HomeMy WebLinkAbout07-1255 07-10-2007RESOLUTION NO. 07 -1255
A RESOLUTION SUPPORTING THE APPLICATION OF
DIRECT FUELS FOR A MUNICIPAL SETTING
DESIGNATION FOR THE PROPERTIES LOCATED AT
12401, 12485, AND 12625 CALLOWAY CEMETERY
ROAD, FORT WORTH, TEXAS.
'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 (MSDs) 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 in support of or to facilitate a MSD advances a substantial
and legitimate state interest; and
WHEREAS, as part of the application process for a MSD, the applicant is
required to provide documentation of support from each municipality owning and
operating a groundwater supply well within five (5) miles of the proposed MSD location;
and
WHEREAS, the City of Euless owns and operates two groundwater supply wells
located at 1400 North Main Street and 116 West Fuller Drive in the City of Euless
situated within a five (5) mile radius of the proposed MSD location; and
WHEREAS, the City of Fort Worth has enacted an ordinance restricting the use
of groundwater at the proposed MSD location in support of the MSD application to
TCEQ; and
WHEREAS, the Director of Public Works for the City of Euless has determined
that certification of a MSD for the properties located at 12401, 12485, and 12625
Calloway Cemetery Road, Fort Worth, Texas, (see Exhibit "A "), will have no effect upon
the quality of water produced from the groundwater supply wells located at 1400 North
Main Street and 116 West Fuller Drive in the City of Euless.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS, THAT:
The City of Euless supports and does not oppose the establishment of a
Municipal Setting Designation for the property described in Exhibit "A ".
APPROVED AND ADOPTED at a regular meeting of the Euless City Council on
the 10th day of July, 2007, by a vote of 6 ayes, 0 nays, and 0 abstentions.
APPROVED:
Mary Lib Sa h, Mayor
ATTEST:
usa rim, TR., C, City Secretary
Resolution No. 07 -1255, Page 2 of 5
FIELD NOTE DESCRIPTION
DIRECT FUELS MSD AREA EXHIBIT
STATE OF TEXAS
COUNTY OF TARRANT
BEING a tract of and situated in the J.W. CALLOWAY SURVEY, Abstract No. 336 and
being all of a tract of land conveyed to INSIGHT EQUITY ACQUISITION PARTNERS,
L.P. as recorded in Volume 016759, Page 0052 of the Deed Records of Tarrant County,
Texas ( DRTCT ) and being all of a tract of land conveyed to SOUTHWEST
PRODUCTS LLC as recorded in Document No. 000071890 ( DRTCT) and being more
particularly described as follows;
BEGINNING at the intersection of the west line of a tract of land conveyed to T.J.L.
GRAVEL COMPANY, L.P. as recorded in Volume 12686, Page 1309 ( DRTCT) and the
northerly Right -of -Way line of CALLOWAY CEMETERY ROAD ( variable width Right -of-
Way ) said point being the most southeasterly comer of LOT 1, BLOCK 1 of the
PETROLEUM INDUSTRIES INC. ADDITION, an addition to the City of Fort Worth as
recorded in Volume 388 -48, Page 908 of the Plat Records of Tarrant County, Texas
PRTCT ) which a % inch iron rod found bears North 81 deg 23 min 21 sec East a
distance of 1.15 feet;
THENCE departing the westerly line of said T.J.L. GRAVEL COMPANY tract and along
the northerly Right -of -Way line of said CALLOWAY CEMETERY ROAD North 89 deg 42
min 44 sec West a distance of 400.00 feet to the most southwesterly corner of said LOT
1, BLOCK 1 which a 5/8 inch iron rod found bears South 82 deg 22 min 08 sec West a
distance of 0.71 feet;
THENCE departing the northerly Right -of -Way line of said CALLOWAY CEMETERY
ROAD South 01 deg 34 min 16 sec West a distance of 30.00 feet to a point for corner in
the approximate centerline of said CALLOWAY CEMETERY ROAD;
THENCE along the approximate centerline of said CALLOWAY CEMETERY ROAD
North 89 deg 42 min 44 sec West a distance of 508.30 feet to a point for corner which a
