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HomeMy WebLinkAboutResolution - 2006-R0446 - Resolution Accepting The Conveyance From The United States Air Force - 09_28_2006Resolution No. 2006-R0446 September 28, 2006 Item No. 5.3 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to accept a conveyance from the United States Air Force of that real property described in Exhibit A, attached hereto, and commonly known as a portion of the "Fomer Reese Air Force Base" and which is currently utilized by the City of Lubbock as its Police Academy. Further, that the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute a Conveyancing Document and all related documents. Said Conveyancing Document is attached hereto as Exhibit B and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 28th ATTEST: Reb cca C*za, City Secretary �d:Chi,,WTolice PP Q� Amy L. 5ifns Attorney docs/US Airforce.res 18/06 day of September , 2006. f� DAVID A. MILLER, MAYOR FILE AND RETURN TO ED BUCY R-04 DEED WITHOUT WARRANTY THE STATE OF TEXAS § COUNTY OF LUBBOCK § I. PARTIES Resolution No. 2006-RO446 KNOW ALL MEN BY THESE PRESENTS THIS DEED is made and entered into this ��day of , 2006, by and between THE UNITED STATES OF AMERICA, acting by and thro gh its Secretary of the Air Force, under and pursuant to the powers and authority contained in the Defense Base Closure and Realignment Act of 1990, as amended (10 U.S.C. § 2687 note), and delegations and regulations promulgated there under (the "Grantor"), and the City of Lubbock a Home Rule City organized pursuant to Article XI, Section 5 of the Texas Constitution existing under the laws of the State of Texas (the "Grantee"). (Unless the context otherwise specifically provides, when used in this Deed, "Grantor" includes the assigns of the Grantor, and "Air Force" includes any successor entity to the Department of the Air Force or any successor to the Secretary of the Air Force, and "Grantee" includes the successors and assigns of the Grantee.) II. CONSIDERATION AND CONVEYANCE KNOW ALL MEN BY THESE PRESENTS, that the Grantor, 1700 North Moore Street, Suite 2300, Arlington, Virginia 22209, County of Arlington, Commonwealth of Virginia, in consideration of the sum of TEN AND NO ONE -HUNDREDTHS DOLLARS ($10.00) to the Grantor in hand paid by the Grantee, the receipt of which is hereby acknowledged, has conveyed without express or implied warranty, and excluding all warranties that might arise by common law and the warranties under Section 5.023 of the Texas Property Code (or its successor), and by these presents does grant, sell, and convey, to the Grantee, 1625 131h Street, Lubbock, Texas 79457, County of Lubbock, State of Texas, all of the following described real property located on the former Reese Air Force Base situated in Lubbock County, Texas, as set forth on Exhibit A to this Deed, known as Parcel D, containing 1.36 acres, more or less. III. APPURTENANCES AND HABENDUM A. TOGETHER WITH all the buildings and improvements erected thereon, except for monitoring wells, treatment wells, and treatment facilities and related piping, if any, and all and singular the tenements, hereditaments, appurtenances, and improvements hereunto belonging, or in any wise appertaining (which, together with the real property above described, is called the "Property" in this Deed). B. TO HAVE AND TO HOLD the Property unto the Grantee, forever. N d V) rn City of Lubbock Deed fro 1.36 acre more or less IV. EXCEPTIONS None. V. RESERVATIONS A. RESERVING UNTO THE LUBBOCK REESE REDEVELOPMENT AUTHORITY (LRRA) the right ingress and egress upon the Easement Area as depicted at Exhibit B to survey, construct, repair, remove, install replace, reconstruct, inspect, improve, expand, and maintain existing and future Utility systems to include; Electrical System, Natural Gas Distribution System, Sanitary Sewer System, Storm Water Sewer System and Telephone System. The LRRA or System owner may utilize existing Systems Facilities and appurtenances thereto, in, over, and through a fence or enclosed area or existing building to facilitate the proper and efficient uses of the Systems. The Easement Area will extend fifteen (15) feet on either side of the centerline, on, under, and above ground of the Systems Facilities as installed as shown. The LRRA or Systems Owner reserves the right to cut, remove trim, or otherwise control all trees, brush, and other growth on or overhanging the Easement Area, provided that whenever work is accomplished which requires disturbance or removal of any surface, the LRRA or Systems Owner will promptly restore the surface to substantially the same condition, with the same or similar