HomeMy WebLinkAboutOrdinance - 2011-O0051 - Prohibiting Potable Use Of Designated Groundwater. Restricting Non-Potable Uses. - 06/23/2011default000.pdf http://streamserv/citysec/default000.pdf
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First Reading
June 23, 2011
Item No. 6.1
ORDINANCE NO. 2011-00051
Second Re 20tng
July 14, 1
Item No. 5.7
AN ORDINANCE PROHIBITING THE POTABLE USE OF DESIGNATED
GROUNDWATER AND RESTRICTING THE NON-POTABLE USE OF
GROUNDWATER FROM BENEATH THE PROPERTY OF THE FORMER FIRE
TRAINING ACADEMY AND MACKENZIE PARK LOCATED NEAR
MUNICIPAL DRIVE AND NORTH ASH DRIVE IN LUBBOCK, TEXAS, MORE
PARTICULARLY DESCRIBED AS A 159.96 ACRE TRACT OR PARCEL OF
LAND OUT OF AND PART OF SECTIONS 1, 79, AND 80, BLOCK A,
LUBBOCK COUNTY, TEXAS; PROVIDING FOR A PENALTY; PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
WHEREAS, pursuant to Article 22.10 of the Code of Ordinances of the City
of Lubbock, the City of Lubbock has requested to designate the property of the
fonner fire training academy and Mackenzie Park located near Municipal Drive and
North Ash Drive in Lubbock, Texas, more particularly described as a 159.96 acre
tract or parcel of land out of and part of Sections 1, 79, and 80, Block A, Lubbock
County, and even more particularly described by metes and bounds in Exhibit A
which is attached hereto and incorporated herein as though set forth fully with a
municipal settings designation;
WHEREAS, the groundwater beneath the property described in Exhibit A is
contaminated with certain contaminants as outlined and described in Exhibit B, which
is attached hereto and incorporated herein as though set forth fully herein;
WHEREAS, the use of municipal setting designations within the corporate
limits of the City of Lubbock and its extraterritorial jurisdiction allows for a state-
evaluated corrective action process for groundwater that is directed toward protection
of human health and the environment balanced with the economic welfare of the
citizens of the City;
WHEREAS, where public drinking water is available, the potable use of
groundwater in designated areas should be prohibited to protect public health, safety,
and welfare when the quality of the groundwater presents an actual or potential threat
to human health;
WHEREAS, pursuant to Section 22.10.005 of the Code of Ordinances of the
City of Lubbock, City of Lubbock staff has reviewed the application that was filed
with the City Secretary;
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WHEREAS, pursuant to Sections 22.10.006 and 22.10.007 of the Code of
Ordinances of the City of Lubbock, the Director of Water Utilities has detennined
that the application by the City of Lubbock is complete, scheduled a public hearing
and caused the publication of same, and caused the erection of one sign on the
property stating that a municipal settings designation has been requested along with
appropriate contact information;
WHEREAS, pursuant to Section 22.10.008 of the Code of Ordinances of the
City of Lubbock, a public hearing was held whereby the public was allowed an
opportunity to provide input to help determine whether a municipal settings
designation would be appropriate for the property described in Exhibit A and whether
using groundwater for potable use within the municipal settings designation be
prohibited and whether the non-potable use of the groundwater should be restricted;
and
WHEREAS, the City Council of the City of Lubbock deems it to be in the
best interest of the public, health and safety of the citizens of the City of Lubbock to
approve the application for a municipal settings designation for the property
described in Exhibit A thus prohibiting the potable use of the groundwater beneath
the described property and restricting the non-potable use of the groundwater beneath
the described property; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: THAT the property of the former fire training academy and
Mackenzie Park located near Municipal Drive and North Ash Drive in Lubbock,
Texas, more particularly described as a 159.96 acre tract or parcel of land out of and
part of Sections I, 79, and 80, Block A, Lubbock County, and being more particularly
described by metes and bounds description in Exhibit A which is attached hereto and
incorporated herein as though set forth fully herein be granted a municipal settings
designation.
SECTION 2: THAT the potable use of the groundwater beneath the property
described in Exhibit A is strictly prohibited.
SECTION 3: THAT the non-potable use of the groundwater beneath the
property described in Exhibit A is restricted to non-potable purposes including
sampling and remediation and other non-potable uses not identified herein but agreed
to by the City by and through the Director of Water Utilities or the Director's
designee.
SECTION 4: THAT any person who knowingly violates any provision of this
ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by
a fine up to the maximum amount allowed by state law.
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SECTION 5: THAT the City Council finds and declares that sufficient
written notice of the date, hour, place, and subject of this meeting of the Council was
posted at a designated place convenient to the public at the City Hall for the time
required by law preceding this meeting, that such place of posting was readily
accessible at all times to the general public, and that all of the foregoing was done as
required by law at all times during which this Ordinance and the subject matter
thereof has been discussed, considered, and formally acted upon. The City Council
further ratifies, approves, and confirms such written notice and the contents of posting
thereof.
SECTION 6: THAT should any paragraph, sentence, clause, phrase, or word
of this Ordinance be declared unconstitutional or invalid for any reason, the
remainder of this Ordinance shall not be affected thereby.
