CM-07-11-250St. Richard's Episcopal Church
October 31, 2007
City of Round Rock
221 E. Main Street
Round Rock, TX 78664
I am the Rector at St. Richard's Church in Round Rock, Texas and am attempting to clear up an issue
relating to the church's use and potential sale of piece of property adjacent to one I understand you
currently own. The St. Richard's property, specifically Lot 9, Heritage Center, was formerly used as the
church facility. However, several years back St. Richard's church was located on Highway 79, about one-
half mile east of the previous location. Currently, the old St. Richard's property is being leased by Arbor
Pointe Events Center. Using the existing property, but having done significant renovations, Pat Ott, the
owner of Arbor Pointe, is using the facility to host weddings, meetings, and other such gatherings.
The purpose of this letter is to ask your assistance on clearing up a title matter. I will try to explain it
briefly. The old St. Richard's property was originally deeded to St. Richards some decades ago by Harriett
Rutland. That deed contained a restriction that limited use of the land to church purposes. Ms. Rutland has
agreed to remove that restriction, as is reflected by her signature in the attached document. However, in
order to sell the property to Ms. Ott, the title company requires that the adjacent landowners whose
property was once a portion of the larger tract owned by Ms. Rutland, also sign off on the agreement that
the old St. Richard's property no longer be used for church purposes.
Ms. Ott has made substantial improvement to the property, and as owner of Arbor Pointe Events Center,
certainly has a significant interest in maintaining the property in good condition. As such, I anticipate that
her use of the property for other than church purposes will not have an adverse effect on your property.
I would appreciate your signing this document and having it notarized, thus allowing us to move forward
with a sale of the property. If you have any questions related to this matter, you may call me directly at the
church (512)255-5436, or call one of our parishioners, Chris Pearson (512) 495-8860, who has been
helping me handle this matter.
Faithfully,
The Reverend Mary E. Wilson
Enclosure
(11141-11-1)
The Reverend Mary E. Wilson, Rector
142o E. Palm Valley Blvd. ❖ Round Rock, TX 78664 ❖ 512-255-5436 ❖ Fax: 512-255-4157 + daybyday@saintrichards.org
TERMINATIONAGREEMENT
This Termination Agreement (the "Agreement") is entered into by and among the
undersigned to be effective as of October,1, 2007 (the ,Effective Date").
WITNESSETH
WHEREAS, Harriet Irvin Rutland, by two (2) Deeds (the "Deeds") recorded in Volume
674, Page 277, and Volume 674 Page 230, conveyed to The Protestant Episcopal Church
Council of the Diocese of Texas (the "Church") approximately 5.75 acres of real property (the
"Subject Property") in Williamson County, Texas; and'
WHEREAS, each of the Deeds conveyed the Subject Property to the Church subject to a
restrictive covenant (the "Restriction") created in the Deeds limiting the Church's use of the
Subject Property to "Church purposes only;" and
WHEREAS, pursuant to the terms of the Deeds, the Restriction in each of the Deeds runs
to the benefit of the grantor thereunder, Harriet Irvin Rutland, and to any future owner of any
portion of certain property (the "Benefited Property") adjoining the Subject Property that was
owned by Harriet Irvin Rutland at the conveyance of the Subject Property to the Church under
the Deeds (Harriet Irvin Rutland and each such other beneficiary being referred to herein as the
"Beneficiaries"); and
WHEREAS, the Church has relocated its congregation from the Subject Property, and
now desires to sell, lease or otherwise use the Subject Property, and/or allow those who own,
lease, or otherwise use the Subject Property, to do so for other than Church .purposes, free and
clear of the Restriction; and
WHEREAS, the Church, Harriet Irvin Rutland, and each of the other Beneficiaries, being
all of the beneficiaries of the Restriction, are hereby agreeing to terminate the Restriction.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged for all purposes, Harriet Irvin Rutland, the Church, and the
undersigned Beneficiaries, being all of the beneficiaries or the Restriction, hereby forever
terminate the Restriction created in the Deeds and agree that the Subject Property shall hereafter
be held, maintained, operated, purchased and sold free and clear of said Restriction. Each of the
undersigned agrees to execute such additional documents and to take such additional actions as
may be necessary or appropriate to evidence the termination of the Restriction. This
Termination Agreement may be executed in multiple counterparts, and each original shall be
deemed an original for all purposes,
IN WITNESS HEREOF, the undersigned have executed this Agreement as of the
Effective Date.
Austin 577265v.1
City of Round Rock, Texas
STATE OF TE S §
COUNTY OF Ltl+§
cAtiThis instrument was acknowled before me on NW o 11
5 e ivit ed 2007, by
'1/ of the City of Round Rock, Texas, on
behalf of said City.
My Commission Expires: ' 14 'Jb 1
Austin 877265v.1
Notary P
MOP/ u
Printed Name of Notary
Signature Page to Termination Agreement