materials, as existed immediately prior to such removal. B. FURTHER RESERVING TO THE LRRA OR SYSTEMS OWNERS the right to enter the Easement Area for any non -conflicting use and the right to grant one or more additional easements for the purpose of providing access to the transferee of a transferred utility system. Additional grant or grants may include areas of real property that coincide with or transect portions of the Easement Area, as now or hereafter defined, provided, however as to any other easement holder, the LRRA or Systems Owner will have the superior right to the use of its Easement Area. The LRRA or Systems Owners will work in cooperation with the other easement holders to resolve any conflicts. C. AND RESERVING UNTO THE GRANTOR, including the United States Environmental Protection Agency (the "EPA") and the State of Texas (the "State"), and its and their respective officials, agents, employees, and contractors, the right of access to the Property (including the right of ingress and egress to the property, and use of, utilities at reasonable cost to the Grantor), for the following purposes, either on property or adjoining land and for such other purposes as are necessary to ensure that and, a response or corrective action found to be necessary, either on the Property or on adjoining lands after the date of transfer by this Deed can be conducted. 1. To conduct investigations and surveys, including, where necessary, drilling, soil and water sampling, testpitting, testing soil borings, injection of reagents and or treated groundwater and other activities related to any such response or corrective action. City of Lubbock Deed fro 1.36 acre more or less 2 2. To inspect field activities of the Grantor and its contractors and subcontractors in implementing any such response or corrective action. 3. To conduct any test, survey or investigation required by the EPA or the State relating to any such response or corrective action or to verify any data submitted to the EPA or the State by the Grantor relating to such actions. 4. To conduct, operate, maintain, or undertake any other response, corrective, or remedial action as required or necessary under applicable law or regulation, or the covenant of the Grantor in Section VII.A. of this deed but not limited to, the installation, closing or removal of monitoring wells, pumping wells, injection wells and treatment facilities that will be owned or operated by the Grantor and its officials, agents, employees, contractors, and subcontractors. 5. To monitor any environmental restrictive use covenants in this Deed and the effectiveness of any other land use or institutional control established by the Air Force on the Property, either by itself, by its contractor, by any public entity, including the State, or by a private entity registered in the State to monitor environmental covenants. VI. CONDITIONS A. The Grantee agrees to accept conveyance of the Property subject to all covenants, conditions, restrictions, easements, rights -of -way, reservations, rights, agreements, and encumbrances, whether or not of record in the office of the County Clerk of Lubbock County, Texas, and affecting the Property. B. The Grantee acknowledges that it has inspected, is aware of, and accepts the condition and state of repair of the Property, and that the Property is conveyed, "as is," "where is," without any representation, promise, agreement, or warranty on the part of the Grantor regarding such condition and state of repair, or regarding the making of any alterations, improvements, repairs, or additions. The Grantee further acknowledges that the Grantor shall not be liable for any latent or patent defects in the Property, except to the extent required by applicable law. VII. NOTICES AND COVENANTS RELATED TO SECTION 120(h)(3) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCLA), AS AMENDED, (42 U.S.C. §9620(h)(3)) A. Pursuant to section 120(h)(3)(A)(i) of CERCLA, the following is notice of hazardous substances on the Property, and a description of remedial action concerning the Property. 1. The Grantor has made a complete search of its files and records. Exhibit C contains a table with the name of hazardous substances stored for one year or more and the quantity in kilograms and pounds of the hazardous substances stored for one year or more. Exhibit C also contains a table with the name of hazardous substances known to have been City of Lubbock Deed fro 1.36 acre more or less 3 released or disposed of, on the Property, and the date(s), if known, on which such storage, release, or disposal took place. 