HomeMy WebLinkAboutResolution - 2006-R0475 - Accept Donation Of Properties From H & T Corporation - 10/13/2006Resolution No. 2006-RO475
October 13, 2006
Item No. 5.8
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock hereby accepts the donation of the following
properties from H and T Corporation: All of Lots One(1), Two (2), Three (3), Four(4) and
Five (5), Block 11, Overton Addition to the City of Lubbock, Lubbock County, Texas.
The Deed for said properties 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 13th day of October , 2006.
DAVID A. MILLER,•'
ATTEST:
Re ecca Garza, City Secretary
APPROVED AS TO CONTENT:
-�4� _C6, 'ZIA-L - - I
Rob Al4*?6-n-,-A`s&Q-4-ptCity Manager
Development Services
APPROVED AS TO FORM:
Linda L. Chamales, Senior Attorney
Office Practice Section
gs:/ccdocs/cityatt/Linda/Res/Res-Gift property 1210 Ave. Q
October 4, 2006
Resolution No. 2006-RO475
October 13, 2006
Item No. 5.8
Notice of confidentiality rights: If you are a natural person, you may remove or
strike any of the following information from this instrument before it is filed for
record in the public records: your Social Security number or your driver's license
number.
GIFT DEED WITHOUT WARRANTY
DATE: October 1.11:r4_, 2006
GRANTOR: H AND T CORPORATION, a Texas corporation
GRANTOR'S MAILING ADDRESS:
2012 Broadway
Lubbock, Texas 79401
GRANTEE: City of Lubbock, Texas
GRANTEE'S MAILING ADDRESS:
P.O. Box 2000
Lubbock, TX 79457
CONSIDERATION:
For and in consideration of the benefits to be enjoyed by the citizens of the City of
Lubbock and interest and desire to perform the public service by Grantor.
PROPERTY (INCLUDING ALL RIGHTS AND INTERESTS APPURTENANT OR
PERTAINING TO THE BELOW DESCRIBED REAL PROPERTY, AS WELL AS
ANY IMPROVEMENTS OF ANY KIND OR TYPE LOCATED THEREON):
As described in Exhibit "A", attached hereto.
REPRESENTATIONS AND WARRANTIES OF GRANTOR AND GRANTEE:
Grantee represents and warrants to Grantor that it has made an independent
inspection and evaluation of the Property and the title to same and acknowledges that
Grantor has made no statements or representations concerning the present or future value
Gift Deed Without Warranty Page I of 5
of the Property, the state of title of the Property, the condition of the Property, or the
anticipated income, costs, or profits, if any, to be derived from the Property.
GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES
WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED, INCLUDING, BUT
WITHOUT LIMITATION, AS TO THE DESCRIPTION, TITLE, VALUE, QUALITY
AND PHYSICAL CONDITION OF THE PROPERTY AND/OR IMPROVEMENTS
LOCATED THEREON, THE NATURE OF THE PAST OR HISTORIC USE OF THE
PROPERTY, MERCHANTABILITY OR FITNESS FOR PURPOSE OF ANY OF THE
PROPERTY. Grantee further acknowledges that, in accepting this Deed Without
Warranty, it has relied solely upon its independent evaluation and examination of the
Property, and public records relating to the Property and the independent estimates,
computations, evaluations and studies based thereon.
THE CONVEYANCE OF THE PROPERTY SHALL BE ON A "WHERE IS",
"AS IS", AND "WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT
REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESSED,
STATUTORY OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO
TITLE, THE DESCRIPTION, AND PHYSICAL CONDITION OF THE PROPERTY
AND/OR IMPROVEMENTS LOCATED THEREON, THE NATURE OF THE PAST
OR HISTORIC USE OF THE PROPERTY, QUALITY, VALUE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR OTHERWISE.
Grantor, for the consideration stated above, grants, sells, and conveys to Grantee
the Property, to have and to hold it to Grantee and Grantee's successors and assigns
forever, without warranty, express or implied, statutory or otherwise, and all warranties
Gift Deed Without Warranty Page 2 of 5
that might arise by common law and the warranties created by Section 5.023 of the Texas
Property Code (and all amendments and successors thereto) are expressly excluded.