SECTION 7: THAT the City Secretary is hereby authorized and directed to
cause publication of the descriptive caption of this Ordinance as an alternative
method of publication provided by law.
AND IT IS SO ORDERED
Passed by the City Council on first reading this ---=Ju=.:n~e:;._::2=3 ____ __,, 2011.
Passed by the City Council on second reading this __ ..... J ...... u ..... J y_,1...,.,4,___ ___ ____,, 2011.
TOM MARTIN, MAYOR
ATTEST:
RSc*.~:, City Secre%6
i:.TY A mLaura\Ordinances\MSD -Former Fire Training Academy
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EXHIBIT A
159.96 ACRES
MUNICIPAL SETTING DESIGNATOR TRACT
CITY OF LUBBOCK (MACKENZIE PARK)
DESCRIPTION
Ordinance No. 2011-00051
FNNO 016
OCTOBER 20, 20 I 0
JOB NO. 10054
OF A 159.96 ACRE TRACT OR PARCEL OF LAND OUT OF AND PART OF SECTIONS 1, 79
AND 80, BLOCK "A", SITUATED IN LUBBOCK COUNTY, TEXAS, AND BEING A PORTION
OF THAT PROPERTY DESCRIBED AS TRACT 2, 445.938 ACRES OF LAND CONVEYED TO
THE CITY OF LUBBOCK , BY THAT DEED FOUND RECORDED IN VOLUME 4116, PAGE
124 OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS, A PORTION OF TRACT
"A", MUNICIPAL HILL ADDITION TO THE CITY OF LUBBOCK, A SUBDIVISION OF
RECORD IN VOLUME 1795, PAGE 282 OF THE SAID DEED RECORDS, AND A PORTION
OF THE MUNICIPAL DRIVE RIGHT-OF-WAY, A DEDICATED PUBLIC ROADWAY
(RIGHT-OF-WAY VARIES) AND THE NORTH ASH DRIVE RIGHT-OF-WAY, A
DEDICATED PUBLIC ROADWAY (RIGHT-OF-WAY VARIES), THE SAID 1S9.96 ACRES
ALSO BEING A PORTION OF SECTIONS 1, 79 AND 80, BLOCK "A" OF THE CITY OF
LUBBOCK, LIBBOCK COUNTY, TEXAS; THE SAID 159.96 ACRES INTENDED TO BE
UTILIZED AS A MUNICIPAL SETTING DESIGNATOR (MSD) TRACT AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a ½ inch iron rod with a plastic surveyor's cap (Hugo Reed Associates) found for the
most easterly, northeast comer of the above mentioned Tract 2, 445.938 acre tract conveyed to the City of
Lubbock, same being an interior ell comer in the west line of that tract described as Tract 1, 179 .072
acres, in that deed to C. S. Investments, in that deed found recorded in Volume 7177, at Page 99 of the
Official Public Records of Lubbock County, Texas;
THENCE, going along the east line of the said Tract 2, 445.938 acre City of Lubbock tract., same being
the west line of the said Tract I, C. S. Investments tract, the following four
(4) courses and dist:ances:
1) S03°45'31"W, a distance of963.33 feet to a½ inch iron rod with a surveyors cap (Hugo Reed
Associates), found for the point of curvature of a non-tangent curve to the left; the radius point of
said curve to the left bears S86° 11 '33 "E, a distance of 1121.18;
2) along the arc of the said curve to the left, having a radius of 1121.18 feet, through a central angle
of 15°20'49", a chord distance of 299.41 feet (chord bears S03°51 '58"E), an arc distance of
300.31 feet to a ½ inch iron rod with a surveyors cap (Hugo Reed Associates) found for the point
of tangency;
3) S03°45'50"W, a distance of 281.18 feet to a ½ inch iron rod with a surveyors cap (Hugo Reed
Associates), found for an angle point of the tract described herein; and,
4) S05°32'42"E, a distance of 440.14 feet to a½ inch iron rod with a surveyors cap (Hugo Reed
Associates), found at a fence corner for the southeast corner of the tract described herein;
THENCE, leaving the east line of, and going over, across and through the said Tract 2, 445.938 acre
tract, the following thirteen (13) courses and distances:
I) S74°34'33"W, a distance of 1322.31 feet to an 80D-Nail set near the top of a small bluff, and
near a cart path within a Golf Course for an angle point of the tract described herein;
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tr f c/9 ~CRES
AGE TWO
)
2
)
3
4)
)
5
6)
7)
8)
9
)
10)
11)
12)
S37°17'29"W, a distance of 477.81 feet to an 80D-Nail set at the base of an angle post in a chain
link fence around a Golf Course for an angle point of the tract described herein;
S46°32'28"W, a distance of295.33 feet to an 80D-Nail set at the base ofan angle post in a chain
link fence around a Golf Course for an angle point of the tract described herein;
S65°45'58"W, a distance of 336.55 feet to Mag-Nail in concrete set at the base of an angle post
in a chain link fence around a Golf Course for the southern most comerof the tract described
herein;
N35°23'16"W, a distance of 129.62 feet to Cotton Gin Spindle set at the base of an angle post in
a chain link fence around a Golf Course for an angle point of the tract described herein;
N03°04'04"E, a distance of 514.13 feet to an 80D-Nail set in a chain link fence around a Golf
Course for an interior ell comer of the tract described herein;
N88°06'34"W, leaving the fence line around the Golf Course and continuing over, across and
through the said Mackenzie Park, a distance of 395.05 feet to an 80D-Nail set at the base of an
angle post in a chain link fence around a softball field for an angle point of the tract described
herein;
S68°04'45"W, a distance of268.22 feet to an 80D-Nail set at the back of a concrete curb on the
northeasterly line of the Caesar Chavez access road to Mackenzie Park off of Municipal Drive,
