE OF WILLIAMSON COUNTY, TEXAS. (DOES NOT AFFECT)
MUNICIPALITY IN AND TO THAT PORTION OF SUBJECT
PROPERTY, IF ANY, LYING WITHIN THE BOUNDARIES OF K. EASEMENT AS SHOWN IN INSTRUMENT TO CITY OF
ANY ROADWAY, PUBLIC OR PRIVATE. ROUND ROCK, DATED JANUARY 15, 1985 AND FILED IN
VOLUME 1199, PAGE 270, OFFICIAL PUBLIC RECORDS
D. ANY VISIBLE AND APPARENT EASEMENTS ON OR ACROSS OF WILLIAMSON COUNTY, TEXAS. (SHOWN)
THE PROPERTY HEREIN DESCRIBED, WHICH ARE NOT
SHOWN OF RECORD. L. TERMS AND PROVISIONS OF DEED RECORDATION
E. ALL LEASES, GRANTS, EXCEPTIONS OR RESERVATIONS ACKNOWLEDGMENT - EDWARDS AQUIFER PROTECTION
OF COAL, LIGNITE, OIL, GAS AND OTHER MINERALS, PLAN DATED NOVEMBER 27, 2000, FILED DECEMBER 14,
TOGETHER WITH ALL RIGHTS, PRIVILEGES, AND 2000, RECORDED IN CLERK'S FILE NO. 2000082864,
IMMUNITIES RELATING THERETO, APPEARING IN THE OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS.
PUBLIC RECORDS WHETHER LISTED IN SCHEDULE B OR (NOT A SURVEY MATTER)
NOT. THERE MAY BE LEASES, GRANTS, EXCEPTIONS OR M. TERMS AND PROVISIONS OF EASEMENT AGREEMENT
RESERVATIONS OF MINERAL INTEREST THAT ARE NOT
LISTED. DATED JANUARY 2, 2002, RECORDED IN CLERK'S FILE
NO. 2002019798, OFFICIAL PUBLIC RECORDS,
WILLIAMSON COUNTY, TEXAS.
(EASEMENT AS SHOWN)
PROJECT NO.: KPA-001 10/18/2023
P414.11.41 PARCEL PLAT SHOWING PROPERTY OF
INLAND GEODETK's MS REALTY HOLDINGS, LLC PARCEL 5
an u �v.ro �. 0.0460 AC.
"‘(#e-
2,003 SQ. FT.
PROJECT
WILLIAMSON COUNTY N. MAYS EXT PAGE 4 OF 5
EXHIBIT ___
PLAT TO ACCOMPANY DESCRIPTION
N. TERMS AND PROVISIONS OF RECIPROCAL
EASEMENT AND OPERATING AGREEMENT BY AND
BETWEEN LARO PROPERTIES, L.P., A CALIFORNIA
LIMITED PARTNERSHIP AND MS REALTY HOLDINGS, LEGEND
LLC, A TEXAS LIMITED LIABILITY COMPANY DATED
APRIL 7, 2020, FILED APRIL 7, 2020, RECORDED X 'X' FOUND IN CONCRETE
IN CLERK'S FILE NO. 2020035394, OFFICIAL ® 1/2" IRON ROD WITH CAP FOUND
PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS. • 1/2" IRON ROD FOUND
(SHOWN, BLANKET) O 5/8" IRON ROD WI ALUMINUM CAP
STAMPED "CORR—ROW" SET
0. TERMS AND PROVISIONS OF SUBORDINATION, ® MAG NAIL WITH WASHER STAMPED
"CORR—ROW 5630" SET
NONDISTURBANCE AND ATTORNMENT AGREEMENT
FOR UNRECORDED LEASES BY AND BETWEEN ® PK NAIL FOUND
STREAMLINE TECHNICAL SERVICES, INC., TENANT, ® MAG NAIL FOUND
CHANDLER CREEK, L.P., A DELAWARE LIMITED PROPERTY LINE
P.R.W.C.T. PLAT RECORDS
PARTNERSHIP, LANDLORD AND BANK OF AMERICA, WILLIAMSON COUNTY, TEXAS
N.A., LENDER DATED JULY 11, 2005, FILED JULY O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS
18, 2005, RECORDED IN CLERK'S FILE WILLIAMSON COUNTY, TEXAS
NO.2005054784, OFFICIAL PUBLIC RECORDS, D.R.W.C.T. DEED RECORDS
WILLIAMSON COUNTY, TEXAS
WILLIAMSON COUNTY, TEXAS.
