CM-06-07-157Latius R. Prikryl
Telephone: (512) 476-9990
Facsimile: (512) 476-9991
E-mail: latius@lrplaw.com
LAW OFFICES OF LATIUS R. PRIKRYL
2301 South Capital of Texas Highway
Building H, Suite 102
Austin, Texas 78746
July 11, 2006
AutoZone Texas, L.P.
c/o AZ Texas Operations, L.L.C.
AutoZone Stores, Inc.
123 S. Front Street
Third Floor, Dept. 8320
Memphis, Tennessee 38103
City of Round Rock
Mr. Jm Stendebach, Director of Planning
301 W. Bagdad, Suite 210
Round Rock, Texas 78664
City of Round Rock
Mr. Tom Clark, Director of Utilities
212 Commerce Cove
Round Rock, Texas 78664
Windermere Utility Co., Inc.
Mr. Bill Jasura
2700 West Pecan Street West, Suite 430
Pflugerville, Texas 78660
MAILING ADDRESS:
P.O. Box 2143
Austin, Texas 78768-2143
Re: (1) ("AutoZone Property") Being a 0.842 acre tract of land situated in the
City of Round Rock, Williamson County, Texas and being part of that certain
138.543 acre tract of land conveyed to Villages at Warner Ranch PUD, LP, a
Delaware Limited Partnership, according to deed thereof recorded in Document
No. 199965664 of the Deed of Records of Williamson County, Texas more fully
described in ("Exhibit A") attached hereto and made a part hereof.
(2) Change of Wastewater Sewer provider for AutoZone Property in the City
of Round Rock, Williamson County, Texas and Agreement re CCN and
wastewater service.
(3) Wastewater Certificate of Convenience and Necessity ("CCN") issued by
the Texas Commission of Environmental Quality ("TCEQ") to Windermere
Utility Company, Inc. ("Windermere").
Gentlemen:
This letter memorializes our understanding and Agreement with regard to sewer or
wastewater service for 0.842 acre tract described as the AutoZone Property in the City of Round
/'I
Letter Agreement
July 11, 2006
Page 2
Rock, Williamson County, Texas, that is owned by AutoZone Texas, LP, and is described in
Exhibit A.
The AutoZone Property is in the CCN area of Windermere for wastewater or sewer
service. AutoZone Texas, LP, has requested sewer service for the AutoZone Property consisting
of one connection for a total of approximately 4 to 5 LUEs. After evaluating the availability of
sewer service for the AutoZone Property, AutoZone Texas, LP has requested sewer service be
provided by the City of Round Rock which has available capacity at a more convenient and
accessible location. Windermere has agreed to release the AutoZone Property from its CCN for
wastewater and sewer service and allow the AutoZone Property to be serviced by the City of
Round Rock which is also providing potable water to the AutoZone Property.
AutoZone Texas, LP, has agreed to pay Windermere the sum of $1,179.14 as a single,
one-time payment for the release of the AutoZone Property from the Windermere CCN and
Windermere has agreed to the payment for the release of the AutoZone Property. The City of
Round Rock has agreed to provide the sewer and wastewater service for the Property at no charge
or cost to AutoZone Texas, LP, other than the customary platting, impact and connection fees
applicable to all other land in the City of Round Rock receiving sewer or wastewater 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 wastewater service provide for the AutoZone 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.
AutoZone Texas, LP, will make the $1,179.14 payment to Windermere at the time of
Windermere'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 AutoZone Property based upon sewer
service being provided by the City of Round Rock. The parties further agree that Windermere
may defer the process of preparing and filing an application for a CCN amendment to delete or
decertify the AutoZone Property from Windermere's service area until such time as Windermere
is preparing and filing CCN amendments for other reasons, or such earlier time as the State of
Texas requires the decertification as a condition of Round Rock providing the sewer service.
AutoZone Texas, LP further reports and warrants to all the parties hereto that it is the sole
owner of the AutoZone Property, that it is authorized to enter into this Letter Agreement and the
parties executing this Letter Agreement on behalf of AutoZone Texas, LP have full and complete
authority to execute this Letter Agreement for the purposes set forth herein.
Thank you for your cooperation and assistance in resolving the matter. If this Letter
Agreement 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 and that
facsimile of signature will be concluded originals for purposes of this Letter Agreement.
Sincerely,
Latius R. Prikryl
Letter Agreement
July 11, 2006
Page 3
AGREED TO:
CITY OF ROUND ROCK
By:
By:
Q, tJ•Ltc , its Tit 1'1
, its
WINDERMERE UTILITY COMPANY, INC.
By:
ill asur ai s ice President
AUTOZONE TEXAS, LP
A Delaware Limited Partnership
By: AZ TEXAS OPERATIONS, LLC, A Nevada
Limited Liability Company, its General Partner
By: AutoZone Stores, Inc., a Nevada corporation,
its Sole Member
By:
Its:
By:
Its:
Executive Vice President
FINAL DOCUMENT:
Approved by AutoZone
Legal & Business Personnel
EXHIBIT A
Being a 0.842 acre tract of land situated in the City of Round Rock, Williamson County,
Texas and being part of that certain 138.543 acre tract of land conveyed to Villages at
Warner Ranch PUD, LP, a Delaware Limited Partnership, according to deed thereof
recorded in Document No. 199965664 of the Deed Records of Williamson County, Texas
and being more particularly described as follows:
BEGINNING at a 5/8 -inch iron rod set on the southwesterly right-of-way line of A.W.
Grimes Boulevard (County Road 170) (a variable width right-of-way), from which the
southeast corner of Lot 1, Block A of Warner Ranch Phase 1B Subdivision, on addition
to the City of Round Rock, according to plat thereof recorded in Cabinet X, Side 241 of
the Plat Records of Williamson County, Texas bears North 41 degrees 37 minutes 42
seconds West, at a distance of 301.09 feet;
THENCE, South 51 degrees 57 minutes 32 seconds East, along the said southwesterly
right-of-way line of A.W. Grimes Boulevard, a distance of 54.38 feet to a 5/8 -inch iron
rod set;
THENCE, South 51 degrees 49 minutes 18 seconds East, continuing along said
southwesterly right-of-way line, a distance of 130.62 feet to a 5/8 -inch iron rod set, from
which a 5/8 -inch iron rod found bears South 51 degrees 49 minutes 18 seconds East, at a
distance of 130.93 feet;
THENCE, South 38 degrees 05 minutes 04 seconds West, departing the said
southwesterly right-of-way line, a distance of 198.00 feet to a 5/8 -inch iron rod set;
THENCE, North 51 degrees, 51 minutes 43 seconds West, a distance of 185.00 feet to a
5/8 -inch iron rod set;
THENCE, North 38 degrees 05 minutes 04 seconds East, a distance of 198.00 feet to the
POINT OF BEGINNING;
Said property contains a computed area of 36,638 square feet or 0.841 acres of land.
The property hereon described is part of the property described in First American Title
Insurance Company, Title Commitment No. NCS-183667-HOU1, effective date August
17, 2005.
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 0.842 acres of land
located on the west side of CR 170, south of SH 45 from
Windermere Utility Company to City of Round Rock.
Department: Planning Department
Staff Person: Bernadette Hayes / Jim Stendebach
Justification: 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