Pk Nail found bears North 45 deg 35 min 56 sec West a distance of 0.90 feet;
THENCE departing the approximate centerline of said CALLOWAY CEMETERY ROAD
North 00 deg 14 min 59 sec East a distance of 30.00 feet to a 5/8 inch iron rod found for
the most southeasterly corner of LOT 3, BLOCK 1 of the PETROLEUM INDUSTRIES
INC. ADDITION, an addition to the City of Fort Worth as recorded in Volume 388 -196,
Page 64 of the Plat Records of Tarrant County, Texas ( PRTCT ), said point being in the
northerly Right -of -Way line of said CALLOWAY CEMETERY ROAD;
Resolution No. 07- 1255, Page 3 of 5
THENCE along the northerly Right -of -Way line of said CALLOWAY CEMETERY ROAD
North 89 deg 42 min 44 sec West a distance of 239.51 feet to a 5/8 inch iron rod found
for the most southeasterly corner of LOT 4, BLOCK 1 of the PETROLEUM
INDUSTRIES INC. ADDITION, an addition to the City of Fort Worth as recorded in
Cabinet B, Slide 225 of the Plat Records of Tarrant County, Texas ( PRTCT );
THENCE departing the northerly Right -of -Way line of said CALLOWAY CEMETERY
ROAD and along the easterly line of said LOT 4, BLOCK 1 North 00 deg 18 min 38 sec
East a distance of 444.90 feet to the most northeasterly corner of said LOT 4, BLOCK 1;
THENCE along the northerly line of said LOT 4, BLOCK 1 North 89 deg 42 min 44 sec
West a distance of 254.27 feet to a 1/2 inch iron rod found for the most northwesterly
corner of said LOT 4, BLOCK 1;
THENCE along the westerly line of said LOT 4, BLOCK 1 South 00 deg 12 min 20 sec
West passing through a 5/8 inch iron rod found at a distance of 147.95 feet and passing
through the most southwesterly corner of said LOT 4, BLOCK 1 at a distance of 444.90
feet continuing in all a distance of 474.71 feet to a point for corner in the approximate
centerline of said CALLOWAY CEMETERY ROAD which a Rail Road Spike found bears
North 20 deg 36 min 51 sec East a distance of 0.60 feet;
THENCE along the approximate centerline of said CALLOWAY CEMETERY ROAD
North 89 deg 39 min 29 sec West a distance of 488.19 feet to a Pk Nail found for corner,
said point being the most southwesterly corner of said SOUTHWEST PRODUCTS LLC
tract;
THENCE departing the approximate centerline of said CALLOWAY CEMETERY ROAD
and along the westerly line of said SOUTHWEST PRODUCTS LLC tract; North 00 deg
16 min 31 sec East a distance of 1124.30 feet to the most northwesterly corner of said
SOUTHWEST PRODUCTS LLC tract;
THENCE departing the westerly line of said SOUTHWEST PRODUCTS LLC tract and
along the northerly line of said SOUTHWEST PRODUCTS LLC tract South 89 deg 51
min 04 sec East a distance of 486.82 feet to a 5/8 inch iron rod found for the most
northeasterly corner of said SOUTHWEST PRODUCTS LLC tract, said point being the
most northwest corner of said LOT 3, BLOCK 1;
THENCE South 89 deg 49 min 44 sec East passing through a '/2 inch iron rod found for
the most northeasterly corner of said LOT 3, BLOCK 1 at a distance of 493.81 feet and
passing through a 3/8 inch iron rod found for the most northwesterly corner of said LOT
1, BLOCK 1 at a distance of 1028.13 feet continuing in all a distance of 1428.15 feet to
a 5/8 inch iron rod found for the most northeasterly corner of said LOT 1, BLOCK 1, said
point being found in the westerly line of the said T.J.L. GRAVEL COMPANY tract;
THENCE along the westerly line of said T.J.L. GRAVEL COMPANY tract South 01 deg
34 min 16 sec West a distance of 1099.33 feet to the POINT OF BEGINNING;
Resolution No. 07 -1255, Page 4 of 5
CONTAINING within these metes and bounds 46.004 acres or 2,003,943 square feet of
land more or less. Bearings contained within this field note description are based upon
an on the ground survey performed in the field on the 29th day of March, 2007 utilizing
GPS measurements.