2. A description of the remedial action(s) taken by the Grantor on the Property regarding hazardous substances is contained in Exhibit C. 3. Pursuant to section 120(h)(3)(A)(ii) of CERCLA, the United States covenants and warrants: (a) that all remedial action necessary to protect human health and the environment with respect to hazardous substances remaining on the Property has been taken before the date of this Deed; and (b) any additional remedial action found to be necessary after the date of this Deed for contamination on the Property existing prior to the date of this Deed will be conducted by the United States. The foregoing warranty will not apply in any case in which any grantee of the Property, or any part thereof, is a potentially responsible party with respect to the Property before the date on which any grantee acquired an interest in the Property, or is a potentially responsible party as a result of an act or omission affecting the Property. For the purposes of the foregoing warranty, the phrase "remedial action necessary" does not include any performance by the Grantor, or payment to the Grantee from the Grantor, for additional remedial action that is required to facilitate use of the Property for uses and activities prohibited by those environmental use restrictive covenants set forth in Section VII.B. below, as may be modified or released pursuant to Section VII.C. 4. The Grantor has reserved access to the Property in the Reservation section of this deed in order to perform any remedial or corrective action as required by CERCLA section 120(h)(3)(A)(ii). NOTICE B. Environmental Use Restrictive Covenants: 1. For purposes of the environmental use restrictive covenants in this section, the term "Property" includes any part of the Property specifically described and depicted in Exhibit A to this Deed to which one or more of these restrictive covenants may apply. 2. The following restrictive use covenant(s) in this section is (are) being created to protect human health and the environment against residual contaminant(s) as a component of the remedial action taken in Section VII. A.2. above: City of Lubbock Deed fro 1.36 acre more or less 4 a. The Grantee is prohibited from any activities or reuse of the Property that will disrupt required remedial investigation, response actions, or oversight activities. Further, the Grantee is prohibited from disturbing, moving, damaging, marring, tampering with, interfering with, obstructing or impeding any remediation wells, treatment facilities, piping and other facilities associated with the environmental cleanup activities on the Property. b. The Grantee is prohibited from any activity or reuse of the Property underlain by the "Tower Area Plume" shown on Exhibit D that could interfere with the surface completion or with the integrity of the ground water pump and treatment system and/or the enhanced groundwater treatment system, including the piping, equipment, wells, treatment facilities and injection elements of the treatment process. c. The Grantee is prohibited from subsurface drilling and extraction of groundwater that could result in exposure to contaminated groundwater. d. The Grantee is prohibited from excavation or removal of soil from the restricted area on the Property shown on Exhibit E that could result in unacceptable exposure to contaminated soil and from the relocation of contaminated soil from restricted areas outside the boundary of restricted areas unless the soil is being removed from the site in order to dispose of it in accordance with applicable State and Federal Laws. The Grantee will submit to Grantor for review and approval any plans for construction, improvements or alterations before proceeding with those activities within the specific restricted area as shown on Exhibit E. e. The Grantee is prohibited from conducting any activities that would interfere with the surface completion or integrity of monitoring wells, pumping wells and injection wells and their piping systems. Additional wells or treatment facilities may be needed on the Property in the future as part of the ongoing groundwater remediation. 3. It is the intent of the Grantor and the Grantee that the Environmental Use Restrictive Covenant(s) in this section bind the Grantee and shall ran with the land. It is also the intent of the Grantor and the Grantee that the Grantor will retain the right to enforce any restrictive covenant in this section through the chain of title, in addition to any State law that requires the State to enforce any restrictive covenant in this section. The Grantee covenants to insert all of this SectionVII in any deed to the Property that it delivers to a subsequent grantee. C. Release of Environmental Use Restrictive Covenant(s). 