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Home My WebLink AboutResolution - 2014-R0397 - Deed Notice - Fire Training Academy - 12/04/2014Resolution No. 2014-80397 Item No. 6.3 December 4, 2014 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Texas, a Deed Notice in connection with the use of certain real property located at the former Fire Training Academy, in Block A, Sections 79 and 80, Tract "A" Municipal Hill Addition, as required by the Texas Commission on Environmental Quality's Texas Risk Reduction Program Rule. Said Deed Notice is attached hereto 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 on December 4 2014 GLE OBE TSON,MAYOR ATTEST: Reb ca Garza, City SecretarU APPROVED AS TO CONTENT: Aubrey Spear, .E., director of Water Resources APPROV STO RM: �Qljf'�Oc — Mitchell Satterwhite, First Assistant City Attorney RES.TCEQ-Old Fire Training Academy 11.14.14 Resolution No. 2014-RO397 Texas Risk Reduction Program Deed Notice STATE OF TEXAS § COUNTY OF LUBBOCK § This Notice is filed to provide information concerning certain environmental conditions and/or use limitations pursuant to the Texas Commission on Environmental Quality (TCEQ) Texas Risk Reduction Program Rule (TRRP) found at 30 Texas Administrative Code (TAC), Chapter 350, and affects the real property (Property) described as follows: 69.196 Acres out of Block A, Section 79 & 80, Tract "A"- Municipal Hill Addition; being described on Exhibit A attached hereto and incorporated herein by reference. The RCRA-8 metals (silver, arsenic, barium, cadmium, chromium, mercury, lead, and selenium), TPH (Total Petroleum Hydrocarbons), Polychlorinated Biphenyls (PCBs), Volatile Organic Compounds (VOCs), Poly Aromatic Hydrocarbons (PAHs), Dioxins/Furans, and Pesticides remains dissolved in the groundwater and in the soils as to a portion of the Property, as described on Exhibit B, attached hereto and incorporated herein by reference ("Affected Property' j. Portions of the soils and groundwater of the Property contain certain identified chemicals of concern causing those portions of the Property to be considered an Affected Property as that term is defined in the TRRP. The portion considered to be Affected Property is described as follows: 4.36 -Acres out of Block A, Section 79 & 80, Tract "A" - Municipal Hill Addition, being described within Exhibit B attached hereto and incorporated herein by reference. The Affected Property includes the Former Truck Pit area (approximately 20 feet X 40 feet) and the Former Catch Basin Pit area (approximately 20 feet X 30 feet). None of lire contaminants of concern in the soils exhibit contaminant concentrations that exceed the critical Protective Concentration Levels on the Affected Property. Contaminants including 1,2,4—Trichlorobenzene, 1,4- Dichlorobenzene,1,2 Dibromoethane, Benzene, Chlorobenzene, and Arsenic continue to exceed the critical Protective Concentration Levels on the Affected Property in the groundwater but is addressed in another institutional control (Municipal Setting Designation Number 175). This Notice is required for the following reasons: The Affected Property currently meets TRRP Remedy Standard A for commercial industrial use. Based on lite reports, the chemicals of concern pose no significant present orfuture risk to humans or lite environment based on commerciaVindustrial land use. No further remediation of the Affected Property is required by the TCEQ as long its the Affected Property is not to be used for residential purposes as lite property may not be protective for residential use, If any person desires in the fidure to use lite Affected Property for residential purposes, the TCEQ must be notified at least 60 days in advance ofsuch use and additional response actions may be necessary before the property may be used for residential purposes. Persons contemplating a change in land use