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
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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.
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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"
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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:
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Task Manager 630 Plaza Drive, Suite 200 Parcel D Location Map EXHW1
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Jana Lutrick Highlands Ranch, CO 80129-2379
Tel: 720-W-3500 Fax: 720-344-3535 Lubbock, Texas A-1
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Program Manager
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Ann Smith
ARCADIS
Former Reese Air Force Base
GPIREESE.RA08
Project Manager
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Lynden Peters
630 Plaza Drive, Suite 200
Highlands Ranch, CO 80129-2379
Exhibit B
Property Map of Storm Water
Sewer System
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Task Manager
ATTACHMENT
JJanisLubick
Tel: 720-344-3500 Fax: 720-344-3535
www•areadis-us.com
Lubbock, Texas
B
Technical Review
Paul Barnes
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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
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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
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Resolution No. 2006-RO446
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Legend
0 2006 FOST Boundary
LRRA Parcels (Parcel C and portion of Parcel E) ivy
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Boundary of Former Reese Air Force Base (Pre-2000) AkO sAHrq ~
TCEApr# 2000 (ugk) Parcels F 21ST
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- 50 Texas Tech University
- 20 ® South Plains College '�' �••�••�•�
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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