P.O.B. POINT OF BEGINNING
(NOT A SURVEY MATTER) W.L.E. WATER LINE EASEMENT
P. TERMS AND PROVISIONS OF SUBORDINATION ( ) RECORD INFORMATION
AGREEMENT — UNRECORDED LEASE BY AND .. /& BREAKLINE
BETWEEN STREAMLINE TECHICAL•SERVICES, LTD.,
LESSEE, STREAMLINE INVESTMENTS, LTD.,
BORROWER AND BANK OF AMERICA, N.A., LENDER
DATED MAY 12, 2006, FILED MAY 19, 2006,
RECORDED IN CLERK'S FILE NO. 2006040610,
OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY,
TEXAS.
(NOT A SURVEY MATTER)
Q. TERMS AND PROVISIONS OF ASSIGNMENT AND
SUBORDINATION OF UNRECORDED LEASES
AGREEMENT BY AND BETWEEN STREAMLINE
INVESTMENTS, LTD., LANDLORD, STREAMLINE
TECHNICAL SERVICES, LTD., TENANT AND CAPITAL
CERTIFIED DEVELOPMENT CORPORATION, LENDER
DATED JUNE 29, 2006, FILED JULY 7, 2006,
RECORDED IN CLERK'S FILE NO. 2006056552,
OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, I DO HEREBY CERTIFY THAT THE PROPERTY
TEXAS. DESCRIBED HEREIN WAS DETERMINED BY A SURVEY
(NOT A SURVEY MATTER) MADE ON THE GROUND UNDER MY DIRECT
SUPERVISION ON JANUARY 2023.
R. ANY RIGHTS, LIENS, OR CLAIMS IN FAVOR OF
UPPER BRUSHY CREEK WATER CONTROL AND INLAND GEODETICS
T TO IMPROVEMENT DISTRICT, INCLSECURING
BUT NOT
LIMITED TO ANY LIEN SECURING THE PAYMENT
OF ASSESSMENTS LEVIED AGAINST THE LAND IN
ACCORDANCE WITH CHAPTER 372 OF THE TEXAS
LOCAL GOVERNMENT CODE, WHICH PROVIDES MIGUEL A. ESCOBAR, L.S.L.S., R.P.L.S.
THAT SAID LIEN IS: "(1) A FIRST AND PRIOR LIEN TEXAS REG. NO. 5630 OF
AGAINST THE PROPERTY ASSESSED; (2) 1504 CHISHOLM TRAIL RD #103 A",cp••�s•7.7. "1
SUPERIOR TO ALL OTHER LIENS AND CLAIMS ROUND ROCK, TX 78681 c?•�4 Fa;S'
EXCEPT, LIENS OR CLAIMS FOR STATE, COUNTY, TBPELS FIRM NO. 10059100 • ,
SCHOOL DISTRICT, OR MUNICIPAL AD VALOREM ! MIGUELANGELESCOBAR ►
TAXES:. (§372.018 (B), TEXAS LOCAL f
GOVERNMENT CODE) N •,oR 5630 P� f
(NOT A SURVEY MATTER) \*. q�D URN.Ess yo% (
PROJECT NO.: KPA-001 10/18/2023
P4.11.1.41 PARCEL PLAT SHOWING PROPERTY OF
�GEODETICS MS REALTY HOLDINGS, LLC PARCEL 5
0.0460 AC.
"r\Jr
2,003 SQ. FT.
