CM-06-07-156OPPENHEIMER BLEND
HARRISON ± TATENc .
June 6, 2006
Grae Round Rock, Ltd.
11825 IH 10 West, Suite 100
San Antonio, TX 78230
City of Round Rock
Mr. Jim Stendebach, Director of Planning
301 W. Bagdag, Suite 210
Round Rock, TX 78664
City of Round Rock
Mr. Tom Clark, Director of Utilities
212 Commerce Cove
Round Rock, TX 78664
Windermere Utility Company, Inc.
Mr. Bill Jasura
2700 Pecan Street West, Suite 430
Pflugerville, TX 78660
Re: Change of Waste Water Sewer Provider for Grae Round
Rock, Ltd.'s 17.662 acre tract of land in the City of Round
Rock, Williamson County, Texas
Gentlemen:
This letter agreement memorializes our understanding and agreement with regard to
sewer or waste water service for 17.662 acre tract at the S. E. corner of Highway 45 and Grimes
in the City of Round Rock, Williamson County, Texas, which 17.662 acre tract (the "Property")
is owned by Grae Round Rock, Ltd. and is described in Exhibit A attached hereto and made a
part hereof for all purposes.
The Property is in the CCN area of Windermere Utility Company, Inc. for wastewater or
sewer service. Grae Round Rock, Ltd. has requested sewer service for the Property consisting of
8 connections for a total of 70 LUEs. After evaluating the availability of sewer service for the
Property, Grae Round Rock, Ltd. has requested sewer service be provided by the City of Round
Rock which has available capacity at a more convenient and accessible location and Windermere
has agreed to release the Property from its CCN for wastewater and sewer service and allow the
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711 NAVARRO, SIXTH FLOOR . SAN ANIONIC T! XAS 70205
PHONE 210 224:2000 . FAX - 210 247540
E 51011 1 / 4-,1 .. :.
Letter Agreement
June 6, 2006
Property to be serviced by the City of Round Rock which is also providing potable water to the
Property.
Grae Round Rock, Ltd. has agreed to pay Windermere the sum of $16,297.69 as a single,
one-time payment for the release of the Property from the Windermere CCN and Windermere
has agreed to the payment for the release of the Property. The City of Round Rock has agreed to
provide the sewer and waste water service for the Property at no charge or cost to Grae Round
Rock Ltd. other than the customary platting, impact and connection fees applicable to all other
land in the City of Round Rock receiving sewer or waste water service from the City of Round
Rock under its CCN.
The parties to this letter agreement hereby agree to cooperate with each other to process
the change of the sewer or waste water service provider for the Property to the City of Round
Rock including making all applications to and obtaining the approvals of the appropriate utility
commission and other governmental entities.
Grae Round Rock, Ltd. will make the $16,297.69 payment to Windermere within ten (10)
days after Grae Round Rock, Ltd.'s receipt of a fully -executed copy of this letter agreement and
upon said payment, the City of Round Rock will proceed with platting of the Property based
upon sewer service being provided by the City of Round Rock.
Thank you for your cooperation and assistance in resolving the matter. If this letter
accurately sets out our agreement, please sign three counterparts of this letter and return them to
me. It is agreed that this letter agreement may be signed in counterparts.
KMG/lnm
P:\014091\082\AKS0003865V001.doc
Very truly yours,
Kenneth M. Gindy,
OPPENHEIMER BLEND
HARRISON +TATE: INC.
Letter Agreement
June 6, 2006
AGREED TO:
GRAE ROUND ROCK, LTD.,
a Texas limited partnership
By: Grae Tex, LLC, a Texas limited
Liability company, its general partner
By:
el Katz, Manager ,
CITY OF ROUND ROCK
By:
By:
its
, its
WINDERMERE UTILITY COMPANY, INC.
By:
, its
P:\014091\082\AKS0003865 V001.doc
OPPENHEIMER BLEND
HARRISON +TATF. INC..
