HomeMy WebLinkAboutResolution - 5328 - Notice - TNRCC - Petroleum Contaminated Site - 11_07_1996RESOLUTION NO.5328
Item #7
November 7, 1996
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Notice attached hereto is hereby authorized to be recorded in
the Official Real Property Records of the County Clerk of Lubbock County, Texas, to give the
public notice of the contents of said Notice.
SECTION 2. THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock a Notice as required by the
Texas Natural Resources Conservation Commission, related to a petroleum contaminated site,
attached herewith, which shall be spread upon the minutes of the Council as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein
in detail.
Passed by the City Council this 7th day of November , 1996.
ATTEST:
/"--1 2 " W
kayti6barniii, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
a
I3`onald G. Vandiver, First Assistant
City Attorney
DGV:gs/cc.docs/NatResC.res
October 3, 1996
ALEX `TY COOKE
MAYOR AZO TEMPORE
RESOLUTION NO. 5328
Item #7
November 7, 1996
STATE OF TEXAS §
LUBBOCK COUNTY §
NOTICE OF PETROLEUM PRODUCT CONTANIINATED SITE
(for Commercial/Industrial Properties)
KNOW ALL MEN BY THESE PRESENTS THAT:
Pursuant to the rules and/or requirements of the Texas Natural Resource Conservation
Commission ("TNRCC"), this document is hereby filed in the Deed Records of Lubbock
County, Texas, in compliance with the said requirements of the TNRCC:
This notice pertains to the tract of land (hereinafter, the "Property") described within
Exhibit "A" attached hereto and incorporated herein as if set forth at length. The Property
is located at 3501 Elder Street, in Lubbock, Lubbock County), Texas. The Property is the
former location of a storage tank system that leaked and released Petroleum Products into
the soil. Residual subsurface contamination remains at the Property. Notwithstanding such
residual contamination, the TNRCC has determined that no additional remediation of the
Property is required as of the date of this filing, subject to the provisions of Paragraph II
below regarding the use of the Property.
0
Without limitation of any other permissible uses, use of the Property for commercial or
industrial use is not prohibited or restricted by the TNRCC. However, notwithstanding the
foregoing, should a planned use of the Property result in chronic exposure by persons at
the Property to such residual subsurface contamination, then the owner of the Property at
that time must provide notice to the TNRCC at least 120 days prior to commencing such
planned land use. Such change in land use or a change in site conditions involving
excavation or disturbance of Petroleum Product affected soil or groundwater may require
additional remediation of the contamination located on this Property, if and to the extent
required by, and in accordance with, then applicable laws, rules and regulations. Persons
who will be conducting subsurface construction activities such as, but not in way of
limitation, the excavation of soils, installation or repair of subsurface utilities, installation
of foundation piers, groundwater extraction, or other such activity may encounter the
soils, soil vapors, or groundwater which have been affected by the release. The owner of
the Property at the time of any future subsurface construction activities must comply with
all environmental, worker protection and other laws, rules and regulations then applicable.
As a condition of institutional control, no potable water supply well shall be placed upon
the property by the present or any future owner.
The current owner of the Property and/or any facility thereon is the City of Lubbock,
Texas, whose address is P.O. Box 2000, Lubbock, Texas 79457, where more specific
information may be obtained from the agents or assigns thereof.
IV
This deed notice is not a representation or warranty by the TNRCC as to the suitability of
the Property described within Exhibit A for any particular use or purpose, nor does it
constitute any guarantee by the TNRCC that additional remediation will not be required in
the future at the Property. Further information concerning this matter may be found in the
TNRCC Underground Storage Tank Notice of Registration No. 67787 file and
Leaking Petroleum Storage Tank ("LPST") No. 96935 file, which are available for
inspection upon request at the office of the TNRCC in Austin, Texas.
EXECUTED this the 7th day of November , 19 96
(Landowner or 4LutVori4ed q*sentative)
By:
ALEX "TY" C KE, MAYOR PRO TEMPORE
*s*st
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on 19g6 , by Alex "Ty"
Cooke, Mayor Pro Tempore, City of Lubbock, Texas.
KATHERINE EGGER
Notary Pabft, State of Teas
MY Commission EWm 10-H7
to • (o • q1
"trnaa&aT&c
Sc$=b-er 20.1996
Notary Public in an or the State of Texas
Katherine Egger
Typed or Printed Name of Notary
Aft of Block Eighteen (18), Phyllis Wheatley Subdivision, an
Addition to the City of Lubbock, Lubbock County, Texas,
including all of the former North -South alley in said Block
Eighteen (18), Phyllis Wheatley Subdivision, lying between 35th
and 36th Streets in the City of Lubbock, Lubbock County, Texas,
according to the map or plat thereof recorded in the office of the
County Clerk of Lubbock County, Texas.
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