PROJECT
WILLIAMSON COUNTY N. MAYS EXT PAGE 5 OF 5
EXHIBIT B
Mayor Councilmembers City Manager
Craig Morgan Michelle Ly Brooks Bennett
Rene Flores
Melissa Fleming
ROUND ROCK TEXAS Mayor Pro-Tern Frank Ortega City Attorney
ADMINISTRATION Kristin Stevens Hilda Montgomery Stephanie Sandre
July 18, 2025
MS Realty Holdings, LLC
c/o Texas Protax Austin, INC
115 Bella Cima Dr.
Austin, TX 78734
RE: Administrative Adjustment— MS Realty Holdings, LLC Property, Parcel 5, North Mays Street
Project, Round Rock, TX 78664
57577 - Oakmont Centre Sec 7 Lts 2,4&6 Replat, BLOCK A, Lot 4B, ACRES 3.486 (WCAD Parcel
No. R405709)
MS Realty Holdings, LLC:
The above-referenced property is governed by the City of Round Rock Zoning and Development Code
(hereinafter "Code") and the Design and Construction Standards ("DACS"). With the proposed City-
initiated roadway project to expand North Mays Street, and the city's proposed acquisition of land, the
property will no longer be compliant with driveway throat depth and parking lot buffer landscaping as
noted in the Code and DACS.
Chapter 10, Section 10-52 of the Round Rock Zoning and Development Code allows an administrative
adjustment for property subject to condemnation, where governmental condemnation results in zoning
law noncompliance. Specifically, access to public roads (which includes driveways) and landscaping are
identified as a category subject to an administrative adjustment due to governmental condemnation. It is
therefore staff's professional opinion that the reduction of the driveway throat depth and reduction of
the landscaping buffer area will be harmonious with the character and scale of the surrounding area.
Furthermore, we hereby find that this complies with the established criteria for an Administrative
Adjustment as noted in Section 10-52:
a) Consistent with this Code zoning regulations. The proposed adjustment is in harmony with the
general plan and purpose and intent of this Code.
b) Harmonious with character and scale of surrounding area.The proposed adjustment to schematic
architectural, signage and landscaping designs shall be harmonious with the character of the
surrounding area.
c) General impacts. The likely future impact that the proposed adjustment may have on the
following systems and public services: Public infrastructure such as roads, parking facilities,water
and wastewater systems, police and fire protection, solid waste collection, and the ability of
existing infrastructure and existing services to-adequately service the property in question.
d) Traffic related impacts. The proposed adjustment does not interfere with the free flow of traffic
or create a public safety hazard.
e) Condemning authority impact. The likely cost to the condemning authority if the application is
disapproved.
In accordance with Section 10-52 of the Round Rock Zoning and Development Code,the City hereby grants
an Administrative Adjustment to the driveway throat depth and parking lot landscape buffer sections of
the DACS and Code due to the city's acquisition of land within the proposed North Mays Street project
being constructed by the City for public use. Future redevelopment of the site will have to comply with
lawfully adopted Codes and ordinances in effect at that time, but this administrative adjustment allows
the noncompliant driveway throat depth and landscaping buffer to remain as-is without any corrective
action required.
We recommend you record this letter in the Williamson County Courthouse for future reference on legal
matters related to this action.
Sincerely,
Bradley Dushkin, AICP
Director of Planning& Development Services
cc: Michael Thane, Executive Director of Public Works
Gerald Pohlmeyer, Asst. Director Transportation Infrastructure
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF\,vj\\1I vti,vy.rN §
This instrument was acknowledged before me on e 12 , 2025, by Bradley
Dushkin,AICP, in the capacity and for the purposes and consideration recited herein.
Notary Public,State of Texas
4.' VERONICADEVANEY
13398164
ExPlr2e:7:be:,
23,2026CITY OF ROUND ROCK 221 East Round
Rock,Texas 78664[P] 512.218.5401 •[F]
512.218.7097.roundrocktexas.gov
EXHIBIT C
L.ccErvo
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1.