FIELD NOTE DESCRIPTION
17.662 ACRES OF LAND LOCATED IN THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, CITY OF ROUND
ROCK, WLOT 3 AND LOT 4,
HENDERSONAMSON TRACT SUBDIVICOUNTYSION, ACCORDING TO THE APTEXAS, AND BEING A PORTNORFPLAT LOT1THEREO, LOT F RECORDED IN CABINET I,
SUDES 195-196, PLAT RECORDS OF WIWAMSON COUNTY, TEXAS; AND FURTHER BEING COMPRISED OF A
17.1461 ACRE TRACT OF LAND CONVEYED TO GRAE ROUND ROCK, LTD. AS DESCRIBED IN DOCUMENT
NUMBER 2005068585 AND LOT 4 CONVEYED TO GRAE ROUND ROCK, LTD. AS DESCRIBED IN DOCUMENT
NUMBER 2005100251, BOTH DOCUMENTS RECORDED IN THE OFFICIAL PUBUC RECORDS OF WIWAMSON
COUNTY, TEXAS; SAID 17.662 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING. AT A FOUND 34 INCH IRON ROD MARKING THE NORTHERLY END OF A CUT BACK CORNER AT
THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY UNE OF LOUIS HENNA BOULEVARD (STATE
HIGHWAY NO. N0. 45) WITH THE NORTHEASTERLY RIGHT OF WAY UNE OF COUNTY ROAD 170;
THENCE, N 70' 38' 55" E, ALONG THE SOUTHEASTERLY RIGHT-OF-WAY UNE OF LOUIS HENNA BOULEVARD,
AT A DISTANCE OF 131.10 FEET PASSING A FOUND 34 INCH IRON ROD MARKING THE INTERSECTION OF THE
SOUTHWESTERLY UNE OF SAID LOT 4 WITH THE SOUTHEASTERLY RIGHT-OF-WAY UNE OF LOUIS HENNA
BOULEVARD, IN ALL A TOTAL DISTANCE OF 1225.00 FEET TO A SET IA INCH IRON ROD WITH BPI CAP
LOCATED IN THE NORTHEASTERLY UNE OF SAID LOT 3. AND FURTHER MARKING THE MOST WESTERLY
CORNER OF LOT 1, BLOCK 1, TXU SUB STATION SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN CABINET T, SUDES 98 AND 99, PLAT RECORDS OF WIWAMSON COUNTY, TEXAS;
THENCE, S 18' 13' 51" E, L=AVING THE. SOUTHEASTERLY RIGHT-OF-WAY UNE OF LOUIS HENNA BOULEVARD
AND ALONG THE COMMON BOUNDARY LINE BETWEEN THIS TRACT AND SAID LOT 1, BLOCK 1, TXU SUB
STATION SUBDIVISION, A DISTANCE OF 591.04 FEET, TO A SET 34 INCH IRON ROD WITH BPI CAP LOCATED IN
THE NORTHWESTERLY LINE OF A 50.00 FEET WIDE ROAD EASEMENT AS DESCRIBED IN VOLUME 1125. PAGE
368, DEED RECORDS OF WIWAMSON COUNTY, TEXAS, SAID ROD FURTHER MARKING THE SOUTHEASTERLY
CORNER OF SAID LOT 3 AND THE SOUTHWESTERLY CORNER OF SAID LOT 1, BLOCK 1, TXU SUB STATION
SUBDIVISION; SAID ROD FURTHER BEING LOCATED: S 55' 46' 48" W, ,+2410' FROM THE NORTHEASTERLY
CORNER OF THE MEMUCAN HUNT SURVEY,• ABSTRACT NO. 314;
THENCE, ALONG THE NORTHWESTERLY LINE OF THE SAID 50.00 FEET WIDE ROAD EASEMENT, THE FOLLOWING
COURSES:
S 66' 28' 20" W, ALONG THE SOUTHEASTERLY UNE OF SAID LOT 3, A DISTANCE OF 574.69 FEET, TO A
FOUND 34 INCH IRON ROD MARKING THE SOUTHWESTERLY CORNER OF SAID LOT 3, SAME BEING THE
SOUTHEASTERLY CORNER OF SAID LOT 2;
S 66' 26' 06" W, ALONG THE SOUTHEASTERLY UNE OF SAID LOT 2, A DISTANCE OF 492.04 FEET, TO A
FOUND 34 INCH IRON ROD LOCATED IN THE NORTHEASTERLY RIGHT OF WAY UNE OF COUNTY ROAD 170;
THENCE, ALONG THE NORTHEASTERLY RIGHT OF WAY UNE OF COUNTY ROAD 170, THE FOLLOWING COURSES:
N 54' 16' 43" W, A DISTANCE OF 200.10 FEET TO A FOUND 34 INCH IRON ROD;
N 08' 43' 06" E, A DISTANCE 'OF 28.73 FEET TO A FOUND '/1 INCH IRON ROD;
NORTHWESTERLY, ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 749.00 FEET, A
CENTRAL ANGLE OF 25' 45' 08", AN ARC LENGTH OF 336.65 FEET AND A CHORD BEARING: N 39' 29'
03" W, A DISTANCE OF 333.82 FEET, TO A FOUND 34 INCH IRON ROD;
N 39' 51' 03" E, A DISTANCE OF 39.70 FEET TO A FOUND 34 INCH IRON ROD;
N 18' 07' 54" W, A DISTANCE OF 114.26 FEET TO A FOUND 34 INCH IRON ROD;
N 24' 04' 16" E, A DISTANCE OF 43.43 FEET TO THE POINT OF BEGINNING AND CONTAINING 17.662 ACRES
OF LAND, MORE OR LESS.