and the northwesterly side of an intersection with an interior park road, said point being an angle
point of the tract described herein, and a point of non-tangency with a curve to the right; the
radius point of said curve to the right bears N08°03 '31 "E, a distance of 87 .25 feet;
going along the back of curb on the northeasterly line of the said Park access road, along the arc
of the said curve to the right, having a radius of 87 .25 feet, through a central angle of 38°58' 46",
a chord distance of 58.22 feet (chord bears N62°27'06"W), an arc distance of 59.36 feet to a
calculated point for the point of tangency;
continuing along the back of curb, NS7°23'40"W, a distance of 18.59 feet to a calculated point
for the point of curvature of a curve to the left; the radius point of said curve to the left bears
S30°18'23"W, a distance of 651.41 feet;
continuing along the back of curb on the northeasterly line of the said Park access road, along the
arc of the said curve to the left, having a radius of 651.41 feet, through a central angle of
11°31'31", a chord distance of 130.81 feet (chord bears N65°27'23"W), an arc distance of
131.03 feet to a calculated point for the point of tangency;
continuing along the back of curb, N75°05'42"W, a distance of 26.46 feet to a calculated point
for the point of curvature of a curve to the right; the radius point of said curve to the right bears
N19°58'23"E, a distance of235.06 feet; and,
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FN-016
159.96 ACRES
PAGE THREE
13) continuing along the back of curb on the northeasterly line of the said Park access road, along the
arc of the said curve to the right, having a radius of 235.06 feet, through a central angle of
42°56'49", a chord distance of 172.10 feet (chord bears N48°33'12"W), an arc distance of
176.20 feet to a calculated point for the point of intersection with the south line of that tract
described as 2.55 acres in that deed to the Texas Department of Transportation (TxDot), of record
in Volume 284, Page 03 of the said Deed Records of Lubbock County, Texas, same being the
most northerly, northwest line of the said City of Lubbock, Tract 2,445.938 acre tract, and being
in or near the southeasterly right-of-way line of Municipal Drive, a dedicated public roadway
(right-of-way varies - l 00 foot wide at this point as per instrument of record in Volume 192, Page
524 of the said Deed Records), said point being an exterior ell corner of the tract described
herein, and a point of non-tangency and reverse curvature with a curve to the left; the radius point
of said curve to the left bears N31°19'55"W, a distance of 1004.31 feet;
THENCE, leaving the back of curb on the northeasterly line of the said Park access road, going along the
south line of the TxDot 2.5S acre tract, along the southeasterly right-of-way line of the said Municipal
Drive, along the arc of the said curve to the left, having a radius of 1004.31 feet, through a central angle
of 07°14'06", a chord distance of 126.73 feet (chord bears N55°03'02nE), an arc distance of 126.82 feet
to a½ inch iron rod with a plastic surveyors cap (Wilson Surveying) found for the southeast corner of the
said TxDot 2.55 acre tract, same being an interior ell comer of the tract described herein;
THENCE, Nl9°46'05"W, leaving the northwest line of the said City of Lubbock, Tract 2,445.938 acre
tract, going across the said Municipal Drive right-of-way, going along the northeasterly line of the said
TxDot 2.55 acre tract, passing at a distance of I 06.35 feet, the northwest right-of-way line of said
Municipal Drive, same being the southerly line of that tract described as Tract "A" in a subdivision plat of
record for Municipal Hill Addition to the City of Lubbock, Lubbock County, Texas, a subdivision of
record in Volume 1795, Page 282 of the said Deed Records of Lubbock County, Texas, continuing along
a common line between the said TxDot tract and the said Tract "A" for a total distance of 469.91 feet to
an eight inch steel comer fence post found for the northeast comer of the said TxDot 2.55 acre tract, same
being an interior ell comer of the said Tract "A" and an angle point of the tract described herein;
THENCE, N10°03'12',E, going across the said Tract "A", a distance of352.32 feet to an SOD-Nail at the
base of a chain link fence post set for an angle point of the tract described herein;
THENCE, N13°55'00"W, continuing across the said Tract "A", along or near the east edge of a caliche
lot area of a City of Lubbock maintenance yard which runs along the top of a bluff, a distance of 915.00
feet to a calculated point of intersection with a chain link fence which runs along or near the southerly
right-of-way of the Panhandle and Santa Fe Railroad, same being the northerly line of the said Tract "A",
said point being the northwest comer of the tract described herein;
THENCE, N66°58'44"E, going along the said fence, along or near the south right-of-way of the
Railroad, same being the northerly line of the said Tract "A", a distance of 1122.56 feet to a calculated
point of intersection with the curving, westerly edge of concrete, of the concrete and asphalt roadway of