1. The Grantee may request from the Grantor a modification or release of one or more of the environmental use restrictive covenant(s) in whole or in part in this section, subject to the notification and concurrence or approval of TCEQ and USEPA Region VI. In the event the request of the Grantee for modification or release is approved by the Grantor, TCEQ and USEPA Region 6, the Grantor agrees to modify or release the covenant (the "Covenant Release") giving rise to such environmental use restriction in whole or in part. The Grantee understands and agrees that all costs associated with any such modifications or release shall be the sole responsibility of the Grantee without any cost whatsever to the Grantor. The execution City of Lubbock Deed fro 1.36 acre more or less 5 of the Covenant Release by the Grantor shall modify or release the environmental use restrictive covenant with respect to the Property in the Covenant Release. 2. In the event that an environmental use restrictive covenant contained in this section is no longer necessary, the Grantor may, on its own initiative, record any appropriate document modifying or removing such use restrictions, as appropriate. VIII. OTHER COVENANTS A. Asbestos -Containing Materials ("ACM"). The Grantee is warned that the Property may contain current and former improvements, such as buildings, facilities, equipment, and pipelines, above and below the ground that may contain ACM. The asbestos survey conducted in 1995 under contract to the Air Force indicated that Building 76 contains ACM, including wall and ceiling sheetrock, vinyl composite floor tiles, and asphalt and gravel roof. No damaged ACM was noted during the visual site inspections conducted in 2006. The Grantee covenants and agrees that in its use and occupancy of the Property, it will comply with all applicable Federal, State, and local laws relating to asbestos. The Grantee is cautioned to use due care during property development activities that may uncover pipelines or other buried ACM. The Grantee covenants and agrees that it will notify the Grantor promptly of any potentially friable ACM that constitutes a release under the federal Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. §§ 9601-9675). The Grantor's responsibility under this deed for friable ACM is limited to friable ACM in demolition debris associated with past Air Force activities and is limited to the actions, if any, to be taken in accordance with the covenant contained in Section VII. A. of this Deed. The Grantee is warned that the Grantor will not be responsible for removing or responding to ACM in or on utility pipelines. The Grantee is further warned that the Grantor will not be responsible for removing or responding to ACM in or on soils and debris associated with the previous demolition of buildings and structures containing ACM performed by the Grantee. The Grantee acknowledges that the Grantor assumes no liability for property damages or damages for personal injury, illness, disability, or death to the Grantee, or to any other person, including members of the general public, arising from or incident to the purchase, transportation, removal, handling, use, disposition, or other activity causing or leading to contact of any kind whatsoever with asbestos on the Property, whether the Grantee has properly warned, or failed to properly warn, the persons injured. B. Lead -Based Paint and Lead -Based Paint -Containing Materials and Debris (collectively "LBP") 1. Lead -based paint was commonly used prior to 1978 and may be located on the Property. The Grantee is advised to exercise caution during any use of the Property that may result in exposure to LBP. 2. The Grantee covenants and agrees that in its use and occupancy of the Property, the Grantee is solely responsible for managing LBP, including LBP in soils, in accordance with all applicable Federal, State, and local laws and regulations. The Grantee acknowledges that the Grantor assumes no liability for property damages or damages for personal injury, illness, City of Lubbock Deed fro 1.36 acre more or less 6 disability, or death to the Grantee, or to any other person, including members of the general public, arising from or incident to the purchase, transportation, removal, handling, use, contact, disposition, or other activity involving LBP on the Property, whether the Grantee has properly warned, or failed to properly warn, the persons injured. The Grantee further agrees to notify the Grantor promptly of any discovery of LBP in soils that appears to be the result of Grantor activities and that is found at concentrations that may require remediation. The Grantor hereby reserves the right, in its sole discretion, to undertake an investigation and conduct any remedial action that it determines is necessary. 