HomeMy WebLinkAbout08-1277 05-13-2008RESOLUTION NO. 08 -1277
A RESOLUTION SUPPORTING THE APPLICATION OF VAN -TEXAS
PROPERTIES, L. P., FOR A MUNICIPAL SETTING DESIGNATION FOR
THE PROPERTY LOCATED AT 2401 AND 2421 ASCENSION
BOULEVARD (ASCENSION CROSSING SHOPPING CENTER) IN
ARLINGTON, TEXAS.
WHEREAS, Chapter 361, Subchapter W of the Texas Health and Safety Code
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 an 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 a five (5) mile radius 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 Arlington has enacted an ordinance (dated April 1, 2008)
in support of the MSD application and restricting the use of groundwater at the
proposed MSD location; and
WHEREAS, the Director of Public Works for the City of Euless has determined
that certification of an MSD for the property located at 2401 and 2421 Ascension
Boulevard, Arlington, 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:
SECTION 1
The City of Euless supports and does not oppose the establishment of a
Municipal Setting Designation for the property located at 2401 and 2421 Ascension
Boulevard in the City of Arlington, Texas, and as described in Exhibit "A ".
APPROVED AND ADOPTED at a regular meeting of the Euless City Council on
the 13th day of May, 2008, by a vote of 6 ayes, 0 nays, and 0 abstentions.
APPROVED:
%1 (
Mary LiL/Saleh, Mayor
ATTEST:
an Grim, RMC, City Secretary
Resolution No. 08-1277, Page 2 of 3
EXHIBIT A
The legal description of the property at 2401 Ascension is as follows: "Lots 2BR and
2CR, Block 4, The Meridian - Section One Addition, Volume 388 -187, Page 15, and Lot
2AR2, Block 4, The Meridian - Section One Addition, Cabinet A, Slide 363 Plat Records,
Tarrant County, Texas
The legal description of the property at 2421 Ascension is as follows: "Lots 2DR, Block
4, The Meridian, Section One, an Addition to the City of Arlington, Tarrant County, Texas
according to the Plat recorded in Volume 388 -187, Plat Records, Tarrant County, Texas.
Resolution No. 08 -1277, Page 3 of 3
Bryan W.Shaw,Ph.D.,Chairman
Carlos Rubinstein,Commissioner S
0'"
Toby Baker,Commissioner '4 VIP ,`�"1il�
Zak Covar,Executive Director 4 " ^V7 a
TEXAS COMMISSION ON ENVIRONMENTAL 14
Protecting Texas by Reducing and Preventing Pollution D C IE O V LS 1
August 26, 2013
SEP 3 +2013 -'
EULESS CITY OF
201 N ECTOR DR CITY OF EULESS
EULESS TX 76039
Re: Municipal Setting Designation (MSD) Certification for Ascension Crossing Shopping
Center, 2401 and 2421 Ascension Boulevard,Arlington,TX; MST)No, 101
Dear Sir or Madame:
As required by TEX HEALTH & SAFETY CODE §361.8o7(a), please find attached a copy of the
Municipal Setting Designation Certificate that has been issued for the above-referenced
property. You are provided this notice because you were identified, by the MSD applicant, as
the registered owner of a water well located within five miles of the above-referenced property.
State law requires all Municipal Setting Designation applicants to provide notice to all such
registered well owners at the time they apply to the state for the designation. Further, state law
requires the Texas Commission on Environmental Quality to provide you a copy of the
certificate when issued. This notice imposes no obligation upon you. If you have no interest in
this matter, please feel comfortable in discarding the certificate and we apologize for any
inconvenience we have caused you. A definition of a Municipal Setting Designation is provided
below:
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.
If you have any questions, please visit our website at
http://www.tceq.texas.gov/remediation/msd.html or email msd@tcey.texas.gov.
Sincerely,
Andre V. Price, Project Manager
VCP-CA Section
Remediation Division
AP/mm
Enclosure
P.O.Box 13087 • Austin,Texas 78711-3087 • 512-239-10oo • tceq.texas.gov
How is our customer service? tceq.texas.gov/customersurvey
primed 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, Mark R. Vickery, Executive Director of the Texas Commission on Environmental Quality certify
the Municipal Setting Designation for MSD No. 101, in the City of Arlington, 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.
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.
___LJ_____
EXECUTED this I'F' day of , 2009.