North Ash Drive, a dedicated public roadway (100' right-of-way), said point being a northeasterly and
exterior ell comer of the tract described herein, and a point of non-tangency with a curve to the right; the
radius point of said curve to the right bears S63°43'36"W, a distance of978.29 feet;
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FN-016
159.96 ACRES
PAGE FOUR
THENCE, leaving the south right-of-way line of said Panhandle and Santa Fe Railroad, going along the
westerly edge of the concrete and asphalt roadway of North Ash Drive, along the arc of the said curve to
the right, having a radius of 978.29 feet, through a central angle of 46°57'31 ", a chord distance of 779.54
feet (chord bears S02°47'39"E), an arc distance of 801.79 feet lo a calculated point of intersection with
the northerly line of the above referenced City of Lubbock Tract 2, 445.938 acres, same being the
intersection of the pavement of Municipal Drive, for an interior ell comer of the tract described herein,
said point also being a point of curvature with a non-tangent curve to the left; the radius point of said
curve to the left bears N40°32'36"W, a distance of 1005.14 feet;
THENCE, leaving the pavement of North Ash Drive, going along the north line of the said City of
Lubbock Tract 2, 445.938 acres, same being along or near the south right-of-way line of said Municipal
Drive, the following four ( 4) courses and distances:
1) along the arc of the said curve to the left, having a radius of 1005.14 feet, through a central angle
of 07°22'27", a chord distance of 129.27 feet (chord bears N45°46'10"E), an arc distance of
129.36 feet to a½ inch iron rod with a surveyors cap (Hugo Reed Associates) found for the point
of tangency;
2) N42°04'57"E, a distance of 1219.31 feet to a½ inch iron rod with a surveyors cap (Hugo
Reed Associates), found for an angle point of the tract described herein;
3) N48°22'26"E, a distance of 175.65 feet to a½ inch iron rod with a surveyors cap (Hugo Reed
Associates), found for an angle point of the tract described herein; and,
4) N54°20'06"E, a distance of 165.78 feet to a½ inch iron rod with a surveyors cap (Hugo Reed
Associates), found next to a steel post fence comer for the most northerly comer of the tract
described herein, and the northeast comer of a chain link fence around a municipal golf course;
THENCE, leaving the southerly line of Municipal Drive, continuing along the northerly line of the said
City of Lubbock Tract 2, 445.938 acres, and along the chain link fence around the said municipal golf
course, the following two (2) courses and distances:
1) S20°40'22"E, a distance of 784.96 feet to a one inch iron rod next to a steel post fence comer
found for an interior ell comer of the tract described herein; and,
2) N88°03'01"E, a distance of 123.02 feet to a½ inch iron rod with a surveyors cap (Hugo
Associates), found for an interior ell comer of the tract described herein;
Reed
THENCE, leaving the fence line around the said golf course, continuing along the northerly line of the
said City of Lubbock Tract 2, 445.938 acres, the following two (2) courses and distances:
1) N29°11 '58"E, a distance of 554,35 feet to a ½ inch iron rod with a surveyors cap (Hugo Reed
Associates), found near the center of an alley in Block 8 of Meadowbrook Villa, a subdivision of
record in Volume 207, Page 159 of the above referenced Deed Records of Lubbock County,
Texas, for an exterior ell comer of the tract described herein; and,
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FN~016
159.96 ACRES
PAGE FIVE
2) S81°30'17"E, a distance of 437.35 feet to the POINT OF BEGJNNING, containing 159.96
Acres of land area, more or less, within these metes and bounds. The basis of bearing being post-
processed Static GPS observations; i.e. Geodetic, or True-North. A drawing has been prepared in
connection with these fieldnotes, it is identified as AMD Engineering drawing No. l 0054 MACKENZIE
PARK MSD BNDRY.DWG.
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS §
COUNTY OF LUBBOCK §
THAT I, LYNN R. SAVORY, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY
CERTIFY THAT THE ABOVE DESCRJPTION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF AND THAT THE PROPERTY DESCRJBED HEREIN WAS
DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION.
WITNESS MY HAND AND SEAL AT LUBBOCK, LUBBOCK COUNTY, TEXAS THIS 26thDAY
OF OCTOBER, 2010
~v~ S ATE OF TEXAS NO. 45
AMO ENGINEERTNG, LLC
2807 74th Street; Suite 8
Lubbock, TX 79423
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10 of 19 3/18/2013 11:45 AM
Ordinance No. 2011 00051
EXHIBITB
Contaminant Summary
Former Fire Training Academy (FTA)-Lubbock, Texas
The data show that the groundwater at the proposed MSD is contaminated with the following
classes of chemicals greater than federal drinking water Maximum Contamination Levels
(MCLs), or the Texas Protective Concentration Levels (PCLs):
• Volatile Organic Compounds (VOCs)
• Metals
The following table indicates the highest concentrations greater than the MCLs or PCLs from the
most recent sampling events.