3. The Grantee is hereby informed and does acknowledge that the Property includes improvements (Building 76, which was constructed prior to 1978) that are presumed to contain LBP. C. Non -Discrimination. The Grantee covenants not to discriminate upon the basis of race, color, religion, national origin, sex, age, or handicap in the use, occupancy, sale, or lease of the Property, or in its employment practices conducted thereon. This covenant shall not apply, however, to the lease or rental of a room or rooms within a family dwelling unit, nor shall it apply with respect to religion if the Property is on premises used primarily for religious purposes. The United States of America shall be deemed a beneficiary of this covenant without regard to whether it remains the owner of any land or interest therein in the locality of the Property. D. Hazards to Air Navigation. Prior to commencing any construction on, or alteration of, the Property, the Grantee covenants to comply with 14 C.F.R. Part 77 entitled "Objects Affecting Navigable Airspace," under the authority of the Federal Aviation Act of 1958, as amended. IX. REVERTER AFFECTING THE PROPERTY This conveyance is made and accepted on the condition that (1) the Property shall be used and maintained for law enforcement and emergency management response in perpetuity; and (2) the Property shall not be sold, leased, mortgaged, assigned, or otherwise disposed of, except to another local government agency for the same purposes, with the prior consent of the Director of the Air Force Real Property Agency, or his/her successor in function. In the event of a breach of any such condition as to all or any portion or portions of the Property by the Grantee, its successors or assigns, regardless of the cause of the breach, all right, title, and interest in and to such portion or portions of the Property, in its then existing condition, including all improvements thereon, shall revert to and become the property of the United States of America at the option of and upon demand made in writing by the Director, Air Force Real Property Agency, or his/her successor in function. In such event, the United States of America shall have the immediate right of entry upon said property, and the Grantee, its successors, and assigns, shall forfeit all right, title, and interest in said property and in any and all tenements, hereditaments, and appurtenances thereunto belonging, and shall take such action and execute such documents as may be necessary or required to evidence transfer of title to the United States of America. The failure of the Director, Air Force Real Property Agency, or his/her successor in function, to insist upon complete performance of the above conditions shall not be construed as a waiver or relinquishment of future performance thereof, but the obligation of the Grantee, its City of Lubbock Deed fro 1.36 acre more or less 7 successors and assigns, with respect to such future performance shall continue in full force and effect. X. MISCELLANEOUS A. Each covenant of this Deed shall inure to the benefit of the Grantor; shall be binding upon the Grantee; shall be deemed to touch and concern the land; and shall run with the land. XI. LIST OF EXHIBITS The following Exhibits are attached to and made a part of this Deed: A. Exhibit A Description and Drawings of Deeded Property B. Exhibit B Drawings Depicting Utility Easement C. Exhibit C Notices of Hazardous Substances D. Exhibit D Map of Tower Area Plume E. Exhibit E Map of Soil Contaminated Areas City of Lubbock Deed fro 1.36 acre more or less 8 IN WITNESS WHEREOF, I have hereunto set my hand at the direction of the Secretary of the Air Force, the day and year first above written. THE UNITED STATES OF AMERICA -"- 4By: J4 --- KATH YN M. HALVORSON Director Air Force Real Property Agency Commonwealth of Virginia: ss. County of Arlington This instrument was acknowledged before me on the 2- day of ST-t 1Q,.2006, by Kathryn M. Halvorson, the Director of the Air Force Real Property Agency. (seal) " wcPti PAUL C. MACPHERSON #o►rw >:?Pn NOTARY PUBLIC Of COMMONWEALTH mac, OF VIRGINIA My Commission Expires September 30, 2009 Notary Public, Commonwealth of Virginia My Commission Expires: 3;WC7°� � City of Lubbock Deed Bo 1.36 acre more or less 9 ACCEPTANCE The Grantee acknowledges delivery of this Deed and agrees to be bound by all the agreements, covenants, conditions, restrictions, and reservations contained in it. DATE: September, 28, 2006 Attest: Reb ca Garza, City