---q■ my Ii6=16,,41 -
A& ■GAIIIILV
Mark R. Vickery, P.G.
Executive Director
Texas Commission on Enviro nt ity
2421 ASCENSION BLVD. -METES AND BOUNDS DESCRIPTION
BEGn'TrING at a '/2 inch iron rod act at the southeast corner of said Lot 2CR. .;amc being in the
northwesterly right-of-way of Brown Boulevard, a variable with public right-of-way. Said iron also being
the beginning of a curve to the left having a central angle of 03° 34' 51". a radius of 635.00 feet, and a long
chord hearing S 70° 0.6' 08"W. and length of 39.68 feet;
THENCE along said curve and the common line of said Lot 2CR and Brown Boulevard a distance of 39.69
feet to a 1.2 inch iron rod set;
THENCE S 68° 18' 42"W,continuing along said common line, 338.88 feet to a '/ inch iron rod found;
THENCE S 70° 24' 42"W,continuing along said common line, 150.10 feet to a '/z inch iron rod set;
THENCE S 68° 18' 42"W,continuing along said common line, 181.48 feet to a 'h inch iron rod set at the
most easterly point of a clip-corner at the intersection of the aforementioned northwesterly right-of-way
line of Brown Boulevard with the easterly right-of-way line on Ascension Boulevard, a variable width
public right-of-way;
THENCE N 66°41' 21"W,along said rip-corner, 14.14 feet to a '/2 inch iron rod set in said easterly right-
of-way line;
THENCE N 21°41' 18"W,along the common line of said Lot 2CR and Ascension Boulevard, 179.00 feet
to an `X' cut in concrete;
THENCE N 23°47' 18"W,continuing along said common line, 16.01 feet to an `X' cut in concrete at the
southwest corner of Lot 2DR of the aforementioned Block 4, same being the most southerly northwest
corner of said Lot 2CR;
THENCE N 68° 18'42"E,leaving the easterly right-of-way line of Ascension Boulevard and along the
common line of said Lot 2CR and Lot 2CR, 190.00 feet to an `X' cut in concrete;
THENCE N 21°41' 18"W,continuing along said common line 166.00 feet to an `X' cut in concrete;
THENCE S 68° 18'42"W,continuing along said common line, 194.91 feet to an `X' cut in concrete in the
aforementioned easterly right-of-way line of Ascension Boulevard;
THENCE N 21°41' 18"W,along the common line of said Ascension Boulevard and Lot 2CR, 15.00 feet
to an `X' cut in concrete at the most southerly corner of Lot 2AR of the aforementioned Block 4;
THENCE along said northeast line of Ascension Boulevard N 71°41' 18"W, a distance of 219.58 feet to a
5/8 inch rod found for corner lying at the beginning of a curve to the right having a central angle of 67°
52", a radius of 567.50,a chord bearing of N 12° 15' 38" E, and a chord length of 633.84 feet;
THENCE along said curve to the right an arc distance of 672.51 feet to a 5/8 inch rod found for corner;
THENCE N 50° 08'47"W a distance of 177.73 feet to the southerly corner of Lot 2AR1;
THENCE S 30° 50' 13"W. a distance of 177.65 feet to the curving southwest line of Green Oaks
Boulevard (120' R.O.W.),said point lying in a curve to the left having a central angle of 12° 06' 50", a
radius of 1260.0 feet, a chord bearing of 52° 14' 06"E, and a chord length of 265.90 feet;
THENCE along the southwest R.U.W line of Green Oaks Boulevard an arc length of 690.00 feet to a 5/8
inch non rod found in the arc of said curve to the left,being the same northeast corner of the tract herein
described, and from which the point of tangency of said curve bears S 84° 50' 07"E, a distance of 180.05
feet;
•
THENCE S 01°04' 03"W, leaving said curve to the left, same being said south R.O.W. line of Green Oaks
Boulevard, a distance of 662.22 feet tc,the POINT OF BEG17\'NING of the tract herein described,
containing within these metes and hounds, 17.752 acres (773,267 Sq. Ft.) of land, more or less.
