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Home My WebLink About1731 04-11-2006 v ORDINANCE NO. 1731 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF EULESS PROHIBITING THE USE OF DESIGNATED GROUNDWATER FROM BENEATH THE PROPERTIES LOCATED AT 1101-1107 PAMELA DRIVE, 1103-1109, 1110, 1114, AND 1118 SOUTH AIRPORT CIRCLE, AND 1205 TEXAS STAR PARKWAY TO FACILITATE CERTIFICATION OF A MUNICIPAL SETTING DESIGNATION OF SAID PROPERTIES BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY PURSUANT TO THE TEXAS SOLID WASTE DISPOSAL ACT; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE WHEREAS, Chapter 361, Subchapter W of the Texas Solid Waste Disposal Act (the "MSD Legislation") authorizes the Texas Commission on Environmental Quality ("TCEQ") to Certify Municipal Setting Designations for properties upon receipt and approval of a properly submitted application to TCEQ; and WHEREAS, the Texas legislature, in enacting the MSD Legislation, found that an action by a municipality to restrict access to or the use of groundwater in support of or to facilitate a Municipal Setting Designation advances a substantial and legitimate state interest; and WHEREAS, as part of the application process for a Municipal Setting Designation, the applicant is required to provide documentation that the property for which designation is sought is subject to an ordinance that prohibits the use of designated groundwater from beneath the property as potable water and that appropriately restricts other uses of and contact with that groundwater; and WHEREAS, GPI Interim, Inc., Sealy Shiloh, LP, and Texas Star Industrial Group, Ltd., Co. ( the "Applicants") are in the process of submitting an application to TCEQ for certification of a Municipal Setting Designation for the properties whose street addresses are 1101-1107 Pamela Drive, 1103-1109, 1110, 1114, and 1118 South Airport Circle, and 1205 Texas Star Parkway (the "MSD Properties"), as described in Exhibit "A" and made a part hereof, said properties being located within the city limits of the City of Euless; and WHEREAS, Applicants have certified to the City of Euless that: 1. The purpose of such application is to assist applicants in obtaining from TCEQ documents demonstrating TCEQ's determination, after completion of any remedial requirements and appropriate review by TCEQ, that no further environmental cleanup or restoration is required by TCEQ with respect to the MSD Properties ("TCEQ Closure Documentation"). 2. As part of such application, Applicants will submit a statement to TCEQ > regarding the type of known contamination in the groundwater beneath > the MSD Properties and have identified that shallow groundwater (less Lucnoa) than fifty (50) feet below ground surface) ("Designated Groundwater") 1-1-1 um(0 contains chemicals of concern above Tier 1 groundwater ingestion 10x protective concentration levels as developed using the procedures stated }LLwf' in 30 Texas Administrative Code Chapter 350 "Texas Risk Reduction o0i� Program" or "TRRP". o��u UUZw WHEREAS, the applicants strongly desire that a Municipal Setting Designation for the N MSD Properties be secured, as well as TCEQ Closure Documentation, and have requested the 0 City of Euless to facilitate said objectives through passage of this ordinance prohibiting the use of Designated Groundwater from beneath the MSD Properties; and WHEREAS, the City Council of the City of Euless is of the opinion that it is in the best interest of the public and the city to facilitate Applicants' efforts to secure a Municipal Setting Designation and TCEQ Closure Documentation from TCEQ by passage of the Ordinance set forth hereinafter. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS THAT: SECTION 1 This ordinance is a required element for the establishment of a Municipal Setting Designation for the properties described in Exhibit"A". SECTION 2 Groundwater at a subsurface depth of less than 50 feet beneath the properties described in Exhibit "A" is contaminated in excess of potable use standards and shall not be pumped for potable uses or for irrigation and the use of such groundwater for any purposes is hereby prohibited by the City of Euless, except for the purposes of (a) the installation of monitor wells used for the collection of groundwater samples for chemical or biological laboratory analysis, and (b) the installation of wells used for the remediation of soil or groundwater contamination. SECTION 3 The City Secretary shall file a copy of the ordinance in the Real Property Records, Tarrant County, Texas. SECTION 4 This ordinance shall be in full force and effect from and after its passage, and be it so ordained. In recognition of the fact that the Texas Commission on Environmental Quality has made regulatory decisions based on an understanding that this ordinance is in full force and effect, if the City of Euless later determines that it shall repeal this ordinance, the City of Euless shall give notice to the Commission at least 60 days in advance of the repealing of this ordinance in order that the Commission may be prepared to reassess its regulatory decisions. PRESENTED AND APPROVED ON FIRST AND FINAL READING on the 11th day of April 2006, at a regular meeting of the City Council of the City of Euless, Texas, by a vote of 7 ayes, 0 nays, and 0 abstentions. APP OVED: APj�;• s AS L• F!" d&A-1&_ JzifiL Mary Lib daleh, Mayor :ob McFarland, City-Attorney ATTEST: i r u an Crim, RMC, City Secretary Ordinance No. 1731, Page 2 of 4 EXHIBIT A 1205 Texas Star Parkway, 1110, 1114, and 1118 South Airport Circle Being all of Lots 1-R and 2-R, Block 1, Airport Business Park, an addition to the city of Euless, Tarrant County, Texas, according to the Corrected Plat thereof recorded in Volume 288-175, Page 76, of the Plat Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin at the northerly northwest corner of Said Lot 1-R, Block 1, said iron pin also being on the south right-of-way line at South Airport Circle; THENCE N 67° 15' E along said south right-of-way line of South Airport Circle a distance of 149.29' to an "X" cut in concrete for the common north corner of Lot 1-R and Lot 2-R, Block 1; THENCE continuing along said south right-of-way line of South Airport Circle N 67 ° 15' E a distance of 360.46' to an iron pin for the beginning of a curve to the right having a radius of 40.0'; THENCE along said curve to the right, along said South Airport Circle right-of-way an arc length of 76.54' to, an iron pin; THENCE S 03° 07' E along the west right-of-way of said South Airport Circle a distance of 297.45' to an iron pin for the beginning of a curve to the right having a radius of 100.00'; THENCE along said curve to the right, along said South airport Circle right-of-way an arc length of 122.81' to an iron pin; THENCE S 67° 15' W along the northerly right-of-way line of said South Airport Circle a distance of 204.01' to an iron pin, said iron pin being the common south corner of said Lot 1-R and Lot 2-R, Block 1; THENCE continuing along said northerly right-of-way line of said South Airport Circle S 67° 15' W a distance of 160.0' to an iron pin; THENCE N 67'° 45' W along the common right-of-way line of said South Airport Circle and Airport Drive a distance of 14.14' to an iron pin, said iron pin being on the easterly right-of-way line of said Airport Drive; THENCE along said easterly right-of-way of Airport Drive N 22° 45' W a distance of 249.98'. to an iron pin for the beginning of a curve to the right having a radius of 920.75'; THENCE continuing along said curve to the right an arc distance of 130.56' to an iron pin; THENCE along the common right-of-way line of said Airport Drive and South Airport Circle N 26° 09' 03" E a distance of 15.24' to the Point of BEGINNING and containing 4.69 acres of land. Ordinance No. 1731, Page 3 of 4 • • 1103-1109 South Airport Circle Lot 14-R, Block 2, AIRPORT BUSINESS PARK SUBDIVISION, to the City of Euless, Tarrant County, Texas, according to the Revised Plat thereof recorded in Volume 388-129, Page 79, Plat records, Tarrant County, Texas. 