Secretary Approved as to Fo Amy L ss' City Attorney State of Texas: ss. County of Lubbock: CITY OF LUBBOCK, TEXAS "Ld This instrument was acknowledged before me on the 2, day of 6Qfobir- , 2006, by David A. Miller, Mayor, City of Lubbock, Texas. -------------- CEUA WEBB—�&-iLj W"RWSWa� Notary Public, State of Texas My Coen *Om Eiaa "-2010 My Commission Expires: 03-01- gD!B (seal) City of Lubbock Deed 60 1.36 acre more or less 11 Exhibit A- Drawing and Description of Property Resolution No. 2006-RO PERIMETER SURVEY OF A 1.360 ACRE TRACT OF LAND IN SECTION 25, BLOCK 0-6. ABSTRACT 403, LJBBOCK COUNTY. TEXAS METES AND SOUNDS DESCRIPTION OF A 1.360 ACRE TRACT OF LAND IN SEC -ION 25, BLOCK 0-6, ABSTRACT 403, LUBBOCK COUNTY, TEAS BEING A PORTION OF THAT TRACT OESCRIBED IN VOLUME 417, PAGE 423, OF THE DEED RECORDS OF z,UBBQCK COUNTY, TE7faS AND FURTHER D£$CRIBD AS FOLLOWS: BEGINNING AT A NAIL AND TAG SET IN AN ASPHALT ORIVE FOR THE SOUTHEAST CORNER OF THIS rt'l TRACT FROM WHENCE THE SOUTHEAST CORNER OF 4 SAID SECTION 25 BEARS S 73749*26" E A' DISTANCE OF 2075.0 FEET: 1`'I THENCE S a9'39'43" W A DISTANCE OF t96.36. FEET TO A NAIL AND TAG SET iNASPHALT FOR 3 74E SOUTHWESTCORNER -OF THIS TRACY; m v THENCE N0'20'29" WA DISTANCE OF 211,05 FEET 9 TO AN "X" ON CONCRETE SET -FOR A CORNER OF a THIS Z THENCE N B9'43"21" E A DISTANCE OF_94.03 FEET TO A NAIL ANDTAG -SET AT THE BACK: OF A CURB FOR AN ELL CORNER OF THIS TRACY; THENCE N 0*19'35" W A OISTANCE OF. t73.9e�9: FEET TO A %." !Rory kOO WITA CAP SET AT THE BACK - OFA CURB FOR T4E MOST NORTHERLY NORTHWEST CORNER OF THIS TRACT; THENCE N 89'20'45" E A DISTANCE OF 102.17 FEET 'CO A '/f" IRON ROD WITH CAP SET AT THE BACK OF A CURB FORTHE NORTHEAST CORNER OF THIS TRACT; THENCE S O'21'32" E A DISTANCE OF 385.51 FEET TO THE PLACE OF BEGINNING. LEGEND: SCALE: 1" a 50' , HEAVY LINES INDICATE LIMITS OF SURVEY. • a SET 1; 2" IRON ROD WITH CAP. O SET NAIL AND TAG. X a SET "X' ON CONCRETE. .. PURR = PHYSICAL MONUMENT OF RECORD DIGNITY. CM - CONTROLLING MONUMENT, i}+IS PLAT INVALID UNLESS IT SEARS SURVEYOR'S ORIGINAL SIGNATURE. SURVEYORS REPORT:. -HIS PEAT WAS PREPARED FOR THE EXCLUSIVE USE OF THE IN0MOUAL" ANO/0R iWSTETGT'ONS NAMEO' ON' THtS,SURVEY. IT IS .NON TRANSFERAOLE TO ADD ZONAL INSTITUTIONS OR INDIVIDUALS WITHOUT EXPRESSED RECERTIFICATION E! SMITH SURVEYING. THIS PLAT IS THE PROPERTY OF SMITH SURVEYING. REPRODUCTION OF THIS. PLAT FOR ANY PURPOSE IS EXPRESSLY FORWOOEN WITHOUT THE WRITTEN CONSENT OF AN AUTHORIZED AGENT OF SMITH SURVEYING. THIS SURVEY IS SUBJECT TO ANY FACTS WHICH MAY BE DISCLOSED SY A FULL AND ACCURATE TITLE. SEARCH,. RECORD DOCUMENTS OTHER THAN THOSE SHOA'N MAY AFFECT Tn.IS TRACT, VISIBLE EVIDENCE OF CONDITIONS AFFECTING THIS TRACT IS AS SHOWN ON THIS PLAT. FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYCR AS CONTROLUNG EVIDENCE DUE TO SU557ANT3A(. AGREEMENT WITH RECORD DOCUMENTS. BEARINGS RELATIVE to CEODETIC NORTH AS OETERMINEO BY GPS OBSERVATIONS, STATE PLANE COORDINATES RELATIVE TO CORPS U ENGINEERS BENCHMARK AND CONTROL MONUMENTS "PI-tB AND "PI-19" ,NAD 27 OATUV). 102,17' N 731234,49 E 52020t.85 V) N730a49.34 E 620187.68 i PLACE OF BEGINNING I, ROBERT L. SMITH, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HERESY CERTIFY THAT THISPLAT AND DESCRIPTION WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY ANO THAT THE INFORMATION HEREON REPRESENT$ THEFINDINGS OF THIS SURVEY TO THE BEST OF MY KNOWLEDGE AND BELIEF: A41rN � CJR vlff /IVY tSopL'£8g 0G'CAYC.f:14'[ 1T 5p6_165-9u4S r %AS` :5. 12 PREPARED FOR; CITY OF LUSOCCK 1. REF: 031112 JOB 03-tII2 VF5 g FORMER REESE AIR FORCE BASE L D 19TH S g 8 E PAwm'V = o � x a Rarer zrsr e Legend ' g 2006 FOST Property-� s r 1,000 0 1,000 z000 Parcel D - PRT to City of Lubbock Fow pm9� u_S. Am1y Corps of Engineers, Tulsa District w e« Lee A`n r a n C Formr Reese Alr Force Bise GP DaE`SE.iiA06 VLynden Peters — ®� -- - -- -- - — ------ Task Manager 630 Plaza Drive, Suite 200 Parcel D Location Map EXHW1 L PmA Bam Jana Lutrick Highlands Ranch, CO 80129-2379 Tel: 720-W-3500 Fax: 720-344-3535 Lubbock, Texas A-1 arr es Review w,yy arcadis-us.com Paul Resolution No. 2006-RO446 a 0 i= U a � d FORMER REESE t AIR FORCE BASE : o i9 o: U N CR 6500 H U o Z4 5 8 Tower Area (East Base) N d„ A P, ❑ SWLF GW TP r ■ 114 • VWVTP Legend ~` C3 2008 FOST Boundary _ �Boundary of Former Reese r t_1 Air Force Base (Pre-2000) y 3 Storm Drainage LRRA ! A�MANp Texas Tech University �i•�••� LF AND i a y -� South Plains College 5 sANTA " City of Lubbock Parcels N C Nw Texas Tech University Ea South Plains College �• •'�'•�••�••� w s City of Lubbock s S system ble: Storm wafer to be conteyed to the LRRA 1.000 0 1,000 2,000 2006. System has been color coded to ibstrate LRRA [Lee Feet ility locations on other parcels that will be transferred in 2008. Program Manager U.S. Army Corps of Engineers, Tulsa District R•i■d N—&• Ann Smith ARCADIS Former Reese Air Force Base GPIREESE.RA08 Project Manager a••^a or• Lynden Peters 630 Plaza Drive, Suite 200 Highlands Ranch, CO 80129-2379 Exhibit B Property Map of Storm Water Sewer System °'meB Task Manager ATTACHMENT JJanisLubick Tel: 720-344-3500 Fax: 720-344-3535 www•areadis-us.com Lubbock, Texas B Technical Review Paul Barnes x a 0 2 it 0 a cr U U Ir S� FORMER REESE j AIR FORCE BASE i t i cR e5W 5 o o 5 Tower Area (East Base) a z a 3 SWLF GW TP U v Q - ° {t 40 r..