EXECUTED THIS _jj�k_ DAY OF OCTOBER, 2006.
GRANTOR:
corporation
Name:/M "7-OW
Title: a . _ >!
State of Texas
County of Lubbock §
This instrument_was acknowle ed before me on this day of October, 2006 y
of H and T Corporation, a
7
core tion.
tpRY PL
BOBBIE S. FERTIG
Nota F
�' : State of Texas
�o� rt�+r Carm�ss�on ExPes 08-17-2009
Gift Deed Without Warranty
Not ry Public. State of T&--
My commission expires:
Page 3 of 5
GRANTEE:
CITY OF LUBBOCK
/I,
DAVID A. MVLER, MAYOR
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Dave Booher, Right -of -Way Agent
APPROVED AS TO CONTENT:
� VCGs' �► � � V `�71vt�
Dan Dennison, Dir for of Environmental Compliance
APPROVED AS TO FORM:
Richard K. Casner, First Assistant City Attorney
Ucityatt/Richard/GiftDeedWithoutWarranty-H&T Corp
October 3, 2006
Gift Deed Without Warranty Page 4 of 5
Exhibit "A"
All of Lots One (1), Two (2), Three (3), Four (4) and Five (5), Block Eleven (11),
OVERTON Addition to the City of Lubbock, Lubbock County, Texas, according to the
Map, Plat, and/or Dedication Deed thereof recorded in Volume 19, Page 56, Deed
Records of Lubbock County, Texas; refiled by instrument in Volume 19, Page 568, Deed
Records of Lubbock County, Texas Lubbock Abstract & Title Company.
Gift Deed Without Warranty Page 5 of 5
Environmental Site Assessment
Phase I Investigative Report
ADDRESS:
City of Lubbock block bound by:
Broadway, Ave Q, 13t' Street, and Ave R
DATE:
March 8, 2006
Prepared For:
BUSINESS DEVELOPMENT
Prepared by:
ENVIRONMENTAL COMPLIANCE
No Text
Table of Contents
Section Subject
Executive Summary
1.0 Scope and Purpose
2.0 Site Description
3.0 Historical Review
4.0 Site Reconnaissance
5.0 Interviews
6.0 Regulatory Agency Review
7.0 Findings
Appendix A
Appendix B
Appendix C
Appendix D
Site Map
Flood Map
Aerial Photographs
Site Photographs
2
Page
3
5
6
7
9
9
10
11
13
15
17
24
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Executive Summary
The subject property of this investigation is the city block in Lubbock, Texas
bound by Broadway, Ave Q, 13 th Street, and Ave R (i.e. Talkington property).
P rty).
The purpose of this environmental site assessment (ESA) is to identify the
Presence of conditions on or near the subject property that are indicative of
releases or threatened releases of hazardous substances. The intent of the
assessment is to qualify the purchaser for liability defenses allowed under state
and federal environmental law. The City of Lubbock Environmental Compliance
February 28, 2006.
Department performed this ESA during the period of time January 23 to
The assessment included:
• Visual observations of the subject and surrounding properties.
• Review of databases and other records of businesses and persons
involved in environmentally regulated activities.
• Review of other public records including aerial photographs, city
directories, and fire insurance maps.
The following are the findings of the assessment:
• A gasoline filling station and vehicle repair garage operated on the subject
property from -1939 to -1970 (1701 Broadway). Records documenting
the removal of underground petroleum storage tanks could not be found.
• A photography business operated on the subject property from -1960 to
-1995 (Reeves Photo Lab, basement of 1719 Broadway).
• 1210 Ave Q is currently used by the owner's representative (David
McNeese) for storage of pesticides, fertilizers and gasoline powered
landscaping equipment, and storage of an industrial vacuum used to clean
car wash grit trap sludge.
• For various lengths of time gasoline filling stations and/or vehicle repair
garages operated on properties adjoining the subject property to the
northeast, east, and southeast.