Resolution No. 07 -1255, Page 5 of 5
Bryan W.Shaw,Ph.D.,Chairman APT OF Oil_ / 55-
Carlos Rubinstein,Commissioner p0' �� I l
Toby Baker,Commissioner e0 j� ��'a 7 0 (too7
Zak Covar,Executive Director _,o ��
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
November 5, 2013
CITY OF EULESS
201 N ECTOR DR
EULESS TX o
Re: Municipal Setting Designation (MSD) Certification for Direct Fuels, 12401, 12485, and
12625 Calloway Cemetery Road, Fort Worth,Tarrant County,TX; MSD No. 52
Dear Sir or Madam:
The TCEQ has certified the above referenced MSD application as submitted by Applicant's
name.As part of their application for a MSD,they identified you as the registered owner of a
private water well located within five miles of the above-referenced property. You should have
received notice of the application from either the applicant or the municipality (on behalf of the
applicant) at the time the applicant applied to the state for the MSD certificate.
An MSD is an official state designation given to property within a municipality or its
extraterritorial jurisdiction that certifies that designated groundwater at the property is not used
as potable water, and is prohibited from future use as potable water because that groundwater is
contaminated in excess of the applicable potable-water protective concentration level.The
prohibition must be in the form of a city ordinance, or a restrictive covenant that is enforceable
by the city and filed in the property records. Because the groundwater may not be used as
potable water,the scope of the investigation and response actions to address the contamination
may be limited to other potential types of exposure.
As required by the Texas Health and Safety Code § 361.807(a), the TCEQ is providing you copy
of the MSD certificate.This notice imposes no obligation upon you.
If you have any questions,please do not hesitate to contact our offices at msdlddtceq.texas.gov or
call us at(512) 239-2200 (Option 3). For more information on MSDs,feel free to visit our
website at www.tceq.texas.gov/remediation/msd.html.
Thank you,
Voluntary Cleanup Program –Corrective Action Section — .
r �
Remediation Division ;j�
(C �E pv% _ 1
MM
LI DEC 3 2013 : ,.
Enclosure
CITY tf g^ i r-�-.;.r••R
P.O.Box 13087 • Austin,Texas 78711-3087 • 512-239-1000 • tceq.texas.gov
How is our customer service? tceq.texas.gov/customersurvey
printed on recycled paper
Texas Commission on Environmental Quality
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Municipal Setting Designation
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 MSD No. 52, in the City of Fort Worth, 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"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.
My 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 /d&day of 2cCes; 'tai , 20 67
Glenn Shankle
Executive Director
Texas Commission on Environmental Quality
FIELD NOTE DESCRIPTION
DIRECT FUELS MSD AREA EXHIBIT
STATE OF TEXAS
COUNTY OF TARRANT
BEING a tract of land situated in the J.W. CALLOWAY SURVEY, Abstract No. 336
I and being all of a tract of land conveyed to INSIGHT EQUITY ACQUISITION
PARTNERS, L.P. as recorded in Volume 016759,Page 0052 of the Deed Records of
Tarrant County, Texas (DRTCT) and being all of a tract of land conveyed to
I SOUTHWEST PRODUCTS LLC as recorded in Document No. 000071890 (DRTCT)
and being more particularly described as follows;
I BEGINNING at the intersection of the west line of a tract of land conveyed to T.J.L.