1101-1107 Pamela Drive BEING a 4.123 acre tract of land, said tract being part of Tract B, Block 1, EULESS INDUSTRIAL PARK, FIRST FILING, an addition to the City of Euless, Texas, according to the plat thereof recorded in Volume 388-26, Page 23, and part of said 4.123 acre tract being Lots 7, 8, 9 and 10, Block 1, EULESS INDUSTRIAL PARK, SECOND FILING, according to the plat thereof recorded in Volume 388-31, Paae 70, Map or Deed Records, TARRANT COUNTY, Texas, and being more particularly described as follows: BEGINNING at a point, a 1/2 inch iron rod, said point being the intersection of the north right-of-way line of Pipeline Road (50' right-of-way) with the east right-of-way line of Pamela Drive (50' right-of-way); THENCE North along the east right-of-way line of Pamela Drive and the west line of Lots 10, 9, 8 and 7, Block 1, in said Euless Industrial Park, Second Filing Addition, a distance 508.50' to a point, a power pole, for corner; THENCE North 88° 28 minutes 40 seconds East, a distance of 350.12' to a point, a railroad spike, in the west right-of-way line of Stanley Drive (50' right-of-way); THENCE South along the west right-of-way line of Stanley Drive, a distance of 517.80' to a point, a 1/2 inch iron rod, in the north right-of-way line of Pipeline Road; THENCE West along the north right-of-way line of Pipeline Road, a distance of 350.00' to the POINT OF BEGINNING AND CONTAINING 179,603 square feet or 4.123 acres of land, more or less. Ordinance No. 1731, Page 4 of 4 Jky T !(tea < i : ›,•• CITY OF EULESS yy . 201 N ECTOR DRIVE 5il. *« * *4, EULESS TX 76039 Submitter: CITY OF EULESS SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 05/09/2006 02:09 PM Instrument#: D206138644 OPR 5 PGS $28.00 I NCH IIII III II II 111111 1 I I II 1 I 1 III IIII III, D206138644 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. 73( r� Kathleen Hartnett White,Chairman x • Larry R.Soward,Commissioner Glenn Shankle,Executive Director \ / HAR 2 0 2007 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution March 14, 2007 Ms. Susan Crim City Secretary's Office City of Euless 201 North Ector Drive Euless, TX 76039 Re: Municipal Setting Designation (MSD) Certification for properties located at 1101 Pamela Drive, 1103-1109 South Airport and 1205 Texas Star, Euless, TX; MSD Certificate 024 Dear Ms. Crim: As required by Texas Health and Safety Code §361.807(a)(2), enclosed is a copy of the MSD Certificate for the above-referenced property. The application was certified on February 7, 2007. The City of Euless passed an ordinance in support of this MSD application on April 11, 2006. For this reason, the Texas Commission on Environmental Quality is required to provide you a copy of the certificate. If you have any questions, please contact me at 512/239-5872. Sincerely, Mike Frew, P.G., Project Manager Environmental Cleanup Section II Remediation Division Enclosure P.O. Box 13087 • Austin,Texas 78711-3087 • 512-239-1000 • Internet address:www.tceq.state.tx.us Texas Commission on Environmental Quality I ' > jc j; Municipal Setting Designation Certificate 024 As provided for in §361.807, Subchapter W, Texas Health and Safety Code (Solid Waste Disposal Act): I, Glenn Shankle, Executive Director of the Texas Commission on Environmental Quality certify the Municipal Setting Designation for 1101-1107 Pamella Drive, 1103-1109, 1110, 1114, and 1118 South Airport Circle, and 1205 Texas Star Parkway, Euless, Texas, the tract of land described in Exhibit "A". The eligibility requirements of Texas Health and Safety Code §361.803 are satisfied as attested to by the affidavit in Exhibit "8" 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 impacts for a property located in the certified municipal setting designation shall complete any necessary investigation and response action requirements in accordance with Texas Health and Safety Code §361.808, in conjunction with the applicable Texas Commission on Environmental Quality environmental remediation regulation, as modified by Texas Health and Safety Code §361.808. EXECUTED this ? _ day of 1'e6(.4' 7 , 2007. Glenn Shankle Executive Director Texas Commission on Environmental Quality STATE OF TEXAS TRAVIS COUNTY frrh BEFORE ME,on this the 1 day of _, 20 d 7, personally appeared Glenn Shankle, Executive Director of the Texas Commission on E ironmental Quality, known to me to be the person whose name is subscribed to the foregoing instrument, and they acknowledged to me that they executed the same for the purposes and in the capacity therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this 7144day of 20 P-7 e ■ ■ ■ ■ ■ ■ o G ■ a ee e ■ c ■ TA Ni a A Notary Public in and for the State of Texas ■ ;,aY fryii. CON,,ilE S. s UCAS s n ''a. Kota:f): .t i'. :.11.:°of T xas a ■ `,•sfy,�j ir.y:Am:".,..', ,...f. S ■ • -?,.. ;,,)-• JP 14:_:\C:Y 30, 201 0 ■ % ■ ■ a 6 F] 1S 2 It r. :. n_ a IP R, i= t.0 iw H W" Notary without Bond • EXHIBIT A 1205 Texas Star Parkway, 1110, 1114, and 1118 South Airport Circle Being all of Lots 1-R and 2-R, Block 1, Airport Business Park, an addition to the city of Euless, Tarrant County, Texas, according to the Corrected Plat thereof recorded in Volume 288-175, Page 76, of the Plat Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin at the northerly northwest corner of Said Lot 1-R, Block 1, said iron pin also being on the south right-of-way line at South Airport Circle; THENCE N 67° 15' E along said south right-of-way line of South Airport Circle a distance of 149.29' to an "X" cut in concrete for the common north corner of Lot 1-R and Lot 2-R, Block 1; THENCE continuing along said south right-of-way line of South Airport Circle N 67 ° 15' E a distance of 360.46' to an iron pin for the beginning of a curve to the right having a radius of 40.0'; THENCE along said curve to the right, along said South Airport Circle right-of-way an arc length of 76.54' to, an iron pin; THENCE S 03° 07' E along the west right-of-way of said South Airport Circle a distance of 297.45' to an iron pin for the beginning of a curve to the right having a radius of 100.00'; THENCE along said curve to the right, along said South airport Circle right-of-way an arc length of 122.81' to an iron pin, THENCE S 67° 15' W along the northerly right-of-way line of said South Airport Circle a distance of 204.01' to an iron pin, said iron pin being the common south corner of said Lot 1-R and Lot 2-R, Block 1; THENCE continuing along said northerly right-of-way line of said South Airport Circle S 67° 15' W a distance of 160 0' to an iron pin; THENCE N 67'° 45' W along the common right-of-way line of said South Airport Circle and Airport Drive a distance of 14.14' to an iron pin, said iron pin being on the easterly right-of-way line of said Airport Drive; THENCE along said easterly right-of-way of Airport Drive N 22° 45' W a distance of 249.98'. to an iron pin for the beginning of a curve to the right having a radius of 920.75'; THENCE continuing along said curve to the right an arc distance of 130.56' to an iron pin; THENCE along the common right-of-way line of said Airport Drive and South Airport Circle N 26° 09' 03" E a distance of 15.24' to the Point of BEGINNING and containing 4.69 acres of land Ordinance No. 1731, Page 3 of 4 • 1103-1109 South Airport Circle Lot 14-R, Block 2, AIRPORT BUSINESS PARK SUBDIVISION, to the City of Euless, Tarrant County, Texas, according to the Revised Plat thereof recorded in Volume 388-129, Page 79, Plat records, Tarrant County, Texas 1101-1107 Pamela Drive BEING a 4.123 acre tract of land, said tract being part of Tract B, Block 1, EULESS INDUSTRIAL PARK, FIRST FILING, an addition to the City of Euless, Texas, according to . the plat thereof recorded in Volume 388-26, Page 23, and part of said 4 123 acre tract being Lots 7, 8, 9 and 10, Block 1, EULESS INDUSTRIAL PARK, SECOND FILING, according to the plat thereof recorded in Volume 388-31, Page 70, Map or Deed Records, TARRANT COUNTY, Texas, and being more particularly described as follows. BEGINNING at a point, a 1/2 inch iron rod, said point being the intersection of the north right-of-way line of Pipeline Road (50' right-of-way) with the east right-of-way line of Pamela Drive (50' right-of-way); THENCE North along the east right-of-way line of Pamela Drive and the west line of Lots 10, 9, 8 and 7, Block 1, in said Euless Industrial Park, Second Filing Addition, a distance 508.50' to a point, a power pole, for corner; THENCE North 88° 28 minutes 40 seconds East, a distance of 350.12' to a point, a railroad spike, in the west right-of-way line of Stanley Drive (50' right-of-way); THENCE South along the west right-of-way line of Stanley Drive, a distance of 517 80' to a point, a 1/2 inch iron rod, in the north right-of-way line of Pipeline Road; THENCE West along the north right-of-way line of Pipeline Road, a distance of 350.00' to the POINT OF BEGINNING AND CONTAINING 179,603 square feet or 4.123 acres of land, more or less. Ordinance No. 1731, Page 4 of 4 I affirmatively state that: I. The MSD eligibility criteria of THSC§361.803 are satisfied; 2. 