HomeMy WebLinkAboutResolution - 2011-R0262 - Municipal Setting Designation For Mackenzie Park - No Potable Use Of Groundwater - 06/23/2011Resolution No. 2011-RO262
June 23, 2011
Item No. 6.2
RESOLUTION
WHEREAS, the City Council of the City of Lubbock, pursuant to Article 22.10 of
ie Code of Ordinances of the City of Lubbock, approved and established by ordinance
ie City of Lubbock's request to designate the property of the former fire training
cademy and Mackenzie Park located near Municipal Drive and North Ash Drive in
,ubbock, Texas, more particularly described as a 159.96 acre tract or parcel of land out
f and part of Sections 1, 79, and 80, Block A, Lubbock County, and even more
articularly described by metes and bounds in Exhibit A which is attached hereto and
icorporated herein as though set forth fully with a municipal settings designation;
WHEREAS, the groundwater beneath the property described in Exhibit A is
inated with certain contaminants as outlined and described in Exhibit B, which is
I hereto and incorporated herein as though set forth fully herein;
WHEREAS, the City of Lubbock has established an ordinance outlining the
-ocedure for a party seeking to designate property with a municipal settings designation
ithin the corporate limits of the City of Lubbock with a municipal settings designation
id as further provided for under §361.801 et. seq. of the Texas Health and Safety Code;
WHEREAS, the ordinance granting the City of Lubbock's request to designate
property described in Exhibit A with a municipal settings designation is attached
to as Exhibit C and incorporated herein as though set forth fully herein;
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
iterest of the public, health and safety of the citizens of the City of Lubbock for the State
f Texas to approve the City of Lubbock's application for a municipal settings
esignation for the property described in Exhibit A thus prohibiting the potable use of the
roundwater beneath the described property and restricting the non -potable use of the
roundwater beneath the described property; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT pursuant to Section 361.8065(a)(1) of the Texas Health and Safety Code
nd pursuant to Section 22.10.008 of the Code of Ordinances of the City of Lubbock, the
Ity Council deems it to be in the best interest of the public, health and safety of the
itizens of the City of Lubbock for the State of Texas to approve the City of Lubbock's
pplication for a municipal settings designation for the property described in Exhibit A
rohibiting the potable use of the groundwater beneath the described property and
-.stricting the non -potable use of the groundwater beneath the described property.
assed by the City Council this 23rd day of
June
CITY OF LUBBOCK, TEXAS
TOM MARTIN, MAYOR
Page 1 of 2
, 2011.
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
Marsha Reed, P.E.
Chief Operating Officer
Aubrey Spear,
Director of Water Resources
APPROVED AS TO FORM:
x*oa 2 � &
Laura . W. Pratt
Ass' 3fart City Attorney
AT r\Laura\Resolutions\Resolution - MSD Former Fire Training Academy
Page 2 of 2
Resolution No. 2011—RO262
EXHIBIT A
159.96 ACRES FN NO 016
MUNICIPAL SETTING DESIGNATOR TRACT OCTOBER 20, 2010
CITY OF LUBBOCK (MACKENZIE PARK) JOB NO. 10054
DESCRIPTION
OF A 159.96 ACRE TRACT OR PARCEL OF LAND OUT OF AND PART OF SECTIONS I, 79
AND 80, BLOCK "A", SITUATED IN LUBBOCK COUNTY, TEXAS, AND BEING A PORTION
OF THAT PROPERTY DESCRIBED AS TRACT 2, 445.938 ACRES OF LAND CONVEYED TO
THE CITY OF LUBBOCK , BY THAT DEED FOUND RECORDED IN VOLUME 4116, PAGE
124 OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS, A PORTION OF TRACT
"A", MUNICIPAL HILL ADDITION TO THE CITY OF LUBBOCK, A SUBDIVISION OF
RECORD IN VOLUME 17959 PAGE 282 OF THE SAID DEED RECORDS, AND A PORTION
OF THE MUNICIPAL DRIVE RIGHT-OF-WAY, A DEDICATED PUBLIC ROADWAY
(RIGHT-OF-WAY VARIES) AND THE NORTH ASH DRIVE RIGHT-OF-WAY, A
DEDICATED PUBLIC ROADWAY (RIGHT-OF-WAY VARIES), THE SAID 159.96 ACRES
ALSO BEING A PORTION OF SECTIONS 19 79 AND 80, BLOCK "A" OF THE CITY OF
LUBBOCK, LIBBOCK COUNTY, TEXAS; THE SAID 159.96 ACRES INTENDED TO BE