GRAVEL COMPANY, L.P. as recorded in Volume 12686, Page 1309 (DRTCT) and
the northerly Right-of-Way line of CALLOWAY CEMETERY ROAD (variable width
Right-of-Way) said point being the most southeasterly corner of LOT 1, BLOCK 1 of
the PETROLEUM INDUSTRIES INC. ADDITION, an addition to the City of Fort
Worth as recorded in Volume 388-48,Page 908 of the Plat Records of Tarrant County,
Texas (PRTCT)which a %2 inch iron rod found bears North 81 deg 23 min 21 sec East a
distance of 1.15 feet;
t.
THENCE departing the westerly line of said T.J.L. GRAVEL COMPANY tract and
I along the northerly Right-of-Way line of said CALLOWAY CEMETERY ROAD North
r,:
89 deg 42 min 44 sec West a distance of 400.00 feet to the most southwesterly corner of
said LOT 1, BLOCK 1 which a 5/8 inch iron rod found bears South 82 deg 22 min 08 sec
1 West a distance of 0.71 feet;
THENCE departing the northerly Right-of-Way line of said CALLOWAY CEMETERY
r_' ROAD South 01 deg 34 min 16 sec West a distance of 30.00 feet to a point for corner in
t' the approximate centerline of said CALLOWAY CEMETERY ROAD;
I ;
4 THENCE along the approximate centerline of said CALLOWAY CEMETERY ROAD
t`'` North 89 deg 42 min 44 sec West a distance of 508.30 feet to a point for corner which a
Pk Nail found bears North 45 deg 35 min 56 sec West a distance of 0.90 feet;
THENCE departing the approximate centerline of said CALLOWAY CEMETERY
ROAD North 00 deg 14 min 59 sec East a distance of 30.00 feet to a 5/8 inch iron rod
found for the most southeasterly corner of LOT 3, BLOCK 1 of the PETROLEUM
1'`., INDUSTRIES INC.ADDITION, an addition to the City of Fort Worth as recorded in
Volume 388-196,Page 64 of the Plat Records of Tarrant County, Texas (PRTCT), said
point being in the northerly Right-of-Way line of said CALLOWAY CEMETERY
ROAD;
THENCE along the northerly Right-of-Way line of said CALLOWAY CEMETERY
ROAD North 89 deg 42 mm 44 sec West a distance of 239.51 feet to a 5/8 inch iron rod
i..
•
found for the most southeasterly corner of LOT 4, BLOCK 1 of the PETROLEUM
INDUSTRIES INC. ADDITION, an addition to the City of Fort Worth as recorded in
Cabinet B, Slide 225 of the Plat Records of Tarrant County,Texas (PRTCT);
THENCE departing the northerly Right-of-Way line of said CALLOWAY CEMETERY
ROAD and along the easterly line of said LOT 4, BLOCK 1 North 00 deg 18 min 38 sec
East a distance of 444.90 feet to the most northeasterly corner of said LOT 4,BLOCK 1;
THENCE along the northerly line of said LOT 4,BLOCK 1 North 89 deg 42 min 44 sec •
West a distance of 254.27 feet to a ''V2 inch iron rod found for the most northwesterly
corner of said LOT 4, BLOCK 1;
THENCE along the westerly line of said LOT 4,BLOCK 1 South 00 deg 12 min 20 sec
West passing through a 5/8 inch iron rod found at a distance of 147.95 feet and passing •
through the most southwesterly corner of said LOT 4,BLOCK 1 at a distance of 444.90
feet continuing in all a distance of 474.71 feet to a point for corner in the approximate
centerline of said CALLOWAY CEMETERY ROAD which a Rail Road Spike found
bears North 20 deg 36 min 51 sec East a distance of 0.60 feet;
THENCE along the approximate centerline of said CALLOWAY CEMETERY ROAD
North 89 deg 39 min 29 sec West a distance of 488.19 feet to a Pk Nail found for corner,
said point being the most southwesterly corner of said•SOUTHWEST PRODUCTS LLC
tract;
THENCE departing the approximate centerline of said CALLOWAY CEMETERY
•
ROAD and along the westerly line of said SOUTHWEST PRODUCTS LLC tract;North
00 deg 16 min 31 sec East a distance of 1124.30 feet to the most northwesterly corner of
said SOUTHWEST PRODUCTS LLC tract;
THENCE departing the westerly line of said SOUTHWEST PRODUCTS LLC tract and