C urrent Contammant Summary -Highest C oncentrations above Regu atorv L1m1ts
MCL PCL Concentration Sample
Contaminant CAS# Class Location (mg/L) (mg/L) (mg/L) Date
Benzene 71-43-2 voe 0.005 0.005 0.107 MW-2 8121/2006
1,2-Dibromoethane (EDB) 106-93-4 voe 0.00005 0.00005 0.00007 MW-9 8/23/2006
ehlorobenzene 108-90-7 voe 0.10 0.10 0.572 MW-9 4/17/2006
1,4-Dichlorobenzene (para) 103-46-7 voe 0.075 0.o75 0.282 MW-9 4/17/2006
1,2,3-Trichlorobenzene 87-61-6 voe a 0.073 0.0812 MW-22 8/22/2006
1,2,4-Trichlorobenzene 120-82-1 voe 0.o7 0.07 0.720 MW-22 812212006
Total Arsenic 7440-38-2 Metals 0.01 0.01 0.0860 MW-13 11/13/2008
a = no MCL has been established for this specific contaminant
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Bryan W. Shaw, Ph.D., Chairman
Buddy Garcia, Commissioner
Carlos Rubinstein, Commissioner
Mark R. Vickery, P.G., Rtecutiue Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preuenting Pollution
February 14, 2012
Ms. Rebecca Garza, City Secretary
1625 13th Street, Room 206
Lubbock, Texas 79401
RECEIVED
FEB 2 4 2012
CITY SECRETARY
LUBBOCK, TEXAS
Re: Municipal Setting Designation Certification (MSD) for City of Lubeck, 102
Municipal Drive, Lubbock, TX; MSD No. 175
Dear Ms. Garza:
As required by TEX HEALTH & SAFETY CODE §361.807(a)(2), enclosed is a
copy of the MSD dated February 3, 2012. The City of Lubbock passed an
ordinance (Ordinance No. 2011-00051) in support of this MSD application. For
this reason, the Texas Commission on Environmental Quality is required to
provide you a copy of the MSD Certificate.
If you have any questions, please contact me at (512) 239-2960.
;!Jtr
R. Stuart Goldsmith, Project Manager
VCP-CA Section
Remediation Division
RSG/mdh
Enclosure: Copy of Municipal Settings Designation certificate
P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • www.tceq.texas.gov
How is onr r.1 stomer service? www.t eo.t xas.e:ov/e:oto/customersurvev
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·TEX-AS COMMISSION ON ENVIRONMENTAL QUALl1Y
MUNICIPAL SETI'ING DESIGNATION CERTIFICATE
As provided for in §361.807, Subchapter W, Texas Health and Safety Code (Solid Waste Disposal
Act):
I, Mark R. Vickecy, Executive Director of the Texas Commission on Environmental Quality
cer:tify the Municipal Setting Designation (MSD) for MSD No. 1751 in the Cify of Lubbock, for the
tract of land descnbed in Exhibit "A''. The ~ligibility requirements of Texas Realth and Safety
Code §361.803 are satisfied as attested to by the affidavit in Exhibit "B", provided pursuant to
Texas Health and Safety Code §361.804(b)(2)(D). This certificate shall continue in effect so long
as the institutional control required by Texas Health and Safety Code §361.8065 is maintained
in effect.
Any person· addressing environmental impaGts for a property located in the certified mm;u.cipal
setting designation sball complete any , necessary investigation and response action
requirements in accordance with ·Texas Health and Safety Code §361.808, m conjunction with
the applicable Texas Commission on Environmental Quality environmental remediation
regulation, as modified by Texas Health and Safety Co~l361.808.
EXECUTED this the}. day .of fdx:u
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159.96 ACRES
MUNICIPAL SETTING DESIGNATOR TRACT
CITY OF LUBBOCK (MACKENZIE PARK)
DESCRIPTION
FNNO 016
OCTOBER 20, 2010
JOB NO. I 0054
OF A 159.96 ACRE TRACT OR PARCEL OF LAND OUT OF AND PART OF SECTIONS 1, 79
AND 80, BLOCK "A", SITUATED IN LUBBOCK COUNTY, TEXAS, AND BEING A PORTION
OF THAT PROPERTY DESCRIBED AS TRACT 2,445.938 ACRES OF LAND CONVEYED TO
THE CITY OF LUBBOCK, BY THAT DEED FOUND RECORDED IN VOLUME 4116, PAGE
124 OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS, A PORTION OF TRACT
"A", MUNICIPAL HILL ADDITION TO THE CITY OF LUBBOCK, A SUBDIVISION OF
RECORD IN VOLUME 1795, PAGE 282 OF THE SAID DEED RECORDS, AND A PORTION
OF THE MUNICIPAL DRIVE RIGHT-OF-WAY, A DEDICATED PUBLIC ROADWAY
(RIGHT-OF-WAY VARIES) AND THE NORTH ASH DRIVE RIGHT-OF-WAY, A
DEDICATED PUBLIC ROADWAY (RIGHT-OF-WAY VARIES), THE SAID 159.96 ACRES
ALSO BEING A PORTION OF SECTIONS 1, 79 AND 80, BLOCK "A" OF THE CITY 01•
LUBBOCK, LIBBOCK COUNTY, TEXAS; THE SAID 159.96 ACRES INTENDED TO BE
UTILIZED AS A MUNICIPAL SETTING DESIGNATOR (MSD) TRACT AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a ½ inch iron rod with a plastic surveyor's cap (Hugo Reed Associates) found for the
most easterly, northeast corner of the above mentioned Tract 2,445.938 acre tract conveyed to the City of
Lubbock, same being an interior ell corner in the west line of that tract described as Tract I, 179 .072
acres, in that deed to C. S. Investments, in that deed found recorded in Volume 7177, at Page 99 of the
Official Public Records of Lubbock County, Texas;
THENCE, going along the east line of the said Tract 2, 445.938 acre City of Lubbock tract, same being
the west line of the said Tract I, C. S. Investments tract, lhc following four
(4) courses and distances:
I) S03°45'31"W, a distance of 963.33 feet to a½ inch iron rod with a surveyors cap (Hugo Reed
Associates), found for the point of curvature of a non-tangent curve to the left; the radius point of