UTILIZED AS A MUNICIPAL SETTING DESIGNATOR (MSD) TRACT AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a % inch iron rod with a plastic surveyor's cap (Hugo Reed Associates) found for the
most easterly, northeast corner of the above mentioned Tract 2, 445.938 acre tract conveyed to the City of
Lubbock, same being an interior ell comer in the west line of that tract described as Tract 1, 179.072
acres, in that deed to C. S. Investments, in that deed found recorded in Volume 7177, at Page 99 of the
Official Public Records of Lubbock County, Texas;
THENCE, going along the east line of the said Tract 2, 445.938 acre City of Lubbock tract, same being
the west line of the said Tract 1, C. S. Investments tract, the following four
(4) courses and distances:
1) S03°4513111W, a distance of 963.33 feet to a % inch iron rod with a surveyors cap (Hugo Reed
Associates), found for the point of curvature of a non -tangent curve to the lel}; the radius point of
said curve to the left bears S86011'33"E, a distance of 1121.18;
2) along the arc of the said curve to the left, having a radius of 1121.18 feet, through a central angle
of 15°20149", a chord distance of 299.41 feet (chord bears S03°5115811E), an arc distance of
300.31 feet to a '/z inch iron rod with a surveyors cap (Hugo Reed Associates) found for the point
of tangency;
3) S03°45150"W, a distance of 281.18 feet to a %2 inch iron rod with a surveyors cap (Hugo Reed
Associates), found for an angle point of the tract described herein; and,
4) S05°32142"E, a distance of 440.14 feet to a'/a inch iron rod with a surveyors cap (Hugo Reed
Associates), found at a fence corner for the southeast comer of the tract described herein;
THENCE, leaving the east line of, and going over, across and through the said Tract 2, 445.938 acre
tract, the following thirteen (13) courses and distances:
1) S74034'33"W, a distance of 1322.31 feet to an 80D -Nail set near the top of a small bluff, and
near a cart path within a Golf Course for an angle point of the tract described herein;
FN -016
159.96 ACRES
PAGE TWO
2) S37°17'29"W, a distance of 477.81 feet to an 80D -Nail set at the base of an angle post in a chain
link fence around a Golf Course for an angle point of the tract described herein;
3) S46°3212811W, a distance of 295.33 feet to an 80D Nail set at the base of an angle post in a chain
link fence around a Golf Course for an angle point of the tract described herein;
4) S65°45158"W, a distance of 336.55 feet to Mag -Nail in concrete set at the base of an angle post
in a chain link fence around a Golf Course for the southern most cornerof the tract described
herein;
5) N35023116"W, a distance of 129.62 feet to Cotton Gin Spindle set at the base of an angle post in
a chain link fence around a Golf Course for an angle point of the tract described herein;
6) NO3°04'04"E, a distance of 514.13 feet to an 80D -Nail set in a chain link fence around a Golf
Course for an interior ell corner of the tract described herein;
7) N88°06134"W, leaving the fence line around the Golf Course and continuing over, across and
through the said Mackenzie Park, a distance of 395.05 feet to an 80D Nail set at the base of an
angle post in a chain link fence around a softball field for an angle point of the tract described
herein;
8) S68°04'45"W, a distance of 268.22 feet to an 80D -Nail set at the back of a concrete curb on the
northeasterly line of the Caesar Chavez access road to Mackenzie Park off of Municipal Drive,
and the northwesterly side of an intersection with an interior park road, said point being an angle
point of the tract described herein, and a point of non -tangency with a curve to the right; the
radius point of said curve to the right bears N08"03'3 1"E, a distance of 87.25 feet;
9) going along the back of curb on the northeasterly line of the said Park access road, along the are
of the said curve to the right, having a radius of 87.25 feet, through a central angle of 38°5814611,
a chord distance of 58.22 feet (chord bears N62°27106"W), an arc distance of 59.36 feet to a
calculated point for the point of tangency;
10) continuing along the back of curb, N57°23140"W, a distance of 18.59 feet to a calculated point