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; 3. A true and accurate copy of a legal description of the porposed MSD property is included with the application; 4. Notice was provided in accordance with THSC §361.805; and 5. 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. 13 Air pdr4-G, me . Applicant Signal re t u,rIV�6, Date Before me r t f the undersigned authority, on this day personally of ary appeared ecct and signed this Municipal Setting Designation Name of Applicant Application. Sworn, subscribed and signed before me in th? of 61.cida , State of , on the w^-day of kat� ,20*. Y DAY GILL, OTARY PUBLIC CADDO PARISH,LOUISIANA MY COMMISSION IS FOR LIFE NOTARY NO.2425 DALLAS 16126940 1 affirmatively state that: I The.MSD eligibility criteria of 1HSC §361.803 are satisfied; 2 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; 3_ A true and accurate copy of a legal description of the porposed MSD property is included with the application; 4 Notice was provided in accordance with'MSC§361.805;and 5. 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 Applicant Signature Date Before me r0'0:1 t V oL6,J. y_ the undersigned authority,on this day personally Name of Notary appeared 67-6v6.1 SAcco and signed this Municipal Setting Designation Name of Applicant Application Sworn,subscribed and signed before me in the County of Je,4-4ot- -' _,State of JMf►- �,on the /0A- day of d rvA.y 20 04, ,L;(/14,t-‘4 ,,,,,,, >; li"i rrls. Tf9s3'tA�C -•() T'QRYt) '; uA1,1.AS 1612694v1 7 I affirmatively state that: I. The MSD eligibility criteria of THSC§361.803 are satisfied; 2. 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; 3. A true and accurate copy of a legal description of the porposed MSD property is included with the application; 4. Notice was provided in accordance with THSC §361.805; and 5. 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. A h;10h 1 �-.t? B3 ifj14 i r pd r 4-•G-P,rAc Applicant Signa re w cc- � �j i��/e�l� Date Before me , the undersigned authority,on this day personally of ary appeared G and signed this Municipal Setting Designation Name of Applicant Application. . f Sworn, subscribed and signedbefore me in themy of l� l2a , State of LDk.t5Tana_ ,on the c day of a.0t3 ,2('(0• FDAY GILL OTARY P usuc CADDO PARISH,LOUISIANA MY COMMISSION IS FOR LIFE NOTARY NO,2425 DALLAS 1612694v1 I affirmatively state that: 1 The MSD eligibility criteria of THSC §361.803 are satisfied; 2 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; 3 A true and accurate copy of a legal description of the porposed MSD property is included with the application; 4 Notice was provided in accordance with THSC §361.805; and 5. 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 -)> -,-�- 74-2 T-- _ r/'>�Ian Applicant Signature Date Before me rc'f041,rV�},.f .Jl6y,. the undersigned authority,on this day personally Name of Notar y appeared S,' t•J Saco _ and signed this Municipal Setting Designation t Name of Applicant Application l Sworn,subscribed and signed before me in the County of J`it-- fl ,State of MR- ,on the iat'- day of d,1,41/Ae y _,20 COa \ 7---- /_. (:,(A44_,• ;_)\• .A-61-Aje--7 OT�4RY pv0,,s' DAL.LAS 1612694vI I I affirmatively state that: 1. The MSD eligibility criteria of THSC §361.803 are satisfied; 2. 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; 3. A true and accurate copy of a legal description of the porposed MSD property is included with the application; 4. Notice was provided in accordance with THSC §361.805; and 5. 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. `)ar-z l ry G2/-/(J-49 4, Applicant Signature Date Before meC appeared 1� ►a� the undersigned authority,on this day personally Name of Notary c��a s- and signed this Municipal Setting Designation Name of Applic�fit Application. Sworn, subscribed and signed before me in the County of_q0- , State of "rro)C4 5 , on the J lay of 2(DC0 a, "''' LAURENE EASTERBERG NOTARY PUBLIC 7/kk" • ST'TE OF TEXAS ""rN of��+�` My Comm Exp ?2-08.2008 DALLAS 1612694v1