said curve to the left bears S86° I 1 '33"E, a distance of 1121.18;
2) along the arc of the said curve to the left, having a radius of 1121.18 feet, through a central angle
of 15°20'49", a chord distance of 299.41 feet (chord bears S03°51'58"E), an arc distance of
300.31 feet to a½ inch iron rod with a surveyors cap (Hugo Recd Associates) found for the point
of tangency;
3) S03°45'50"W, a distance of 281. 18 feet to a ½ inch iron rod with a surveyors cap (I Iugo Reed
Associates), found for an angle point of the tn1ct described herein; and,
4) S0S032'42"E, a distance of 440.14 feet to a½ inch iron rod with a surveyors cap (Hugo Reed
Associates), found at a fence corner for the southeast corner of the tract described herein;
THENCE, leaving the east line of, and going over, across and through the said Tract 2, 445.938 acre
lract, the fol lowing thirteen ( 13) courses and distances:
1) S74°34'33"W, a distance of 1322.31 feet to an SOD-Nail set near the top of a small bluff, and
near a cart path within a Golf Course for an angle point of the tract described herein;
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159.9 J\CRES
PAGE TWO
E~hik;+ A ·~ _
MSO ~-11~
2) S37°17'29"\V, a distance of 477.81 feet to an 80D-Nail set at the base of an angle post in a chain
link fence around a Golf Course for an angle point of the tract described herein;
3) S46°32'28"W, a distance of 295.33 feet to an 80D-Nail set at the base of an angle post in a chain
link fence around a Golf Course for an angle point of the tract described herein;
4) S65°45'58"W, a distance of 336.55 feet to Mag-Nail in concrete set at the base of an angle post
in a chain link fence around a Golf Course for the southern most cornerof the tract described
herein;
5) N35°23'16"W, a distance of 129.62 feet to Cotton Gin Spindle set at the base of an angle post in
a chain link fence around a Golf Course for an angle point of the tract described herein;
6) N03°04'04"E, a distance of 514.13 feet to an 80D-Nail set in a chain link fence around a Golf
Course for an interior ell comer of the tract described herein;
7) N88°06'34"W, leaving the fence line around the Golf Course and continuing over, across and
through the said Mackenzie Park, a distance of 395.05 feet to an 80D-Nail set at the base of an
angle post in a chain link fence around a softball field for an angle point of the tract described
herein;
8) S68°04'45"\V, a distance of 268.22 feet to an 80D-Nail set at the back of a concrete curb on the
northeasterly line of the Caesar Chavez access road to Mackenzie Park off of Municipal Drive,
and the no1thwesterly side of an intersection with an interior park road, said point being an angle
point of the tract described herein, and a point of non-tangency with a curve to the right; the
radius point of said curve to the right bears N08°03'3 l"E, a distance of 87.25 feet;
9) going along the back of curb on the northeasterly line of the said Park access road, along the arc
of the said curve to the right, having a radius of 87.25 feet, through a central angle of 38°58'46",
a chord distance of 58.22 feet (chord bears N62°27'06"W), an arc distance of 59.36 feet to a
calculated point for the point of tangency;
10) continuing along the back of curb, N57°23'40"W, a distance of 18.59 feet to a calculated point
for the point of curvature of a curve to the left; the radius point of said curve to the left bears
S30°!8'23"W, a distance of 651.41 feet;
11) continuing along the back of curb on the northeasterly line of the said Park access road, along the
arc of the said curve to the left, having a radius of 651.41 feet, through a central angle of
11 °31 '31 ", a chord distance of 130.81 feet ( chord bears N65°27'23"W), an arc distance of
131.03 feet to a calculated point for the point of tangency;
12) continuing along the back of curb, N75°05' 42 "W, a distance of 26.46 feet to a calculated point
for the point of curvature of a curve to the right; the radius point of said curve to the right bea1·s
Nl9°58'23"E, a distance of235.06 feet; and,
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FN-016
159.96 ACRES
PAGE THREE
IIx.J,.:lo,'f HA~_
msD >Je. i7'5
13) continuing along the back of curb on the northeasterly line of the said Park access road, along the
arc of the said curve to the right, having a radius of 235.06 feet, through a central angle of
42°56'49", a chord distance of 172.10 feet (chord bears N48°33'12"W), an arc distance of
176.20 feet to a calculated point for the point of intersection with the south line of that tract
described as 2.55 acres in that deed to the Texas Department ofTranspo1tation (TxDot), of record
in Volume 284, Page 03 of the said Deed Records of Lubbock County, Texas, same being the
most northerly, northwest line of the said City of Lubbock, Tract 2, 445.938 acre tract, and being
in or near the southeasterly right-of-way line of Municipal Drive, a dedicated public roadway
(right-of-way varies -100 foot wide at this point as per instrument of record in Volume 192, Page
524 of the said Deed Records), said point being an exterior ell corner of the tract described
herein, and a point of non-tangency and reverse curvature with a curve to the left; the radius point
