HomeMy WebLinkAboutResolution - 2003-R0264 - Notice Of Petroleum Fuel Contaminated Site For Municipal Drive - 07_10_2003Me And Return To Resolution "No. 2003—RO264
Rd sucy R-O-W July`' 10, 2003
Item No. 38
RESOLUTION 01 s
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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 execute for and on behalf of the City of Lubbock a Notice of Petroleum
Fuel Contaminated Site (the "Notice") for the tract of land located at 324 Municipal
Drive, as described on Exhibit "A" to the Notice, and any other related documents.
Said Notice is required by the Texas Commission on Environmental Quality and is to
be filed of record in Lubbock County, Texas. Said Notice is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this loth day of July 2003.
M R UGAL, MAYOR
SEAL
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Dan Dennison
Environmental Compliance Manager
APPROVED AS ORM:
Richard K. Casner
Natural Resources Attorney
Ke/ccdocs/ContaminatedSite-Petroleum.Nodce. Res
June 23, 2003
von S4:97PA046
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on 3w�� i t7 , 2003, by
Marc McDougal, Mayor of the City of Lubbock. t
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CELIA WEBB Notary Public in and for the State of Texas
Notary PubBc, Stale of Texu
My Commissar F.xpaea
09-01-2W My Commission Expires: 03 -,0 L • 2OO6
Typed or printed name of Notary:
SE -AL U;Q We 6b
Resolution No. 2003—RO264
July 10, 2003
Item No. 38
STATE OF TEXAS §
LUBBOCK COUNTY § V e L R T-9 7 p 4 r E 3 4 7
NOTICE OF PETROLEUM FUEL CONTAMINATED SITE
KNOW ALL MEN BY THESE PRESENTS THAT:
Pursuant to the rules and/or requirements of the Texas Commission on Environmental
Quality ("TCEQ"), this document is hereby filed in the Real Property Records of
Lubbock County, Texas in compliance with the said requirements of the TCEQ:
I
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 324 Municipal Drive, City of Lubbock, Lubbock County, Texas.
The Property is the former location of a storage tank system that leaked and released
gasoline into the soil and ground water. The Property has been the subject of ongoing
environmental assessment and monitoring since January 1990. Residual subsurface
contamination remains at the Property. Notwithstanding such residual contamination, the
TCEQ has determined that no additional action regarding 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.
II
Cleanup levels established for the Property were based on current and future use of the
site for commercial/industrial purposes. Without limitation of any other permissible uses,
the use of the Property is suitable for commercial/industrial purposes. No water supply
wells will be drilled on the Property. Notwithstanding the foregoing, the current or future
owner shall notify the TCEQ in writing at least 120 days prior to changes in site use or
site condition which violate the terms of this notice.
The environmental risk assessment prepared for this site indicates that use of the Property
for commercial and industrial purposes meets protection requirements for the site
conditions at the time of this filing. However, 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 to the Property.
III VOL- SA97?AA48
The current owner and operator of the Property and/or any facility thereon is the City of
Lubbock, 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 TCEQ 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 TCEQ that additional remediation will not be required in
the future. Further information concerning this matter may be found in the TCEQ
Underground Storage Tank Notice of Registration No. 30250 file and Leaking Petroleum
Storage Tank ("LPST") No. 094822 file, which are available for inspection upon request
at the office of the TCEQ in Austin, Texas.
EXECUTED this the loth day of
ATTEST: SEAL
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
�_
Dan Dennison
Environmental Compliance Manager
APPROVED AS T FORM:
Richard K. Casner
Natural Resources Attorney
LXH18I1 "A" Resolution No.
PERIMETER SURVEY OF VOL �g7PAGFc349
A 0.955 ACRE TRACT IN
TRACT "A" MUNICIPAL HILL ADDITION,
TO THE CITY OF LUBBOCK,
LUBBOCK COUNTY, TEXAS
LEGEND
SCALE: 1" = 6D'
HEAVY LINES INDICATE LIMITS OF SURVEY.
= SET 1/2" IRON ROD WITH CAP.
• = SET NAIL WITH TAG.
PMRD = PHYSICAL MONUMENT OF RECORD DIGNITY.
CM = CONTROLLING MONUMENT.
THIS PLAT INVALID UNLESS IT BEARS SURVEYOR'S
ORIGINAL SIGNATURE.
SURVEYORS REPORT:
THIS PLAT WAS PREPARED FOR THE EXCLUSIVE USE OF THE
INDIVIDUAL AND/OR INSTITUTIONS NAMED ON THIS SURVEY.