for the point of curvature of a curve to the left; the radius point of said curve to the left bears
S30° 18'23"W, a distance of 651.41 feet;
11) continuing along the back of curb on the northeasterly line of the said Park access road, along the
arc of the said curve to the left, having a radius of 651.41 feet, through a central angle of
11031131", a chord distance of 130.81 feet (chord bears N65°27123"W), an arc distance of
131.03 feet to a calculated point for the point of tangency;
12) continuing along the back of curb, N75°05142"W, a distance of 26.46 feet to a calculated point
for the point of curvature of a curve to the right; the radius point of said curve to the right bears
N19°58'23"E, a distance of 235.06 feet; and,
FN -016
159.96 ACRES
PAGE THREE
13) continuing along the back of curb on the northeasterly line of the said Park access road, along the
are of the said curve to the right, having a radius of 235.06 feet, through a central angle of
4205614911, a chord distance of 172.10 feet (chord bears N48°33112"W), an are distance of
176.20 feet to a calculated point for the point of intersection with the south line of that tract
described as 2.55 acres in that deed to the Texas Department of Transportation (TxDot), of record
in Volume 284, Page 03 of the said Deed Records of Lubbock County, Texas, same being the
most northerly, northwest line of the said City of Lubbock, Tract 2, 445.938 acre tract, and being
in or near the southeasterly right-of-way line of Municipal Drive, a dedicated public roadway
(right-of-way varies —100 foot wide at this point as per instrument of record in Volume 192, Page
524 of the said Deed Records), said point being an exterior ell corner of the tract described
herein, and a point of non -tangency and reverse curvature with a curve to the left; the radius point
of said curve to the left bears N31 ° 19' 55"W, a distance of 1004.31 feet;
THENCE, leaving the back of curb on the northeasterly line of the said Park access road, going along the
south line of the TxDot 2.55 acre tract, along the southeasterly right-of-way line of the said Municipal
Drive, along the arc of the said curve to the left, having a radius of 1004.31 feet, through a central angle
of 07°1410611, a chord distance of 126.73 feet (chord bears N55°03102"E), an arc distance of 126.82 feet
to a %z inch iron rod with a plastic surveyors cap (Wilson Surveying) found for the southeast corner of the
said TxDot 2.55 acre tract, same being an interior ell corner of the tract described herein;
THENCE, N19046105"W, leaving the northwest line of the said City of Lubbock, Tract 2, 445.938 acre
tract, going across the said Municipal Drive right-of-way, going along the northeasterly line of the said
TxDot 2.55 acre tract, passing at a distance of 106.35 feet, the northwest right-of-way line of said
Municipal Drive, same being the southerly line of that tract described as Tract "A" in a subdivision plat of
record for Municipal Hill Addition to the City of Lubbock, Lubbock County, Texas, a subdivision of
record in Volume 1795, Page 282 of the said Deed Records of Lubbock County, Texas, continuing along
a common line between the said TxDot tract and the said Tract "A" for a total distance of 469.91 feet to
an eight inch steel corner fence post found for the northeast corner of the said TxDot 2.55 acre tract, same
being an interior ell corner of the said Tract "A" and an angle point of the tract described herein;
THENCE, N10003'12"E, going across the said Tract "A", a distance of 352.32 feet to an 80D -Nail at the
base of a chain link fence post set for an angle point of the tract described herein;
THENCE, N13055100"W, continuing across the said Tract "A", along or near the east edge of a caliche
lot area of a City of Lubbock maintenance yard which runs along the top of a bluff, a distance of 915.00
feet to a calculated point of intersection with a chain link fence which runs along or near the southerly
right-of-way of the Panhandle and Santa Fe Railroad, same being the northerly line of the said Tract "A",
said point being the northwest corner of the tract described herein;
