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Home My WebLink AboutResolution - 2617 - Notice - LP&L - Waste Disposal, Holly Avenue Plant - 07/23/1987Resolution #2617 �54� July 23, 1987 Agenda Item #22 Pile And Return To Ed Bucy R -O -W JWF : da VOL 2591 PAGE 58 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor of the City of Lubbock is hereby author- ized and directed to execute for and on behalf of the City of Lubbock a Waste Disposal Notice for the Holly Avenue Plant of said City's electrical system, 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. SECTION 2. THAT recordation of said notice pursuant to Section 335.5 of Chapter 335, Title 31 of the Texas Administrative Code in the Real Estate Records of Lubbock County, Texas, is hereby authorized. Passed by the City Council this 23rd SEAQ ATTEST: Ranette Bsy4 City Secretary APPROVED AS TO CONTENT: 1/0 4v�& ay adsworth, Electr cal Production Superintendent APPROVED AS TO FORM: J.1yorth Fu lingim, Assistant CiVy Attorney day of July , 1987. B.C. McMINN, MAYOR WASTE DISPOSAL NOTICE STATE OF TEXAS 5 COUNTY OF LUBBOCK 5 VOL 259. w 59 COMES NOW the City of Lubbock, a home rule municipality located in Lubbock County, Texas, herein called "City", acting by and through its Mayor hereunto duly authorized, in compliance with Chapter 335 of Title 31 of the Texas Administrative Code, including but not limited to particularly Section 335.5 thereof, and makes and files in the Real Estate Records of Lubbock County, Texas this Notice of Waste Disposal as follows: This waste disposal is an activity in connection with operation of the electrical production plant known as the Holly Avenue Plant of the Lubbock Power and Light and Water System owned and operated by the City. Disposal of industrial solid waste will take place on a one acre site owned by the City and described by metes and bounds as follows: A 1.0 acre tract out of the Southeast part of Section Four (4), Block S, Certificate 3/501, G.C. & S.F.R.R. Co., Lubbock County, Texas, being a part of Tract Eight (8) of the S.I. Johnson Subdivision, and being more particularly described as follows: BEGINNING at a point South 89016' West 2,222.9 feet and North 0044' West 130.0 feet from the Southeast corner of Section Four (4), Block S, G.C. & S.F.R.R. Co., Lubbock County, Texas for the Southeast corner of this tract; THENCE South 89°16' West 407.1 feet for the Southwest corner of this tract; THENCE North 0044' West 107.0 feet for the Northwest corner of this tract; THENCE South 89016' East 407.1 feet for the Northeast corner of this tract; THENCE South 0044' West 107.0 feet to the PLACE OF BEGINNING. Said one acre tract above-described lies within and is a part of a larger 38.58 acre tract of land owned by the City von 259. PAGE 60 located in Lubbock County, Texas, acquired by the City by deed from Joe N. Nislar and wife, Mildred Nislar, and O.L. Nislar and wife, Ora Nislar, dated February 3, 1964, and recorded March 10, 1964, in Volume 979, Pages 647-649 (inclusive) of the Deed Records of Lubbock County, Texas, and waste materials are pumped over, upon, along, and across a part of the 38.58 acre tract to reach the disposal site on the one acre site. Said 38.58 acre tract located in Lubbock County, Texas, is described by metes and bounds as follows: A 38.58 acre tract out of the Southeast part of Section Four (4), Block S, Certificate 3/501, G.C. & S.F.R.R. Co., Lubbock County, Texas, being a part of Tract Eight (8) of the S.I. Johnson Subdivision, and being more particularly described as follows: BEGINNING at a 1/2" iron pipe set South 89°16' West 1264.9 feet from the Southeast corner of Section Four (4), Block S, G.C. & S.F.R.R. Co., Lubbock County, Texas, for the Southeast and beginning corner of this tract; THENCE South 89016' West 2433.99 feet to a 3/4 inch iron pipe found for the Southwest corner of this tract; THENCE North 0044' West 1065.2 feet to a 1/2 inch iron pipe set in the South right-of-way line of U.S. Highway No. 84 for the Northwest corner of this tract; THENCE South 73037' East along said highway right-of- way, a distance of 2546.14 feet to a 1/2 inch iron pipe set for the Northeast corner of this tract; THENCE South 0050149" East 315.82 feet to the PLACE OF BEGINNING. Containing 38.58 acres of land. Said one acre tract as regards waste disposal amounts to a Facility No. 1 Lagoon/Pond vinyl lined evaporation used for the storage and evaporation of Zeolite softener regeneration brine waste, boiler blow down, boiler wash, and floor drains. Wastes being disposed of are Classes I and II wastes as defined by Section 335.1 of Chapter 335, Title 31 of the Texas Adminis- trative Code. The waste disposal facility is owned and operated by said City of Lubbock, Texas whose permanent mailing address is P.O. Box 2000, Lubbock, Texas 79457, and more specific information on the waste (with which this notice is concerned) can be obtained from the Director of Electrical Utilities (or the person -2- VOL 2591 gfor fit exercising that function for the City of Lubbock) in care of the City of Lubbock at the permanent address above set forth. The purpose of the execution and recordation of this notice is to comply with the regulations promulgated generally as Chapter 335, Title 31 of the Texas Administrative Code, and is not to be construed as in any manner or matter affecting the fee simple legal title to any real estate described herein or in any manner or matter affecting any title interest of whatsoever kind or nature of any person, firm, or corporation with respect to such real estate. The City (insofar as is legally permissible under law) in this instrument reserves the right to amend this instrument in whole or in part as needed to comply with requests by regulatory agencies of the State of Texas or the Government of the United States (if such be necessary) to comply with state or federal regulations in the premises, and further reserves the right herein to cancel and expunge this notice by filing a cancellation or expunging notice in the public records of Lubbock County if the best interests of the City so require. Executed this 23rd day of July , 1987. SEA )e Ot/z- B.C. McMINN, MAYOR ATTEST: Ranette yd, City Secret y APPROVED AS TO CONTENT: Aayhdsworth, Electrical Production Superintendent APPROVED AS TO FORM: 9-yn& J . WcxrLh Fullingim, Assista City Wtorney -3- 0 o - k � VOL 2591 PAGE 62 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for Lubbock County, Texas, on this day personally appeared B.C. McMINN, known to be to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK, TEXAS and as its MAYOR for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of u , 1987. r SEAL 87 JUL 27 All : 56 County Clerk, Lubbock Caeny, Texas &aA-io' , Notary Public, Lubbock Coun y, Texas ST,0E OF TEXAS COUNTY OF LUBBOCK 1 hereby certif y that this instrument was FILED on the date and of the time stomped hereon by me one was duly RECORDED in the Volume and pope of the Otticiol Reel Property Records of Lubbock Covoty, TTea�Sst11exaf�aslstomtped hereon by me. lut _ COUNTYCtERK LUBBOCK COUNTY. TEXAS -4-