for Nie Affected Property are encouraged to review the definitions for commerclavindustrial and residential land use contained in TRRP as the definition of residential land use is broad. As of the date of this Notice, the record owner of fee title to the Property is City of Lubbockwith an address of P O Box 2000, Lubbock, TX 79457-0001. For additional information, contact: TCEQ Mail: TCEQ - MC 199 Central Records P O Box 13087 12100 Park 35 Circle, Austin, Texas 78711-3087 Building E Austin, Texas 78753 TCEQ Program and Identifier No.: TCEQ Notice of Violation (NOP) dated May 17. 1001; TCEQ SWR No. 62058; EPA ID No. TXR000036624; Customer No. CN600013 0 73 6; Regulated Entity No. RN101633337 This Notice may be rendered of no further force or effect only by a superseding deed notice executed by the TCEQ or its successor agencies and filed in the same Real Property Records as those in which this Deed Notice is filed. Executed this 4th day of December , 2014 OWNER City ofLabboek, Texas By: n C. obenson, Mayor STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged BEFORE ME, on this the 4th day of December , 2014, by Glen C. Robertson, Mayor of the City ojLubbock on behalf of the said City. GNEN UNDER MY HAND AND SEAL OF OFFICE, this, the 4th day of December , 2014. CELIA WEBB Notary Pubic, State o!Tetas MyCaminw E**s 03-01.2018 Notary Public in and for the State of Texas County of Lubbock My Commission Expires: 08-o I • zo I $ Exhibit A Property Description 69.196 -Acres out of Block A, Section 79 & 80, Tract "A"- Municipal Hill Addition, Lubbock, Lubbock County, Texas, as described in that certain Dedication Deed, dated July 22, 1982, executed by the City of Lubbock, Resolution No. 1153, recorded in Volume 1795, Page 282 Real Property Records, Lubbock County, Texas, said Dedication Deed being attached hereto, and made a part of Exhibit A. t a r` =• ' RESOLUTION 1153 - 7/22/82 " .I ctrr of LUIDBOCa p DEDICATION DEED PLANN'NQ DEPT# ZOOO N0 1 1 P• L+Ox OC✓•, Tr 45• 794SIF THE STATE OF TEXAS !< L� a 4V (��•(�/�w—� { COUNTY OF LUBBOCK f 1R270 This is to certify that the City of Lubbock, a home rule municipality located in Lubbock County, Texas, is the sole owner of a tract of land -more tEREj particularly described as follows: N� ICO 1 1tAot% � Property described on Exhibit A attached. the undersigned does hereby plat the above-described property into lots and I blocks, designating streets, alleys, easements (surface and/or underground), and other properties therein shown in accordance with the attached map, pre- pared by Tommie E. Anderson, Registered Public Land Surveyor,, on the 29th day of June, 1982, and approved by the Planning Commission of the City of Lubbock on the 7th day of July, 1982, and desiring to have the said property platted and duly filed for record as required by law, all as shown on the attached map; NOW, THEREFORE, KNOW AL -MEN BY THESE PRESENTS: That for and in con- sideration of the special benefits to the remainder of its property, the undersigned does hereby DEDICATE all the streets, alleys, easements (surface and/or underground), and other public properties thereon shown and designated upon Bald map to the PUBLIC for PUBLIC USE FOREVER; and by these presents does impress the name of "TRACT A, MUNICIPAL HILL ADDITION to the City of Lubbock, Lubbock County, Texas" upon said property for the correct reference and des- cription thereon as indicated upon the attached map, and it does hereby adopt the name hereinabove stated and impress the same upon the said land, incor- porating said map as a part of this dedication. EXECUTED this 22nd day of July g ATTEST: BILL MCALISTER, MAYOR Seal E lyn Ga ga, City S r b -Treasurer APPROVED AS TO CONTENT: Guy Wil 'S Water Utilities Engineer APPROVED AS'TO FORM: J. o th Fullingim, Asst. C ty Attorney THE STATE OF TEXAS 4 'COUNTY OF LUBBOCK .4 BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared BILL McALISTER, Mayor of the City of Lubbock, known to me to be the person and officer whose name is sub- scribed to the foregoing instrument and acknowledged to me that the same was the act of the said City, and that he executed the same as the act of said City for the purposes and consideration therein expressed, and in the capacity therein statod. GIVEN UNDER MY HAND AND SEAL OF OFFICE this p df : day o 19 1d. , SrAW ::otary Public, Lubbock County, Texas 1 EXHIBIT A A:ET-eS AND 3CUNDS DESCRIPTION of the plat limits of Tract "A", Municipal Hill Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point which bears South a distance of 172.66 feet and Crest a distance of 213.95 feet from the Northeast corner of ! Section 80, Block "'A", Lubbock County, Texas; THENCE S. 22°54'20" E. a distance of 28.09 feet to a point -of curvature; THENCE Southwesterly around a curve to the right, sai$ curve having a radius of 905.37 feet, a central angle of 52 391400, tangent lengths of 448.06 feet, and a chord distance of 803.15 feet; THENCE S. 29°45'20" W. a distance of 1026.20 feet to a point of curvature; TII'rNCE Southwesterly around a curve to the right, sai� curve having a'raBius of 905.37 feet, a central angle of 19 5912711, tal-gent lengths of 159.57 feet, and a chord distance of 314.29 feet; THENCE N. 19°11'53" W. a distance of 363.25 feet; THENCE S. 70°48'07" W. a distance of 223.00 feet; THENCE S. 19°11'53" E. a distance of 417.91 feet; THENCE Southwesterly around a curve to the right, sai$ curve having a radius of 905.37 feet, a central angle of 13 14'15", feet; tangent lengths of 105.06 feet, and a chord distance of 208.71 THENCE S. '77°43'12" W. a distance of 13.30 feet; THENCE N. 14P12153" W. a distance of 20.07 feet; THENCE Northwesterly around a curve to the right, said curve having a radius of 1002.52 feet, a central angle of 13°13'12", tangent lengths of 116.17 feet, and a chord distance of 230.80 feet; THENCE N. 67°49'44" W. a distance of 400.00 feet; THENCE N. 62°04'30" W. a distance of 294.30 feet; THENCE Northwesterly around a curve to the right, said curve having a radius of 2714.79 feet, a central angle of 11032126", tangent lengths of 274.34 feet, and a chord distance of 545.89 feet; THENCE N. 11°21' 11. a distance of 451.98 feet; THENCE Northeasterly around a curve to the right, said curve having a -radius of 180'9..85 feet, a central angle of 14027153", tangent lengths of 229.68 feet, and a chord distance of 455.70 feet; THENCE N. 66059'35" E. a distance of 2065.22 feet to the Point of Beginning. CONTAINSS 69.196 acres t%al IJJ mu 283 s f i iii,► , 3 d a. --ww'm ► 1 i _i ' ACM,y.�� • S Oi�1y OrAb W 1 a. --ww'm CITY OF' L-LJBOCCK 6 762.6411 Date �vl OZ. P. 0. Box 2000 LUBBOCK. TEXAS 794ST Fife No.( 2Z.) 1 O County Clerk Lubbock County Court House 904 Broadway Room 207 lubbock, Texad 79401 Dear Sir: This Is to certify that a plait titled hicim prepared by' 1 r► ,,-j r was approted by the P anning and Zon ng Commission on r 19D. Sincerely yours. H. David Jones Senior Planner HDJ:sI Acreage of recorded plat: Surveyor's Field Notes-yq , l q to p0ther FILED AUG S • 1 30 PH'R7 s f ATE OF TEXAS COutm OFLUBBM ; arwwu.q..—.W -- I, --W—#* WCOM w a. vr....r PW61 e. Wo" r • D aQ AUG r, 1982 prier PM wawa oovsn,l�I MA"105 PAG: 95 Exhibit B Affected Property Description 4.36 -Acres out of Block A, Section 79 & 80, Tract "A" - Municipal Hill Addition, Lubbock, Lubbock County, Texas including the Former Truck Pit area (approximately 20 feet X 40 feet) and lire Former Catch Basin Pit area (approximately 20 feet X 30 feet). The attached Plat of Survey map of the Former Fire Training Academy Site shows the `Affected Property — Truck Pit (20 feet X 40 feet) and Former Catch Basin (20 feet X 30 feet)' with property plat divisions and descriptions. 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