THENCE, N6605894491E, going along the said fence, along or near the south right-of-way of the
Railroad, same being the northerly line of the said Tract "A", a distance of 1122.56 feet to a calculated
point of intersection with the curving, westerly edge of concrete, of the concrete and asphalt roadway of
North Ash Drive, a dedicated public roadway (100' right-of-way), said point being a northeasterly and
exterior ell corner of the tract described herein, and a point of non -tangency with a curve to the right; the
radius point of said curve to the right bears S63°43'36"W, a distance of 978.29 feet;
FN -016
159.96 ACRES
PAGE FOUR
THENCE, leaving the south right-of-way line of said Panhandle and Santa Fe Railroad, going along the
westerly edge of the concrete and asphalt roadway of North Ash Drive, along the are of the said curve to
the right, having a radius of 978.29 feet, through a central angle of 46°57131", a chord distance of 779.54
feet (chord bears S02°47139"E), an are distance of 801.79 feet to a calculated point of intersection with
the northerly line of the above referenced City of Lubbock Tract 2, 445.938 acres, same being the
intersection of the pavement of Municipal Drive, for an interior ell corner of the tract described herein,
said point also being a point of curvature with a non -tangent curve to the left; the radius point of said
curve to the left bears N40°32'36"W, a distance of 1005.14 feet;
THENCE, leaving the pavement of North Ash Drive, going along the north line of the said City of
Lubbock Tract 2, 445.938 acres, same being along or near the south right-of-way line of said Municipal
Drive, the following four (4) courses and distances:
1) along the are of the said curve to the left, having a radius of 1005.14 feet, through a central angle
of 07°22127", a chord distance of 129.27 feet (chord bears N45°46110"E), an arc distance of
129.36 feet to a '/2 inch iron rod with a surveyors cap (Hugo Reed Associates) found for the point
of tangency;
2) N42°04157"E, a distance of 1219.31 feet to a'/z inch iron rod with a surveyors cap (Hugo
Reed Associates), found for an angle point of the tract described herein;
3) N48°22126"E, a distance of 175.65 feet to a Y2 inch iron rod with a surveyors cap (Hugo Reed
Associates), found for an angle point of the tract described herein; and,
4) N54020'06"E, a distance of 165.78 feet to a'/z inch iron rod with a surveyors cap (Hugo Reed
Associates), found next to a steel post fence corner for the most northerly corner of the tract
described herein, and the northeast corner of a chain link fence around a municipal golf course;
THENCE, leaving the southerly line of Municipal Drive, continuing along the northerly line of the said
City of Lubbock Tract 2, 445.938 acres, and along the chain link fence around the said municipal golf
course, the following two (2) courses and distances:
1) S2004012211E, a distance of 784.96 feet to a one inch iron rod next to a steel post fence comer
found for an interior ell corner of the tract described herein; and,
2) N88003'01"E, a distance of 123.02 feet to a'/2 inch iron rod with a surveyors cap (Hugo Reed
Associates), found for an interior ell corner of the tract described herein;
THENCE, leaving the fence line around the said golf course, continuing along the northerly line of the
said City of Lubbock Tract 2, 445.938 acres, the following two (2) courses and distances:
1 } N29°11158"E, a distance of 554.35 feet to a'/2 inch iron rod with a surveyors cap (Hugo Reed
Associates), found near the center of an alley in Block 8 of Meadowbrook Villa, a subdivision of
record in Volume 207, Page 159 of the above referenced Deed Records of Lubbock County,
Texas, for an exterior ell corner of the tract described herein; and,
FN -016
159.96 ACRES
PAGE FIVE
2) S81°30117"E, a distance of 437.35 feet to the POINT OF BEGINNING, containing 159.96
Acres of land area, more or less, within these metes and bounds. The basis of bearing being post -
processed Static GPS observations; i.e. Geodetic, or True -North. A drawing has been prepared in
connection with these fieldnotes, it is identified as AMD Engineering drawing No. 10054 MACKENZIE
PARK MSD BNDRY.DWG.