of said curve to the left bears N31 °19'5.5"\V, a distance of I 004.3 l feet;
THENCE, leaving the back of curb on the no1theasterly line of the said Park access road, going along the
south line of the TxDot 2.55 acre tract, along the southeasterly right-of-way line of the said Municipal
Drive, along the arc of the said curve to the left, having a radius of 1004.31 feet, through a central angle
of 07°14'06", a chord distance of 126.73 feet (chord bears N55°03'02"E), an arc distance of 126.82 feet
to a½ inch iron rod with a plastic surveyors cap (Wilson Surveying) found for the southeast corner of the
said TxDot 2.55 acre tract, same being an interior ell corner of the trnct described herein;
THENCE, N19°46'05''W, leaving the northwest line of the said City of Lubbock, Tract 2, 445.938 acre
tract, going across the said Municipal Drive right-of-way, going along the northeasterly line of the said
TxDot 2.55 acre tract, passing at a distance of l 06.35 feet, the northwest right-of-way line of said
Municipal Drive, same being the southerly line of that tract described as Tract "A" in a subdivision plat of
record for Municipal Hill Addition to the City of Lubbock, Lubbock County, Texas, a subdivision of
record in Volume 1795, Page 282 of the said Deed Records of Lubbock County, Texas, continuing along
a common line between the said TxDot tract and the said Tract "A" for a total distance of 469.91 feet to
an eight inch steel corner fence post found for the northeast corner of the said TxDot 2.55 acre tract, same
being an interior ell corner of the said Tract "A" and an angle point of the tract described herein;
THENCE, NI 0°03'12"E, going across the said Tract "A", a distance of 352.32 feet to an 80D-Nail at the
base of a chain link fence post set for an angle point of the tract described herein;
THENCE, N13°55'00''W, continuing across the said Tract "A", along or near the east edge of a caliche
lot area of a City of Lubbock maintenance yard which runs along the top of a bluff, a distance of 915.00
feet to a calculated point of intersection with a chain link fence which runs along or near the southerly
right-of-way of the Panhandle and Santa Fe Railroad, same being the nrntherly line of the said Tract "A",
said point being the northwest corner of the tract described herein;
THENCE, N66°58'44"E, going along the said fence, along or near the south right-of-way of the
Railroad, same being the nrntherly line of the said Tract "A", a distance of 1122.56 feet to a calculated
point of intersection with the curving, westerly edge of concrete, of the concrete and asphalt roadway of
North Ash Drive, a dedicated public roadway (100' right-of-way), said point being a northeasterly and
exterior ell corner of the tract described herein, and a point of non-tangency with a curve to the right; the
radius point of said curve to the right bears S63°43'36"W, a distance of 978.29 feet;
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MS(D No. 17S
~;9.~lf>ACRES
PAGEFOUR
THENCE, leaving the south right-of-way line of said Panhandle and Santa Fe Railroad, going along the
westerly edge of the concrete and asphalt roadway of No1th Ash Drive, along the arc of the said curve to
the right, having a radius of 978.29 feet, through a central angle of 46°57'31", a chord distance of779.54
feet (chord bears S02°47'39"E), an arc distance of 801.79 feet to a calculated point of intersection with
the northerly line of the above referenced City of Lubbock Tract 2, 445.938 acres, same being the
intersection of the pavement of Municipal Drive, for an interior ell corner of the tract described herein,
said point also being a point of curvature with a non-tangent curve to the left.; the radius point of said
curve to the left bears N40°32'36"W, a distance of 1005.14 feet;
THENCE, leaving the pavement of North Ash Drive, going along the north line of the said City of
Lubbock Tract 2, 445.938 acres, same being along or near the south right-of-way line of said Municipal
Drive, the following four (4) courses and distances:
I) along the arc of the said curve to the left, having a radius of 1005.14 feet, through a central angle
of 07°22'27", a chord distance of 129.27 feet (chord bears N45°46'10"E), an arc distance of
129.36 feet to a ½ inch iron rod with a surveyors cap (Hugo Reed Associates) found for the point
of tangency;
2) N42°04'57"E, a distance of 1219.31 feet to a½ inch iron rod with a surveyors cap (Hugo
Reed Associates), found for an angle point of the tract described herein;
3) N48°22'26"E, a distance of 175.65 feet to a½ inch iron rod with a surveyors cap (Hugo Reed
Associates), found for an angle point of the tract described herein; and,
4) N54°20'06''E, a distance of 165.78 feet to a½ inch iron rod with a surveyors cap (Hugo Reed
Associates), found next to a steel post fence comer for the most northerly comer of the tract
described herein, and the northeast comer of a chain link fence around a municipal golf course;
THENCE, leaving the southerly line of Municipal Drive, continuing along the northe-rly line of the said
City of Lubbock Tract 2, 445.938 acres, and along the chain link fence around the said municipal golf
course, the following two (2) courses and distances:
l) S20°40'22"E, a distance of 784.96 feet to a one inch iron rod next to a steel post fence corner
found for an interior ell comer of the tract described herein; and,
2) N88°03'01 "E, a distance of 123.02 feet to a½ inch iron rod with a surveyors cap (Hugo
Associates), found for an interior ell comer of the tract described herein;
Reed
THENCE, leaving the fence line around the said golf course, continuing along the northerly line of the
said City of Lubbock Tract 2, 445.938 acres, the following two (2) courses and distances:
I) N29°11'58"E, a distance of554.35 feet to a½ inch iron rod with a surveyors cap (Hugo Reed
Associates), found near the center of an alley in Block 8 of Meadowbrook Villa, a subdivision of
record in Volume 207, Page 159 of the above referenced Deed Records of Lubbock County,
Texas, for an exterior ell corner of the tract described herein; and,
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·--t6
159.9 ACRES
PAGE FIVE
d'x4 .; '6 ;f "A T
f'YlScr) /Jo. J75
2) S81°30'17''E, a distance of 437.35 feet to the POINT OF BEGINNING, containing 159.96
Acres of land area, more or less, within these metes and bounds. The basis of bearing being post-
processed Static GPS observations; i.e. Geodetic, or True-North. A drawing has been prepared in
connection with these fie ldnotes, it is identified as AMD Engineering drawing No. l 0054 MACKENZIE
PARK MSD BNDRY.DWG.
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS §
COUNTY OF LUBBOCK §
THAT I, LYNN R. SAVORY, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY
CERTIFY THAT THE ABOVE DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF AND THAT THE PROPERTY DESCRIBED HEREIN WAS
DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION.
WITNESS MY HAND AND SEAL AT LUBBOCK, LUBBOCK COUNTY, TEXAS THIS 26thDAY
OF OCTOBER, 2010
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CITY OF LUBBOCK
MAINTENANCE YARD
TRACT ';I*
M/JN/C/PAJ. HIU. ADOif/ON 1-0t. 1 795. PC. 282
(CITY OF L/J860CK)
69. 196 ACRcS
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c) each retail public utility, as defined by Texas Water Code, §13.002, that owns or
0Yes QNo3 QNA4 operates a groundwater supply well located within five miles beyond the proposed
MSD boundaries?
3 Do not submit application.
4 NA only when no such municipality, private well owner, or retail public utility exists
MSD Information·
List all existing TCEQ and US Environmental Protection Agency registration, permit, Identification numbers (e.g.,
SWR No:, VCP No., LPST ID No., UIC Registration No:, PWS ID. No.), if any, that apply to the groundwater
contamination situation within the proposed MSD boundary. State "none• if none applicable.
Is the proposed designated groundwater contaminated in excess of an applicable
potable water5 use standard {i.e., 30 TAC 350, GWGW1,,9)? 0Yes 0-Jos
Was the groundwater contamination previously reported to the TCEQ? 0Yes,when?
QNo
(To support implementation of HB 3030, 78th Legislature.) April/1996/
Is there a potable-use well within the boundary of the proposed MSD that uses the (Jres6 0No designated groundwater as source water?
Is there a potable-use well within the boundary of the proposed MSD that uses a
deeper groundwater zone for the source water that is not properly sealed off from
the designated groundwater?
QYes6 0No
Is the applicant aware of any non-consumptive use of the groundwater or other
QYes 0No human health or ecological exposure pathways that are of concern? If ye~.
specify:
Has each municipality and retail public utility identified in §361.8065 provided firm 0Yes 006
commitment to adopt an ordinance or resolution in support of the application?
Is a copy of the ordinance or restrictive covenant that restricts consumptive use
0Yes QNo and appropriately restricts other uses of and contact with the designated
groundwater, and any required resolutions provided with this application?
5 "Potable water'' means water that is used for irrigating crops intended for human consumption, drinking,
showering, bathing, or cooking purposes ffHSC §361.801 (2)].
6 Do not submit an application.
rmatively state that (place an X in all applicable blanks):
The MSD eligibility criteria of THSC §361.803 are satisfied.
True and accurate copies of all documents demonstrating that the MSD eligibility criteria provided by THSC
§361.803 have been satisfied and are included with the application.
ffi A true and accurate copy of a legal description of the proposed MSD property is included with the application.
Notice was provided in accordance with THSC §361.805.
A copy of an ordinance or restrictive covenant and any required resolutions are provided in this application or
will be provided before the executive director certifies this application.
7-29-11
Date
Before me /Im i JIJ1 OD(<.€ the undersigned authority, on this day personally appeared
vi Name of Notary nut$ RcY s Pc.AR.. and signed this Municipal Setting Designation Application.
Name of Applicant
Sworn, subscribed and signed before me in the County of L U 8 d OGK.
day of J U t. ':( , this month of JUL. y' , 20 lL.
TCEQ-20149 June 2007 2
, on the ~ q f:;l-
/11~
AMY MOORE
N~t~ry Publi~, ~tate of :e~as