IT IS NON TRANSFERABLE TO ADDITIONAL INSTITUTIONS
OR INDIVIDUALS WITHOUT EXPRESSED RECERTIFICATION
BY SMITH SURVEYING.
THIS PLAT IS THE PROPERTY OF SMITH SURVEYING. REPRODUCTION
OF THIS PLAT FOR ANY PURPOSE IS EXPRESSLY FORBIDDEN WITHOUT
THE WRITTEN CONSENT OF AN AUTHORIZED AGENT OF SMITH
SURVEYING.
THIS SURVEY IS SUBJECT TO ANY FACTS WHICH MAY BE DISCLOSED
BY A FULL AND ACCURATE TITLE SEARCH.
RECORD DOCUMENTS OTHER THAN THOSE SHOWN MAY AFFECT
THIS TRACT.
VISIBLE EVIDENCE OF CONDITIONS AFFECTING THIS TRACT IS AS
SHOWN ON THIS PLAT.
MONUMENTS INDICATED AS FOUND BY THIS SURVEY ARE NOT
"PHYSICAL MONUMENTS OF RECORD DIGNITY" UNLESS SO NOTED.
FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR A
CONTROLLING EVIDENCE DUE TO SUBSTANTIAL AGREEMENT
WITH RECORD DOCUMENTS.
BEARINGS RELATIVE TO THE PLAT OF RECORD (VOL. 1795 PG. 282).
T OF
VNING
METES AND BOUNDS DESCRIPTION OF A 0.955 ACRE TRACT OF LAND IN
SECTION 80, BLOCK A, LUBBOCK COUNTY, TEXAS BEING A PORTION OF
TRACT "A" MUNICIPAL HILL ADDITION TO THE CITY OF LUBBOCK, LUBBOCK
COUNTY, TEXAS AS SHOWN ON THE MAP, PLAT AND/OR DEDICATION DEED
THEREOF RECORDED IN VOLUME 1795 PAGE 282 OF THE DEED RECORDS
OF LUBBOCK COUNTY, TEXAS AND FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT A h"IRON ROD WITH CAP SET FOR THE SOUTHEAST CORNER
OF THIS TRACT FROM WHENCE THE NORTHEAST CORNER OF SAID TRACT "A"
BEARS N 19'10'05" E A DISTANCE OF 981.00 FEET;
THENCE N 22 54'20" W. ALONG A LINE PARALLEL TO AND NEAR THE BACK
OF A CONCRETE CURB AND GUTTER, A DISTANCE OF 195.70 FEET TO A
IRON ROD WITH CAP SET FOR THE NORTHEAST CORNER OF THIS TRACT;
THENCE S 77'00'50" W, AT A DISTANCE OF 152.15 FEET PASS A NAIL AND
TAG SET IN REFERENCE IN CONCRETE, IN ALL A DISTANCE OF 152.65 FEET
TO A POINT IN THE EAST WALL OF THE CITY OF LUBBOCK MAKE READY
GARAGE FOR A CORNER OF THIS TRACT;
THENCE S 1759'55" E. ALONG SAID WALL, A DISTANCE OF 65.18 FEET TO
THE SOUTHEAST CORNER OF SAID GARAGE FOR A CORNER OF THIS TRACT:
THENCE S 77.00'50" W, ALONG THE SOUTH WALL OF SAID GARAGE, A
DISTANCE OF 69.95 FEET TO A POINT IN THE EAST WALL OF THE CITY OF
LUBBOCK SERVICE GARAGE FOR A CORNER OF THIS TRACT;
THENCE S 12'59'10" E, ALONG THE EAST WALL OF SAID SERVICE GARAGE.
A DISTANCE OF 127.60 FEET TO THE SOUTHWEST CORNER OF THIS TRACT;
THENCE N 77'00'50" E, AT A DISTANCE OF 0.30 FEET PASS A 'h" IRON
ROD WITH CAP SET IN REFERENCE, IN ALL A DISTANCE OF 256.30 FEET TO
THE PLACE OF BEGINNING.
I,, ROBERT L. SMITH, REGIST,ERED-PRQFES$IONAL LAND SURVEYOR,
.' DO HEREBY CERTIFY THAT. THIS PLAT ,AND ESCRIPTION WAS
PREPARED FROM AN ACTUAL SURVEY dF'.,T1 PpROPERTY AND THAT
THE INFORMATION HEREQNAEPRESENT `` 9,FINDINGS OF THIS
,ySURVEY . Tb' THE BEST OP, MY, KNOWLEDD ,AMP``BELIEF.
SURVEYED: ,
JUNE 11, 2003,
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