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS §
COUNTY OF LUBBOCK §
THAT I, LYNN R. SAVORY, 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 DIRECTION AND
SUPERVISION.
WITNESS MY HAND AND SEAL AT LUBBOCK, LUBBOCK COUNTY, TEXAS THIS 26thDAY
OF OCTOBER, 2010
Y
L R. SAV R, .P.L.
STA -TE OF TEXAS NO. 4549'
AMD ENGINEERING, LLC
2807 70 Street; Suite 8
Lubbock, TX 79423
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Resolution No. 2011—RO262
EXHIBIT B
Contaminant Summary
Former Fire Training Academy (FTA) — Lubbock, Texas
The data show that the groundwater at the proposed MSD is contaminated with the following
classes of chemicals greater than federal drinking water Maximum Contamination Levels
(MCLs), or the Texas Protective Concentration Levels (PCLs):
• Volatile Organic Compounds (VOCs)
• Metals
The following table indicates the highest concentrations greater than the MCLs or PCLs from the
most recent sampling events.
Current Contaminant Summary — Highest Concentrations above Regulatory Limits
Contaminant
CAS #
Class
MCL
(mg/L)
PCL
(mg/L)
Concentration
(mg/L)
Location
Sample
Date
Benzene
71-43-2
voc
0.005
0.005
0.107
MW -2
8/21/2006
1,2-Dibromoethane (EDB)
106-93-4
voc
0.00005
0.00005
0.00007
MW -9
8/23/2006
Chlorobenzene
108-90-7
voc
0.10
0.10
0.572
MW -9
4/17/2006
1,4 -Dichlorobenzene (para)
103-46-7
voc
0.075
0.075
0.282
MW -9
4/17/2006
1,2,3-Trichlorobenzene
87-61-6
voc
a
0.073
0.0812
MW -22
8/22/2006
1,2,4-Trichlorobenzene
120-82-1
voc
0.07
0.07
0.720
MW -22
8/222006
Total Arsenic
7440-38-2
Metals
0.01
0.01
0.0860
MW -13
11/13/2008
a = no MCL has been established for this specitic contaminant
Resolution No. 2011-RO262
EXHIBIT C
Ordinance Granting MSD
Former Fire Training Academy (FTA) - Lubbock, Texas
ORDINANCE NO.
AN ORDINANCE PROHIBITING THE POTABLE USE OF DESIGNATED
GROUNDWATER AND RESTRICTING THE NON -POTABLE USE OF
GROUNDWATER FROM BENEATH THE PROPERTY OF THE FORMER FIRE
TRAINING ACADEMY AND MACKENZIE PARK LOCATED NEAR MUNICIPAL
DRIVE AND NORTH ASH DRIVE IN LUBBOCK, TEXAS, MORE PARTICULARLY
DESCRIBED AS A 159.96 ACRE TRACT OR PARCEL OF LAND OUT OF AND PART
OF SECTIONS 1, 792 AND 80, BLOCK A, LUBBOCK COUNTY, TEXAS; PROVIDING
FOR A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION.