• Between -1934 and -1965 a retail dry cleaners operated on a
neighboring property to the north. Another dry cleaners operated for a
shorter period across the street to the east
• A documented leaking petroleum storage tank (LPST) site exists and
continues to operate as a gasoline filling station and vehicle repair garage
3
J,,
t
immediately east of the subject property (Logan's Automotive, 1219 Ave
Q).
• Many of the interior building materials used in the construction of the 1210
through 1220 Ave Q building (floor tile, acoustic ceilings, etc.) are
suspected of containing asbestos.
This assessment is limited to the extent that it does not include:
• Interviews with property owners and occupants.
• A title search, including a search for environmental liens.
• Any specialized knowledge that may be known by the potential purchaser
(City) and not divulged to the assessor (Mr. Claybrook), including details
regarding final contract agreements.
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1.0 Scope and Purpose
Purchasing contaminated properties without conducting environmental "due
diligence" can involuntarily enter the purchaser into a legal loop of responsibility,
regardless of any real culpability on the part of the purchaser. In order to
prevent assumption of these kinds of environmental liabilities and, in addition,
identify conditions that from a business perspective may be considered by
management to be unacceptable, City of Lubbock policy (# 48.1) requires that a
phase 1 environmental site assessment (ESA) be performed for any real
property considered by the City for purchase, lease, transfer, acceptance as a
gift, etc.
The City is currently contemplating the acquisition of property and
improvements located in Lubbock, Texas bound within the city block of
Broadway, Ave Q, 13th Street, and Ave R.
This report summarizes the findings of a limited phase 1 environmental site
assessment (ESA) performed by the City Environmental Compliance
Department for the above named property, herein referred to as the "subject
property". The goal of this ESA is to qualify the City for liability defenses allowed
under the Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA) by performing 'all appropriate inquiry' into the presence
of conditions on or near the subject property that are indicative of releases or
threatened releases of hazardous substances. It is the intent of this
investigation to contribute to a body of knowledge that City Council and
management will use to make informed decisions regarding ownership of the
subject property.
It is important to note that this investigation does not satisfy the minimum
requirements of a typical phase 1 ESA and is therefore limited because the
following was not included in the assessment:
❑ Interviews with all property owners, tenants, or others familiar with the
property.
❑ A title search, including a search for environmental liens.
❑ A comparison of the property's sales price, that if significantly less than
market value, may be some indication of the environmental condition of
the property.
❑ Any specialized knowledge the purchaser may have regarding the subject
property that was not divulged to the investigator.
s
No Text
❑ Comprehensive surveys for identification of asbestos containing buildin
materials and lead -based paint. g
❑ Identification of environmental conditions considered de minimis, defined
as posing no material risk to human health or the environment and not
subject to regulatory enforcement actions.
❑ Information about the uses of the subject property prior to 1930 (data
gap).
This ESA documents visual observations of the subject property and a review of
available public records. As is the protocol for phase I ESAs, no testing of soil,
surface or groundwater or any other environmental media was conducted.
However, if it is determined that further investigation is required to delineate and
quantify environmental conditions at the site, soil and water sampling and
related analytical testing could be performed under a phase II ESA.
This assessment follows guidelines established by the Environmental Protection
Agency (EPA) and ASTM International for Phase I Environmental Site
Assessments. This investigation was performed and report was prepared as
stipulated in the proposed rules governing All Appropriate Inquiry (40 CFR
§312).
Note: Even though "petroleum products" are excluded from the CERCLA
other environmental laws, the release or threatened release of petroledefinition of "hazardous substances", because of compliance issues related to
products is considered within the scope of this investigation. um
2.0 Site Description
The subject property is located in the vicinity of the following coordinates:
latitude (north) 33.584300, longitude (west)101.855300. The parcel of land and
Addition to the City of Lubbock, Lubbock County, Texas. (See
improvements is legally described as Block 11, Lots 1 - 10 of the Overton
Site Map). Appendix A —
Improvements to the subject property include a commercial strip shop
ping
center facing Ave Q to the east, four private homes on the south and west side
of the block, and a commercial building and large basement in the middle north
side of the block.