�..�....• s 1 a 1 174 � i VVVVrP Fegend 2006 FOST Boundary = Boundary of Former Reese Air Force Base (Pre-2000) Telecommunications System j LRRA 1 P�hANaf Texas Tech University wf•�..q A rn -- South Plains College 5 N° SgNTA f o N Parcels ■ ED Texas Tech University W = RAttgOgo ED South Plains C°AegeED w e ice. ..�..�..�.� City of Lubbock Note. Telecommunicagons sysfem to be conveyed to th S LRRA in2006.. System has been Color Coded to 1,000 0 1,000 2,000 Aishato LRRA tOffly locebons on other parcels that will be transferred in 2006. Feet Program Manager U.S. Army Corps of Engineers, Tulsa District P pdNu.e« Lee Ann Smith Former Reese Air Force Base GPIREESE.RAD6 Project Manager ARCADI S D-v D.E. Lyndon Peters Exhibit B-1 O"42M Task Manager 630 Plaza Drive, Suite 200 EMSIT Janis Lu" Highlands Ranch, CO 80129-2379 Property Map of Telecommunications System Technical Review Tel:720-344-3500 Fax:720-344-3535 B-1 Paul Barnes www.areadis-us.com Lubbock, Texaa n,�,:,-. za�4.4w,��,4,d�,Irv;"es�.@:�a.��se��rX�c„�&:y�1RaWi"`37.., ". F..�:n't�.7ss•e.*,tr�c's.?�mrT�;aN�eaa a;°eX�a�.r v::�ra.�.wam.:a.:-v+.m"�.�s� ..��..."».��..,�,.»�,.,-..w, �.....,.......-._.._ .... _. lip 111111b� a a�aa 00 1-10 t , 1 ? 750 "7 � 1-75a 1-� 3-50 1-750 t - �J 1 0 1-5 3-37. h ,O ♦ z z �� ' 4-15 `may 15 5 OAO HANGAR LINE �- ,10 - 3 15 3-50 ♦ 3-167 13-100 1-5 L�p j3-375 1 i'35 ►� 1 t _ s- lk t too 0 2 1-150 3-501 -75 j3-25 1-ItZ.S 1-150 2300 - 2-3001 t- AIRCRAFT _` PARKING ! ul I C x .. :,, ••. ••. •� ", "."� ... .fvz.� "�-,�'sw�'mi'Div:L1�:t1�A'Yl%.:+S:bu;efe�t5namrxas. .icmawcsu;a*.w. gym. uRa-:•� 1J 4'sMN I►SU M0.4 RUNWAY 17 / 35 R I:iO' X 6500' x w „ o x �. X + �P T/W A i-'i1N 4'e AIRCRAFT PARKIN.G M„ APRONf�•- q " 1•lli � » R w ga � �• 3 � E 1 6: 1 . 1 n n •IIiA r,' ii 1« .• Yw ay }�• pp i-c tan♦ w • a v�._-. �'1•!-IQr ,may '0. -1 • � r._ ` � /M � s+ • 5 tl Ip R oll ,E`er 'tea •• a ^ ♦ f. CA i.! slnrcNlN� ,� l" aourlanrirtl+A rlp�ra o-roa u11rIQt eatwens�aN, P ' tsoofl+fr s�ri4NMroNwIA Telly- r usrev 1 r r+yb RATORS I» i-roo'S 1+AI-Is . ..i el LEGEND Akim PRI OVERHEAD WRT OISTRIOLMON LINE sw f Sr1. .(\ ' I UNDERGROUND PRIMARY DISTRIBUTION 1 r 4 4+1t 400, F�Ic ------- OVERHEAD SECONDARY SERVICE LINE =-� _'y_�_ — _-_--$_-_._ LIKOERCROt1RD SEWHOARY SERVICE LINE 7 +� aria � YIP. ,x i �,• __::.:___�_�-,� } 0 DUCT RANK UNDERRUNwars MIND OF DUC i —Pam --- - Pam POLE At -do 4-�4 WJMWA AND SIZE OF OONDUCMM • �0 j�► A •-ei TRANSFOR01" BANK V "AftBER a SIZE IN ee ti 38 NORTH REESE BLVD go 20 SOUTH RME NORT H ow m I No Text i0o 011 APRON ■ Resolution No. 2006-RO446 EXHIBIT C-1 NOTICE OF HAZARDOUS SUBSTANCES STORED, DISPOSED OR RELEASED and REMEDIAL ACTION TAKEN Notice is hereby provided that the information set out below from the Basewide Environmental Baseline Survey (EBS) and Supplemental EBS provide notice of hazardous substances that are known to have been stored for one (1) year or more or disposed of or released on the former Reese Air Force Base, and the dates that such storage, disposal, or release took place. The information contained in this notice is required under the authority of regulations promulgated under section 120(h) of the Comprehensive Environmental Response, Liability, and Compensation Act (CERCLA or "Superfund") 42 U.S.C. section 9620(h). \\Sbarepc\E SHARE (E)\REESEVroperty TransfeA409 Acre Final Transfer\Dee&LPD\060920 City of Lubbock Deed\Exhibit C.doc SS-02 Tower Area Substance Regulatory Synonym(s) CAS Registry Number Quantity kg/lbs Date Hazardous Waste ID Number if applicable) Response Remarks Various; Benzene 71-43-2 Unknown Unknown D018 Yes Soils closed under primarily Carbon Tetrachloride 56-23-5 NA RRS No. 2; Proof of solvents cis-1,2-DCE 156-59-2 NA Deed Certification and trans-1,2-DCE 156-60-5 NA accepted on March petroleum Ethylbenzene 100-41-4 NA 14, 2002, by TCEQ. hydrocarbo Tetrachloroethene 79-34-5 NA Unit undergoing ns Toluene 108-88-3 NA corrective action in Trichloroethene 79-01-6 F001 accordance with Xylenes 108-38-3 NA