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, NORTH BOUND-VEHICLE
A I, \ /I"' WIDTH•• ' j A ' , ,
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,�. .4 ,r CONSULTING ENGINEERS
ICA
GEORGETOWN,TEXAS/1126
i � of I. �I NORTH MAYS EXTENSION
i • . ,0! +'t.. ti AUTO DRIVE EXHIBIT
)►
I
• M�,;A PROPOSED DRIVEWAYS
" - '�,� PARCEL/5: R405709
• �"' F ••_✓ MS REALTY HOLDINGS LLC
•�° „_;+*'^' - �" '' r�.-+N 3851 N MAYS ST,ROUND ROCK, TX 78665
inzm®i?limminna
/ mMEM WEE:110-i1'MAIN
EXHIBIT D
� , . ..e . ______________ 5,,roo_.____:____._._______________
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N
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• a 1 - ••N 10177190 589
}1- }1 E 10177190.589
STA 1+50.8 ,yam etk�'.11'
{ RRIGAnON SLEEVE 41ii''
STA 0+39.68 STA 0+61.04 ry 10177276.6AI
1 t' IRRIGATION SLEEVE IRRIGATION SLEEVE '
I A N 10177170.707 N 10177189 631 E 10177276.644
1.7
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1 �+ E 10177170.707 E 10177189.631
T i _ 7. .r .— �.4' g.-.w,...,4wn+w.. _; 1
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SCALE: 1-40 RZ'-110
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1 SLOPE 0.161< 710
I
746 746
-, ROUND ROCK TEXAS
._ 744 - 744 _
- - _ - KASBERG,PATRICK&ASSOCIATES.LP
7� ICACONSULTING ENGINEERS
_ 742- OEOROkTOWN,TEIW laa7a
NORTH MAYS EXTENSION
PROPOSED
1 740 740
wi: W W, IRRIGATION SLEEVE
7� �W BEGIN TO END
- v% $612 %TIIO 738 scA1E HORIZONTAL:1•440•
O§4 op: ,z,§ •R 1, T DE9GN R0 SHEET
NO PRO.ECL NO SHE 9IEC TNO.
<3-' F3�- <W FVE DRAM STAR N�1. COUNTY
726 v16� N � n8y 1n � 736 Nn 1609 *89 069ON
-1+50 4+00 .0+50 0+00 0+50 1+00 1+50 2+00 2+50 3+00 3+20 CHECK CONTROL sccn0N .10R I wIA.
SA.
EXHIBIT E
Parcel 5
DEED
North Mays Gap 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 THAT TRANSFERS AN INTEREST IN REAL PROPERTY 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 MS REALTY HOLDINGS, LLC, A TEXAS 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(s) or parcel(s) 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 (the
"Property"):
All of that certain 0.0460-acre(2,003 square foot)tract of land,out of and situated in
the Ephraim Evans Survey, Abstract No. 212, in Williamson County, Texas; being
more fully described by metes and bounds in Exhibit "A", attached hereto and
incorporated herein(Parcel 5)
SAVE AND EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is
retaining title to the following improvements located on the Property, 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.
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 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 Grantee's roadway facilities and all related appurtenances.
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 by, through or under
Grantor, but not otherwise.
This deed is being delivered in lieu of condemnation.
IN WITNESS WHEREOF, this instrument is executed on this the day of
2025.
[signature page follows]
2.
GRANTOR:
MS REALTY HOLDINGS, LLC, A TEXAS LIMITED LIABILITY COMPANY
By:
Name:
Title:
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF §
This instrument was acknowledged before me on this the day of ,
2025 by , in the capacity and for the purposes and consideration recited
therein.
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Sheets & Crossfield, PLLC
309 East Main
Round Rock, Texas 78664
GRANTEE'S MAILING ADDRESS:
City of Round Rock,Texas
Attn: City Clerk
221 Main Street
Round Rock, Texas 78664
AFTER RECORDING RETURN TO:
3.