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The topography of the subject property is generally flat sloping to the east.
Elevation of the site is -3,201 feet above mean sea level.
The subject property is not in the 100-year flood plain. (See Appendix B - Flood
d
3.0 Historical Review
Historical information regarding the subject property was obtained through
review of commercial city directories, aerial photography, and fire insurance
maps.
The City of Lubbock maintains copies of commercial city directories dating back
to 1930. City directories were reviewed as part of this assessment to identify
businesses and occupants in the subject and surroundin
have engaged in activities that have 9 properties that may
following information is notable: typically utilized hazardous materials. The
1640 Broadwav
,YG41V-T,:r
2000
t
�ds�man uil Go
1656 Broadwa
1955
1965
Woo Tire Co
1970
Claude's Service Station
Enco Service Station
1657 Broadwa
1934
1945
Continental Oil
1970
Patterson Service Station
1980
Gammill Service Station
Conoco Service Station
1658 Broadway
1939
reeness Cleaners
1661 Broadwav 1990
Eull�r vnit,as Products
7
No Text
1706 Broadway
Lubbock Paint
1708 Broadwav 1939 to 1900
- - - Stir ison Cleaners
1719 Broadwav* 1955 to 1995
"" `" ' ��� Reeves Photo Lab
1958, 1970, 1975, 1986, 1995 and year 2000 aerial photographs of the subject
and surrounding properties were reviewed in order to evaluate historical la d
uses (See Appendix C — Aerial Photographs). All of the structures that exist on
the property today can be seen in the 1958 aerial photograph. Several buildings
can be seen in the 1958 photograph that have since been demolished (e.g.
commercial buildings on the northwest and northeast corners of the block) . In
the 1970 photograph, the gasoline filling station southeast of the subject
property (northwest corner of 13th Street and Ave Q) has been replaced by
public space, which exists today. Sometime between 1975 and 1986 the
gasoline service station immediately east of the subject property was taken out
of service. The gasoline filling station that formerly existed on the northeast
corner of Broadway and Ave Q is visible in the 1986 photograph. By 1995 it has
been demolished and replaced by the current monument and memorial to t
he
victims of the tornado of May 1970. By the time the year 2000 aerial was taken
the commercial building on the northwest corner (1723 Broadway) of the subject
property had been demolished.
Sanborn® fire insurance maps were also reviewed as part of this assessment.
The location of the petroleum storage tanks for the previously identified gasoline
stations are clearly noted on the fire insurance maps. Nothing else remarkable
was learned from the fire insurance maps.
4.0 Site Reconnaissance
The phase 1 investigator conducted a visual inspection of the subject property
on February 3, 2006, and again on March 8, 2006 (See Appendix D — Site
Photographs). The purpose of these site visits were to investigate and
document surface conditions, identify improvements and appurtenances, and
investigate potential environmental concerns through visual observation.
H&T Co. employee David McNeese provided access to the interior space of the
shopping center (1210 —1220 Ave Q), which is currently anchored by Brother's
Furniture. The investigator entered no other subject property buildings during
the assessment. g
Mr. McNeese currently uses the northern portion of the shopping center (1210
Ave Q) for storage of pesticides, fertilizers and lawn care equipment, including
riding lawn mowers and weed trimmers. In addition, an industrial vacuum, used
for cleaning car wash grit traps, is stored in the building.
The following adjoins the subject property: commercial property to the north,
east and south, and commercial and residential properties to the west.
From the vantage point of the public right-of-way there was no clear evidence of
chemical spills or staining on the subject property. There was no visual
evidence of the presence of underground tanks such as vent stacks or fill pipes.
There was no evidence of illegal dumping on the subject property.
5.0 Interviews
The principle owners of the subject properties were not interviewed as part of
this assessment.
The investigator visited briefly with property overseer Mr. McNeese regarding
the history and prior uses of the subject property. Other than the most recent
occupation of the northern portion of the shopping center by Hugo Reed and
Associates, and the current occupancy of Brothers Furniture in the southern
portion, Mr. McNeese was unaware with the history and prior uses of the
property.