WHEREAS, pursuant to Article 22.10 of the Code of Ordinances of the City of
Lubbock, the City of Lubbock has requested to designate the property of the former fire
training academy and Mackenzie Park located near Municipal Drive and North Ash Drive in
Lubbock, Texas, more particularly described as a 159.96 acre tract or parcel of land out of
and part of Sections 1, 79, and 80, Block A, Lubbock County, and even more particularly
described by metes and bounds in Exhibit A which is attached hereto and incorporated herein
as though set forth fully with a municipal settings designation;
WHEREAS, the groundwater beneath the property described in Exhibit A is
contaminated with certain contaminants as outlined and described in Exhibit B, which is
attached hereto and incorporated herein as though set forth fully herein;
WHEREAS, the use of municipal setting designations within the corporate limits of
the City of Lubbock and its extraterritorial jurisdiction allows for a state -evaluated corrective
action process for groundwater that is directed toward protection of human health and the
environment balanced with the economic welfare of the citizens of the City;
WHEREAS, where public drinking water is available, the potable use of groundwater
in designated areas should be prohibited to protect public health, safety, and welfare when
the quality of the groundwater presents an actual or potential threat to human health;
WHEREAS, pursuant to Section 22.10.005 of the Code of Ordinances of the City of
Lubbock, City of Lubbock staff has reviewed the application that was filed with the City
Secretary;
WHEREAS, pursuant to Sections 22.10.006 and 22.10.007 of the Code of Ordinances
of the City of Lubbock, the Director of Water Utilities has determined that the application by
the City of Lubbock is complete, scheduled a public hearing and caused the publication of
same, and caused the erection of one sign on the property stating that a municipal settings
designation has been requested along with appropriate contact information;
WHEREAS, pursuant to Section 22.10.008 of the Code of Ordinances of the City of
Lubbock, a public hearing was held whereby the public was allowed an opportunity to
provide input to help determine whether a municipal settings designation would be
appropriate for the property described in Exhibit A and whether using groundwater for
potable use within the municipal settings designation be prohibited and whether the non -
potable use of the groundwater should be restricted; and
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interest of the public, health and safety of the citizens of the City of Lubbock to approve the
application for a municipal settings designation for the property described in Exhibit A thus
prohibiting the potable use of the groundwater beneath the described property and restricting
the non -potable use of the groundwater beneath the described property; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: THAT the property of the former fire training academy and Mackenzie
Park located near Municipal Drive and North Ash Drive in Lubbock, Texas, more
particularly described as a 159.96 acre tract or parcel of land out of and part of Sections 1,
79, and 80, Block A, Lubbock County, and being more particularly described by metes and
bounds description in Exhibit A which is attached hereto and incorporated herein as though
set forth fully herein be granted a municipal settings designation.
SECTION 2: THAT the potable use of the groundwater beneath the property
described in Exhibit A is strictly prohibited.
SECTION 3: THAT the non -potable use of the groundwater beneath the property
described in Exhibit A is restricted to non -potable purposes including sampling and
remediation and other non -potable uses not identified herein but agreed to by the City by and
through the Director of Water Utilities or the Director's designee.
SECTION 4: THAT any person who knowingly violates any provision of this
ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine
up to the maximum amount allowed by state law.
SECTION 5: THAT the City Council finds and declares that sufficient written notice
of the date, hour, place, and subject of this meeting of the Council was posted at a designated
place convenient to the public at the City Hall for the time required by law preceding this
meeting, that such place of posting was readily accessible at all times to the general public,
and that all of the foregoing was done as required by law at all times during which this
Ordinance and the subject matter thereof has been discussed, considered, and formally acted
upon. The City Council further ratifies, approves, and confirms such written notice and the
contents of posting thereof.
SECTION 6: THAT should any paragraph, sentence, clause, phrase, or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION 7: THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption of this Ordinance as an alternative method of
publication provided by law.
AND IT IS SO ORDERED
Passed by the City Council on first reading this 2011. Passed by
the City Council on second reading this 2011.
TOM MARTIN, MAYOR
ATTEST:
Rebecca Garza, City Secretary
AS TO
Aubrey Spear. Jr
Director of W r Resources
APPROVED AS
W. Pratt, Assistaht City
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