approved Final CMIP submitted in November 2000, revised in October 2002. CMIP incorporated by reference into Compliance Plan dated September 18, 2003. OPS has been approved verbally, but is pending submittal of this FOST. All other information is in the Basewide EBS. \\Sharepc\E SHARE (E)\REESE\Property Transfer\409 Acre Final Transfer\DeedTPD\060920 City of Lubbock Deed\Exhibit C.doc Tower Area Soils Deed Recordation Area Substance Regulatory Synonym(s) CAS Registry Number Quantity kg/lbs Date Hazardous Waste ID Number if a licable Response Remarks Various Toluene 108-88-3 Unknown Unknown NA Yes Closed. Final Ethylbenzene 100-41-4 NA Certification Report Xylenes 108-38-3 NA for RRS No. 2 Antimony 10025-91-9 NA Closure submitted in Arsenic 1327-53-3 NA September 1999. Barium 7440-39-3 NA Conditional approval Cadmium 1306-19-0 NA of RRS No. 2 Chromium 7440-47-3 NA Closure received Lead 7439-92-1 NA from TNRCC on Mercury 7439-97-6 NA September 30, 1999. Nickel 7440-02-0 NA Submittal of Proof of Selenium 7782-49-2 NA Deed Certification Thallium 7440-28-0 NA submitted on January Acetone 67-64-1 NA 23, 2002. Approval 2-Butanone 78-93-3 NA of deed certification Methylene chloride 75-09-2 NA and release from Benzo(b)fluoranthene 205-99-2 NA Post -Closure care Benzo(k)fluoranthene 207-08-9 NA responsibilities Naphthalene 91-20-3 NA received from bis (2-ethylhexyl) 27554-26-3 NA TNRCC on February phthalate 22, 2002. Fluoranthene 206-44-0 NA Fluorene 86-73-7 NA Phenanthrene 85-01-8 NA Pyrene 129-00-0 NA 2-Methylnaphthalene 91-57-6 NA Acenaphthene 83-32-9 NA Cyanide 74-90-8 NA Silver 7440-22-4 NA Tetrachloroethene 127-18-4 NA Trichloroethene 79-01-6 F001 Carbon disulfide 75-15-0 NA alpha -Chlordane 57-71-9 NA gamma -Chlordane 57-74-9 NA 4,4'-DDD 72-54-8 NA 4,4'-DDE 72-55-9 NA 4,4'-DDT 50-29-3 NA Dieldrin 60-57-1 NA Endrin 72-20-8 NA Endrin Ketone 53494-70-5 NA Endrin Aldehyde 7421-93-4 NA delta-BHC 319-86-8 NA Endosulfan sulfate 1031-07-8 NA Isodrin 465-73-6 NA Benzo(a)anthracene 56-55-3 NA Benzo(a)pyrene 50-32-8 NA Benzo(g,h,i)perylene 191-24-2 NA Chrysene 218-01-9 NA Indeno 1,2,3-cd rene 193-39-5 NA \\Sharepc\E SHARE (E)\REESE\Property Transfer\409 Acre Final TransferOeed\LPD\060920 City of Lubbock Deed\Exhibit C.doc �g °His aw"5 is a 9"O aaIa n o m m n r a x- r w� � �-- r- ��11- x m a r i� w° I All, I v ri i h e o n n ei u e a d e o o e e e o o d d e e o e e o e v v v r n v v v v v v m mv a e �'! o- `a' o- B m �'! n n w w m o • 11 ^ v v �p .. v y d y v_ 'j v y= v m � b d�m y b v v v v v a9j( p gy$S7pJ�� Q ;5]f} ���yyyy p � uuy ��uuyy o 3p� 7 18 N KI V N S S � � ip � � S fA n s s o dd d a d c o n. - ci d i $8 r y d o o ni n rim y iG ii K i �i 3� 3� d d d � �: a dam' ° A a o "i ;I gg - P U � A a n �s.. r a s Mild i1 i HIM, Hog Ulf! di-,' RR'RRc+�"'R-�R�°m3R inn R � n�.^Qi-^�nnRRs$R R-#--------�R---------R--- F.. -# co *igc66 1 1 e,ooQzzl�zz#zzzsz#z###zz n,��zz no 0 0 o e e cc o e e e e c a ': a G$A „#BR�vRR#: 3 8C x1ii�x 8: - i�Sxx x7sx<Wi s Csi xz:x9<i� i�'x�Rx11x S S � i o W QQ QQ O N n O O N == Y 0 O C b u m O 6 g�dd 1-e#i¢ z # ## # i 3f Y $ 3 i i i i i i S e S g S i s S 2 i 3 S a 2 's i Qe a 3 i IS. 0i so ° :s iIxa�$ p 6 ki tll Resolution No. 2006-RO446 (L a a it a S FORMER REESE AIR FORCE BASE a aZ J Ir 0 .J `" Area 3ase) Una 1111 cR SWLF GW TP 1 114 Legend 0 2006 FOST Boundary LRRA Parcels (Parcel C and portion of Parcel E) ivy _ "Wo<f � Boundary of Former Reese Air Force Base (Pre-2000) AkO sAHrq ~ TCEApr# 2000 (ugk) Parcels F 21ST r�rtRp,� N - 50 Texas Tech University - 20 ® South Plains College '�' �••�••�•� w 10 ® City of Lubbock - 5 a 1 1,000 0 1,000 Z000 Note: Groundwater use in the Tower Area and POL Area is restricted FeN Program Manager U.S. Army Corps of Engineers. Tulsa District Plq d N. s•r Lee Ann Sm}th ARCADIS Former Reese Air Farce Base GPIREESE.RAOe Project Manager °i""0 or' LyndenPeten; Exhibit D glrlm Task Manager 630 Plaza Drive, Suite 200 exneITo Jarvis Lutrick Highlands Ranch, CO 80129-2379 Map of Tower Area Plume Tel:720-344-3500 Fax:720-344-3535 Technical Review Technical Texas Paul Barnes www.arcadis-us.com Resolution No. 2006—RO446 10 Feet • WMr! ■ �Ii Legend 2006 FOST Boundary Boundary of Former Reese Air Force Base (Pre-2000) Areas of Deed Restricted Soil f ® Parcel D - City of Lubbock r `-' Note: Groundwater use in the Tower Area and POL Area is restricted Program Manager � LAms ARCADIS Project Manager Lyndon Peters Task Manager 630 Plaza Drive, Suite 200 Janis Lutrick Highlands Ranch, CO 80129-2379 Technical Review Tel: 720-344-3500 Fax: 720-344-3535 Paul Barnes www•arcadis-us.com O r Former Reese Air Force Base Exhibit E Map of Soil Contaminated Areas EXHIBIT E Lubbock, Texas