along the northerly line of said SOUTHWEST PRODUCTS LLC tract South 89 deg 51
min 04 sec East a distance of 486.82 feet to a 5/8 inch iron rod found for the most
northeasterly corner of said SOUTHWEST PRODUCTS LLC tract, said point being the
most northwest corner of said LOT 3,BLOCK 1;
THENCE South 89 deg 49 min 44 sec East passing through a %2 inch iron rod found for
the most northeasterly corner of said LOT 3, BLOCK 1 at a distance of 493.81 feet and
passing through a 3/8 inch iron rod found for the most northwesterly corner of said LOT
1,BLOCK 1 at a distance of 1028.13 feet continuing in all a distance of 1428.15 feet to a
5/8 inch iron rod found for the most northeasterly corner of said LOT 1, BLOCK 1, said
point being found in the westerly line of the said T.J.L. GRAVEL COMPANY tract;
THENCE along the westerly line of said T.J.L. GRAVEL COMPANY tract South 01 deg
34 min 16 sec West a distance of 1099.33 feet to the POINT OF BEGINNING;
CONTAINING within these metes and bounds 46.004 acres or 2,003,943 square feet of
land more or less. Bearings contained within this field note description are based upon an
on the ground survey performed in the field on the 29th day of March, 2007 utilizing GPS
measurements.
SURVEYORS CERTIFICATE
The undersigned hereby certifies the above field note description was prepared from an •
on the ground survey performed in the field March 29, 2007 under the supervision of the
undersigned and that the field note description forms a mathematical figure of 1:15,000.
DATE: y/lo/d ?
. OF 7-
Leonard . Lueker ;LEONARD JAY...........................R
Registered Professional Land Surveyor ,. : 5714 V
Texas Registration No. 5714 °�� ...
- ` s�./aP .•
Winkelmann&Associates; Inc. ° suRVE�
6750 Hillcrest Plaza Drive, Suite 100 -
Dallas, Texas 75230 •
(972) 490-7090
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c)each retail public utility, as defined by Texas Water Code,§13.002,that owns or
operates a groundwater supply well located within five miles beyond the proposed ®Yes QNo3 0 NA4
MSD boundaries? j
3 Do not submit application. 2
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
()Yes 0\1°6
potable water5 use standard(i.e.,30 TAC 350, GWing)?
Was the groundwater contamination previously reported to the TCEQ? °Yes,when?
ONo
(To support implementation of HB 3030,78'h Legislature.) 4 / 1 / 03
Is there a potable-use well within the boundary of the proposed MSD that uses the °Yes6 No
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 QYes6 No
the designated groundwater?
Is the applicant aware of any non-consumptive use of the groundwater or other
. human health or ecological exposure pathways that are of concern? If yes, °Yes @No
specify:
Has each municipality and retail public utility identified in§361.8065 provided firm • QYes QNo6
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
and appropriately restricts other uses of and contact with the designated °Yes ONo
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[THSC§361.801(2)]. .
6 Do not submit an application.
i 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
1
§361.803 have been satisfied and are included with the application.
p i 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 befor he executive director certifies this application. r
•
Li)ci....-7_____ ✓��/vt� -
Applicant Signature ,, - n,( Date
Before me the undersigned authority,on this day personally appeared .
Nam of Not ry l t 7y(c Ch On /C �
and signed this Municipal Setting Designation Application.
Name of Applicant ---r� S�
Sworn, ubscribe and signed before me in the County of r Ke.( State of ,on the 3
day-of t,t(.�U St ,this month of , 20_a.(
TCEQ-20149 June 2007 2 i ... .., REBECCA
/ I�� ,^<I Mtr Commission Expires -
June 8,2009
h.,,