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HomeMy WebLinkAboutResolution - 3291 - Letter Of Agreement- Mrs. Baird's Bakeries Inc- Monitoring Well, South O E 14Th - 01_25_1990JWF:da RESOLUTION Resolution # 3291 January 25, 1.990 Item #1.2 WHEREAS, the Texas Water Commission has requested of Mrs. Baird's Bak- eries, Inc., hereinafter called."Baird's", an environmental assessment by the drilling of monitoring wells on property owned by Baird's and adjacent prop- erty owned by others, and the City of Lubbock owns property adjacent to the Baird's property; and WHEREAS, the purpose of such monitoring is to ascertain whether contami- nation under certain defined specifications resulted from leaking underground fuel storage tanks recently removed from the Baird's property; and WHEREAS, the City of Lubbock is agreeable to allowing one monitoring well to be drilled and water samples being taken therefrom on City property adjacent to the Baird's property; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT in consideration of the benefits received by the City of Lubbock by an investigation to be conducted by Baird's as set forth in the preamble hereof at the expense of Baird's, the City hereby permits Baird's to drill or cause to be drilled and monitor or cause to be monitored a monitor well to be located approximately seventy-six (76.0) feet West and two hundred (200.0) feet South of the Southeast corner of Block 1, Dickinson Subdivision to the City of Lubbock, Lubbock County, Texas. SECTION 2. In view of the benefits to be received by the City of Lubbock by reason of the aforesaid investigation conducted by Baird's, no fee charge is made for the permit hereby granted. SECTION 3. This permit is granted in accordance with the terms of a letter from Mrs. Baird's Bakeries, Inc., signed by the General Manager of its Lubbock Plant dated January 1, 1990, addressed to Mr. Ed Bucy, Right -of -Way Agent for the City of Lubbock, and the Mayor of the City of Lubbock is autho- rized and directed to execute the acceptance of the City of Lubbock to the terms thereof, a copy of said letter being attached herewith, which shall be spread upon the minutes of the Council and 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 25th day of January 1990. 6. C. McMINN, MAYOR ATTEST: kanexte uoya, ul ty secretary,, APPROVED AS TO CONTENT: Ed Bucy, Right -of A ay Agent APPROVED AS TO FORM: rtn m iingim, Hssis itw Attorney - 2 - Resolution # e _ January c5, 1990 ' I ABILENE FORT WORTH M R S It " k R D PS BAKERIES, INC. AUST'N SAN HOUSANTNONIO DALLAS LUBBOCK m VICTORIA W ACO J Y'. P. O. BOX 1496 LUBBOCK, TEXAS 79408 January 18, 1990 Mr.. Ed Bucy City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Dear Mr. Bucy: In cooperation with the Texas Water Commission, Mrs Baird's Bakery has engaged Compliant Services Group, Inc. to conduct an environmental assessment of the soil and ground water under its Lubbock facility located at 202 East Broadway. The Company has drilled five monitoring wells on the property to determine whether there is contamination under certain defined specifications resulting from leaking underground fuel storage tanks recently removed from the site. While their findings should show that it is contained within the boundaries of the property, the Commission has requested that additional samples be taken on adjacent property, including the tract owned by you located at 404 East 14th Street, South one-half (SZ) of Section Number Three (3) in Block "0" E. E. & R. R. R. R. Co. (a vacant lot). The approximate location of the proposed well is described on the attached exhibit 07). The well would be approximately four inches in diameter, drilled to about 65 feet. A portable drilling rig would be placed on the property to drill the well, over a twenty-four hour period. At that point, samples of the underground water would be taken and tested over the next sixty days. If the findings on the Baird property are not consistent with the assessment of the samples on your property, and no contamination is found, the hole will be plugged and the surface returned to its original condition. If some contamination is found, casing will be put in place and samples will need to be taken periodically until the remediation work is completed, which could be as long as three years. The well will be capped at all times when samples are not being taken. This assessment and any remedial.work will benefit you and your neighbors, and we request that you hereby grant Mrs Baird's Bakery, and its agents, a letter of agreement to allow them on and across your property for purposes of drilling the proposed well and taking ground water samples at the location described above and on the terms and conditions set forth in this letter. This grant will terminate sixty days after the effective date hereof, unless within that time Mrs Baird's gives you written notice of the need for ongoing sampling from the well while the remediation work is being conducted, and in such event, this grant will continue until the remediation work is completed and approved by the Texas Water Commission, but in no event later than three years from the effective date hereof, at which time this grant will terminate. All work will be done at Mrs Baird's sole cost and expense. 'Page 2, cont. Mrs Baird's shall have access to your property during normal business hours, and if access is restricted by locked gate, you will provide the Company with duplicate keys to allow access or arrange for access upon twenty-four hours notice from the Company. Mrs Baird's will keep the well site in a clean and safe condition and will indemnify and hold you harmless from all losses, costs or damages of any kind attributable to bodily injury, sickness, disease or death, or to physical damage to your property arising out of the work conducted by the Company or its agents, upon your property. Upon completion of its work, Mrs Baird's will restore the well site to its original condition at its sole cost and expense. If continued sampling from the well is necessary after the 60 day period, this letter of agreement will remain for three years. Please acknowledge your agreement to these terms by executing this letter in the space provided below. Mrs Baird's Bakeries, Inc. �- John 4Gore General Manager Lubbock Plant AGREED AND ACCEPTED this 25th day of January ,19 90 by: ByIC. McMiNN, MAYOR ? j /1 )I1if 1 r JG/pg