2
The Lubbock office of the Texas Commission on Environmental Quality (TCEQ)
was contacted regarding the status of underground petroleum storagtanks on
and around the subject property. TCEQ Petroleum Storage Tank Program
Investigator Wayne Kohout said that TCEQ has no record of the removal of
underground storage tanks that are documented to have existed on the
northeast corner (1701 Broadway) of the subject property. He said the site re -
dates petroleum storage tank regulations. p
According to a City of Lubbock demolition permit taken out by Matthews
Backhoe on June 7, 2004, they demolished the building(s) and appurtenances
located at 1701 Broadway. Holly Matthews with Matthews Backhoe indicated in
a phone conversation on February 27, 2006 that underground storage tanks
were not removed as part of this project nor was that part of the scope of work.
6.0 Regulatory Agency Review
A review of data from environmental regulatory agencies was conducted in
order to identify regulated entities in the area that may be currently, or
previously engaged in activities involving hazardous materials and petroleum
Products. Examples of those regulated activities include landfills, gasoline
stations, dry cleaners, hazardous waste generators, hazardous waste disposal
facilities, Brownfields and Superfund sites. The following regulated entities were
identified in the general vicinity of the subject property:
The
CORRACTS' sites wprp
The following Small Quantity rPncr!m#^,, 1Cr%^2. _.,_
of the
2 CORRACTS is a list of hazardous waste handlers with a history of RCRA Corrective Action Activity.
i SQG: Registered Small Quantity Generators of hazardous waste (generate between 220 and 2,200
month). This data comes from the Resource conservation and Recovery Information System (RCRI ). of waste per
10
AB Dick Companv
Sunbeam Service Inc
Wells Farao
1420 Avenue Q
1515 Avenue Q
1500 Broadwav
0to1/8mileS
1/8 to''/. mile S
1/8 to'/. mile E
The following Petroleum Storage Tank (PST3) sites were identified within'/. mile of the
subject property
The following Leaking Petroleum Storage Tank (LPST4) sites were identified within % mile of
the subject property
7.0 Findings
The purpose of this assessment was to identify the presence of conditions on
the subject and surrounding properties that are indicative of releases or
threatened releases of hazardous substances. The following are the findings of
this investigation: g
' PST: The Petroleum Storage Tank site database contains a list of currently registered under ound
locations. This data comes from the TCEQ Petroleum Storage Tank Database. petroleum storage tank
' LPST: The Leaking Petroleum Storage Tank Incident Reports contain an inventory of reported leaking underground
storage tank incidents. This data comes from the TCEQ Leaking petroleum Storage Tank Database,
11
• A gasoline filling station and/or vehicle repair business operated on the
subject property (1701 Broadway) from N1939 to -1970. Records
documenting the proper removal of the underground petroleum stora e
tanks and release determination could not be found. g
• A photography business operated on the subject ro e
in above and
below ground (large basement) facilities from tort 1995 (Reeves
Photo Lab, 1719 Broadway).
• 1210 Ave Q is currently used by the owner's representative (Mr. David
McNeese) for storage of pesticides, fertilizers and gasoline powered
landscaping equipment, and storage of an industrial vacuum used .to clean
car wash grit trap sludge.
• For various lengths of time in the past gasoline filling stations and/or
vehicle repair garages operated on properties adjoining the subject
property to the northeast, east, and southeast.
• Between -1934 and -1965 a retail dry cleaners (Stinson Cleaners)
operated on a neighboring property to the north. Another retail dry
cleaning business (Peerless Cleaners) operated for at least one year
(1939) and possibly more on the property immediately east of the subject
property.
• A documented leaking petroleum storage tank (LPST) site exists and
continues to operate as a gasoline filling station and vehicle repair garage
immediately east of the subject property (Logan's Automotive, 1219 Ave
Q).
• Many of the interior building materials used in the construction of the 1210
through 1220 Ave Q building (vinyl floor tile, acoustic ceilings, etc.) are
suspected of containing asbestos.