DATE: July 11, 2006
SUBJECT: City Manager Approval at the July 21 staff meeting
ITEM: Consider an agreement with Windermere Utility Company to
change the Wastewater Service Provider for 17.662 acres of land
located at the southeastern comer of SH 45 and CR 170 from
Windermere Utility Company to City of Round Rock.
Department: Planning Department
Staff Person:
Justification:
Bernadette Hayes / Jim Stendebach
The property owner is requesting to be released from the
Windermere Utility Company CCN service area and
consequently be served by the City of Round Rock. This
tract of land can not easily or cost effectively be served by
the Windermere Utility Company even though it is in their
CCN serviceability area. The City has the utility
infrastructure to serve this tract and is willing to
accommodate the property owner.
Funding:
Cost: None
Source of Funds: N/A
Background Information: This agreement between the property owner,
Windermere Utility Company and the City has
been negotiated and approved by the City
Utility Department.
Updated 3-10-05
CoPY
GENERAL POWER OF ATTORNEY
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BEXAR §
That Joel Katz hereby makes, constitutes, and appoints Kenneth M. Gindy as my true and
lawful Attorney -in -Fact to act on my behalf.
Any person or entity dealing with my Attorney -in -Fact may rely upon this General
Power of Attorney provided my Attorney -in -Fact has in his possession or control an
original or copy of a signed General Power of Attorney.
I authorize my Attorney -in -Fact to indemnify and hold harmless any person or entity who
accepts and acts in reliance upon the authority granted to my Attorney -in -Fact thereby as long as
the conditions in the immediately preceding paragraph are met. Any person acting as my
Attorney -in -Fact pursuant to this General Power of Attorney shall have the full power (unless
specifically prohibited under the terms of this General Power of Attorney) to do any and every
act and exercise any and every power that I might or could do or exercise through any other
person and that my Attorney -in -Fact, in his sole discretion, shall deem proper and advisable,
intending hereby to vest in my Attorney -in -Fact a full and universal power of attomey.
Additionally, my agent may:
i) Grant, bargain, sell, convey, lease, rent, encumber, hypothecate,
subdivide, partition, or adjust boundaries of my real property or any part thereof
(both surface and minerals) for such price and on such terms and conditions
deemed proper; and execute, acknowledge, and deliver in my name such deeds or
conveyances, with such covenants or conditions deemed proper, with or without
the taking back of a purchase money mortgage or deed of trust, and collect and
receive the proceeds from any such sale.
ii) Make, acknowledge, execute, and deliver oil, gas, mineral or other
natural resource leases of any real property, alone, or in conjunction with any
other person or entity, under such conditions deemed proper; and make
agreements and exercise every power incident to exploration, production or
marketing of oil, gas, minerals and other natural resources.
iii) Purchase, acquire, rent, lease, or in any other manner take legal
possession of any real property for such price and on such terms deemed proper;
execute, acknowledge, and deliver in my name such contracts, mortgages, or
other instruments in regard to such real property deemed proper; and manage,
improve, alter, repair, or develop any real property, including power to demolish
any building in whole or in part and to erect buildings, as deemed proper.
iv) Sell and enter into contracts for the sale of all or any part of my
personal property, tangible or intangible, wherever situated, with full power to
deliver possession of said personal property and execute in my name any
documents necessary to transfer title to said personal property, including bills of
sale or other documents of' title, taking any security interest for any unpaid
balance deemed proper.
v) Lease, purchase, acquire, and take possession of any personal property,
tangible or intangible, or any interest therein, on such terms and conditions
deemed proper.
vi) Sell, buy, contract to sell, or contract to buy, for cash or other
consideration, on such terms and conditions deemed desirable, to or from such
persons or entities as deemed advisable, and do any acts necessary or proper to
transfer, assign, convey, or vote (including, but not limited to, calling of meetings
of directors or shareholders or making and giving consents and ratifications), by
proxy or otherwise, all my right, title, and interests in, all or part of my stocks,
bonds, savings bonds, commodity futures, futures, options, commodity contracts,
puts, calls or other securities of any kind, wherever located and whether owned by
me or standing in my name on the books of any company or brokerage firm.
vii) Deposit in my account with any bank, broker, trust company, or
financial institution any check, moneys, bills of exchange, drafts, promissory
notes, and other securities for money payable or belonging to me; sign my name
and endorse the same for deposit or collection; from time to time withdraw any
moneys deposited in my account and draw checks or drafts in my name; open
bank accounts in my name; and pay any debts or expenses incurred by me or
incurred on my behalf by my Attorney -in -Fact pursuant to the authority given by
me.