2401 ASCENSION BLVD. - METES AND BOUNDS DESCRIPTION
BEGINNING at an "X"cut in concrete set for corner at the most southerly corner of said Lot 2DR, same
being in the northeasterly line of Ascension Boulevard (variable R.O.W.);
THENCE N 23°47' 18"W,along said northeasterly line, for a distance of 134.08 feet to an "X" cut in
concrete set for corner;
THENCE N 21°41' 18"W,continuing along said northeasterly line, for a distance of 32.00 feet to an "X"
cut in concrete set for corner at the northwesterly corner of aforementioned Lot 2DR;
THENCE N 68° 18'42"E, departing said northeasterly line of Ascension Boulevard and along the
northerly line of said Lot 2DR,for a distance of 196.22 feet to an"X"cut in concrete set for corner at the
most northerly corner of said Lot 2DR;
THENCE S 21° 14' 18"E,along the easterly line of said Lot 2DR, for a distance of 166.00 feet to an "X"
cut in concrete set for corner at the southeasterly corner of said Lot 2DR;
THENCE S 68° 18' 42"W,along the southerly line of said Lot 2DR, for a distance of 190.00 feet to the
POINT OF BEGINNING,and containing 32,134 square feet or 0.738 acres of land, more or less.
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7. O. Dlsheroon Registered Profeselonol Land Surveyor
J 6717 DeI.O r armor Feel worrl4 Tomes' 76116 T31-05E7 FAX 732-2044
.it 2DR, Bloc]; 4, ..rt M1lkIDIAN, SP.CI'IgN ,DN E, nn Arlrlit:ion 1.0 tI t r'.i t o' A, t inryr,7t ,
Tarrant Culnty, 'I'e°a::, accnrrl.i.nrl to the plat recurrierl in Volume 1f1f'-157, 1,,�,),, 1
Plat Records of Tarr,vit cr.unty, "iex.ac;.
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r1111.1h According to TEMA/ U.S. Dapartmint of Ronainq and Urban Development thi s
Property is nut in the 100 Year r1ood Loner According 'to Community Panel
Nu/mbar 413439C 01346 Gated J c
I. hereby certify that this survey was suds on the ground of the property legally
described hereon and is correct, and that there are no discrepancies, conflicts!,
shortages in irsa, boundary line oonflicti,' encroachments, overlapping of
improvements, 'easements or rights of way, •except as shown hereon, and that said
i. property has cocas. to and from a dedicated roadway,
Surveyed .on *_}]• ground
• May 24, 1993
/ TITLE CO,
' T. 0, Disheroon,, R.P.L.S No. 1276 Cr, NO
7f Or.rte MORTGAGE CO.;=r a c R.nl-
I- %,gF`y t ,! ,, �.. • a°RRDKER•
`S �y � fi e,�tSHEROON •I ro
,t • , ' x ; 930813'
' ' VOL't aYt y„ 2, ' . JOE O•!' if `l `C. _ ,/ t . U•
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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 0No3 0 NA`
MSD boundaries? .
3 Do not submit application.
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.
./!(' I L{Z io
Is the proposed designated groundwater contaminated in excess of an applicable ()Yes 106
potable waters use standard (i.e., 30 TAC 350,GwGW1 )?
Was the groundwater contamination previously reported to the TCEO? ()Yes, when?
ONo
(To support implementation of HB 3030, 78th Legislature.) 01/ 07 /02
Is there a potable-use well within the boundary of the proposed MSD that uses the 0YeS6 0 N
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 OYess ®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 ®YesJo6
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? J I
s"Potable water" means water that is used for irrigating crops intended for human consumption. drinkino.
+ showering, bathing, or cooking purposes[THSC§361.801(2)).
f 6 Do not submit an application.
l.affrmatively state that (place an X in all applicable blanks):
I J The MSD eligibility criteria of THSC §361.803 are satisfied.
V 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.
j./ 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.
.... .i0°. .-,----- ___.-------- /--:----- --, .77 Z_:--- c-2/ ,
/-
Applicant
ure /' "-✓ Date
Before rne�E A(Al 'y/ fU E the undersigned authority, on this day personally appeared
Nam of Notary
A : h/jam )J i 2 ER kh n v E and signed this Municipal Setting Designation Application.
Name of Applicant ,/
Sworn, subscribed and signed before me in the County of U! E i25,-, I D E- , State of 04,, on the "�`
day of /-`E 6 , this month of ?-E P-0-441 20 &.7
/ i _•0^-...„ PENNY POYNTER
TCEQ-20149 Sept 2006 2 c� ..'�-..,ti "_ comm.#1758556
a -r,- NOTARY PUBLIC-CALIFORNIA 41