1, Steven K. Claybrook, having performed this phase 1 Environmental Site
Assessment and prepared this investigative report and declare that to
of my knowledge and understanding that I meet the definition of an the best
Environmental Professional as defined in the proposed EPA rule 40 CFR
§312.10. 1 have the special qualifications based on my education, training and
experience to assess a property such as the subject of this report. I have
developed and performed all appropriate inquiries in conformance with the
standards and practices set forth in the EPA proposed rule 40 CFR 312.
Signed: Date: 3 a�
12
Appendix A - Site Map
13
1220 Ave Q
Lubbock County, TX
Date: 7 March 8, 2006
Source: MapQuest, Inc.
Location Map
Scale: N/A
Appendix B - Flood Map
15
' mow'`""" �� aaarw�w+►..�
�_ Mrr�bbM4diMIr � +IO.�.rwr,ri.
t.:.t uaar.w.
1220 Ave Q
Lubbock County, TX
F - . - - I
Date: March 8, 2006
Source: Environmental Data
Resources, Inc.
Flood Map
Scale: N/A
Appendix C - Aerial photographs
17
1220 Ave Q
Lubbock County, TX
Date: March 8, 2006
Source: City of Lubbock
Engineering
Aerial Photograph 1958
Scale: N/A
No Text
1220 Ave Q
Lubbock County, TX
Date: March 8, 2006
Source: City of Lubbock
Engineering
Aerial Photograph 1975
Scale: N/A
1220 Ave Q
Lubbock County, TX
Date: March 8, 2006
Source: City of Lubbock
Engineering
Aerial Photograph 1986
Scale: N/A
Ot
1W
m 54,
—me
41,
�41
zj, -777,7 Subject Property
IV
7
A--.4
IV
4
F�
'�E4
1220 Ave Q
Lubbock County, TX
Date: 7 March 8, 2006
Source: City of Lubbock
Engineering
Aerial Photograph 2000
Scale: N/A
C
------ Nu V1 U1C suvject property.
. r ---v--........v %IUOL kPIYG Y),
24
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- - - ----.,-"".YJ Ul Ulu suoject property.
25
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w F
C
. __ ...._ a_ uv —11WOwall bV111G1 k11za nroaaway) of the subject properly.
..— -_ "I%, ouvjwL N1 VNcny nurn me west (Ave K).
26
• Ivvv Vl u1G avuulvvvalvlll WII1Gi k1 1L-t 1.3 o reey oI the suoject property.
• w— va uav ouVJwa. FnVF;cl1Y "Vlll Mr. JVUIII k1J JtreeCJ.
27
No Text
Lots 1-5, Block 11, Overton Addition
0 60 100 160 200 260
Feet
CITY OF LUBBOCK
MEMO
TO: Rob Allison
FROM: Aubrey Long
DATE: February 7, 2006
SUBJECT: Building Inspection at 13'6 and Ave Q
A walk through inspection was performed by Greg Zielinski one of our inspectors at your
request for the "Brothers Furniture" store and two additional attached buildings. The following
report is based on the results of that inspection.
South Building:
The mortar joints on the exterior of the north rear side showed signs of erosion. Rain gutters on
the south side of the building are built into the wall and the spouts at the bottom allow water to
pond at the foundation and not drain away. The southwest corner brick is cracking and has been
repaired. There is water damage on the ceiling. The HVAC system appears to be new. There
are multiple services and some older ones are inside the building.
North Building:
There are water spots on the ceiling that indicate roof leaks. Minor electrical violations such as
open ocover plates, older
made upanels. Restrooms are not ADA accessible. Roof structure is
p off 2x8 or 2xl 0 joists at 24-inch separation. Deflection of roof structural members is
possible, especially in locations that the roof has leaked over extended periods of time. The
HVAC system is older and probably not energy efficient.
Middle Building:
Plywood on the exterior wall at the back of the building's not weather proofed. A tree stamp is
growing into the plywood wall. This structure has a newer HVAC system. There is water
damage on the ceiling.
The inspector rated the overall condition of the facilities as fair to good. The condition of the
roof was not determined. Of course there may be other code issues arise after it is determined
what the occupancy use will become, and a full plan review is made.
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