viii) Prepare, sign and file all tax returns and pay all taxes required by law
by any jurisdiction; file claims for abatement and refund; request extensions of
time; exercise any elections in my behalf in all tax matters of all kinds and for all
periods
ix) Execute a deed of trust, designating my Attorney -in -Fact as trustee
and transfer to the trust any or all of my property, provided that the income and
principal of the trust shall be distributable to me, the guardian of my estate, or my
Attorney -in -Fact for expenditure on my behalf and the remaining principal and
unexpended income shall be distributed to my estate upon my death and further
provided the trust shall be amendable and revocable at any time by me or my
Attorney -in -Fact.
The powers herein granted to my Attorney -in -Fact shall not be construed as limited to those
matters specifically set forth.
160156
2
FURTHER, I state with regard to this General Power of Attorney as follows:
b) I authorize my Attorney -in -Fact to execute on my behalf any documents necessary or
convenient in the performance of any act, including but not limited to the following acts:
i• any document necessary to effectuate the sale of the FM 78, Ltd. Retail
Center to Midland Red Oak Realty, Inc., and
ii. any document necessary to effectuate the purchase of the Military
Market Center located on Southwest Military Drive, San Antonio,
Texas, including the execution of any documents necessary for loan
with the Wachovia Bank.
c) My Attorney -in -Fact shall not be personally liable for any act done under the authority
of this General Power of Attorney except for acts constituting gross misconduct or fraud.
d) My Attorney -in -Fact shall be reimbursed for expenses advanced upon my behalf, but
for services rendered shall not be entitled to compensation.
e) If any third party (including, but not limited to, stock transfer agents, title insurance
companies, banks, credit unions, and savings and loan associations) with whom my Attorney -in -
Fact seeks to transact as my Attorney -in -Fact refuses to recognize my Attorney -in -Fact's
authority to act on my behalf pursuant to the powers granted under this General Power of
Attorney, then my Attorney -in -Fact shall have the power to sue and recover from such third
party all resulting damages, costs, expenses and attorney's fees that are incurred because of such
failure to act. The costs, expenses, and attorney's fees shall be charged against my general assets
to the extent that they are not recovered from said third party.
f) This General Power of Attorney is will automatically revoke upon the earlier of (i)
August 5, 2006, or (ii) by the undersigned's filing with the County Clerk of Bexar County,
Texas, an instrument in writing revoking this power of attorney executed and acknowledged by
the principal.
g) Until this General Power of Attorney is revoked as set forth above, it shall continue in
force and effect.
160156
EXECUTED this 1.1 day of Tom,* , 2006.
JOEL KATZ
3
STATE OF TEXAS
COUNTY OF BEXAR
160156
The foregoing instrument was acknowledged before me on this
, 2006, by JOEL KATZ.
wti!i111uee/
1/4
' OF
, v#11 -12-201)
e1 t 201) A \\\'
/Notary Public, State of Te
4
OPPENHEIMER BLEND
HARRISON +?ATE, INC.
July 7, 2006
Mr. Jim Stendebach
Director of Planning
City of Round Rock
301 W. Bagdad, Suite 210
Round Rock, TX 78664
Re: Windermere CCN Agreement
Dear Jim:
Enclosed are three counterparts of the letter agreement regarding sewer service for the
17.662 acre tract of land and Grae Round Rock, Ltd.'s check in the amount of $16,297.69 in
payment of the agreed fee to Windermere Utility Company, Inc. for release of the 17.662 acres
from the Windermere CCN. The only changes in the enclosed letter from the prior draft
circulated for approval are the correction of the acreage and adding the definition of the word
"Property" in the first paragraph.
Please hold the enclosed documents and check in escrow for Mr. Jasura's signature and
execution by the City. When the letter agreement is fully executed please deliver the enclosed
check and one original counterpart to Mr. Jasura, one original counterpart to me, and retain the
third for your records.
Mr. Katz is out of the country and I have enclosed a copy of the General Power of
Attorney I have used to sign the enclosed letters for him.
Thank you for your assistance. If you have any questions, please call me.
Very truly yours,
Kenneth M. Gindy
KMG/jnk
Enclosures
cc: Mr. Bill Jasura
Mr. Latius Prikryl
Mr. Tom Clark
Mr. Brian Waltman
14091.082/JNK0000126V001. doc
711 NAVARRO, SIXTH FLOOR • SAN ANTONIO. TEXAS 78205
PHONE — 210.224 2000 • FAX -210.224 7540
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