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HomeMy WebLinkAbout12-1388 04-10-2012 RESOLUTION NO. 12-1388 A RESOLUTION SUPPORTING THE APPLICATION OF FAITH CHRISTIAN SCHOOL, INC. FOR A MUNICIPAL SETTING DESIGNATION FOR THE PROPERTY LOCATED AT 729 E. DALLAS ROAD IN GRAPEVINE, 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 one (1) groundwater supply well located at 2505 North Main Street in the City of Euless situated within a five (5) mile radius of the proposed MSD location; and WHEREAS, the City of Grapevine has passed a resolution (dated March 6, 2012) in support of the MSD application and restricted 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 729 E. Dallas Road, Grapevine, Texas, (see Exhibit "A"), will have no effect upon the quality of water produced from the groundwater supply well located at 2505 North Main Street 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 729 E. Dallas Road in the City of Grapevine, Texas, and as described in the attached Exhibit "A". APPROVED AND ADOPTED at a regular meeting of the Euless City Council on the 10th day of April 2012, by a vote of 7 ayes, o nays, and o abstentions. APPROVED: Mary Lib S eh Mayor ATTEST: /,.?4/ imISutter, RMC City Secretary Resolution No. 12-1388, Page 2 of 3 EXHIBIT "A" LEGAL DESCRIPTION BEING a 13.397 acre tract of land in the E. Moore Survey,Abstract 1029 and being a portion of Lot 1, Block 1Faith Christian School as recorded in Cabinet A,Slide 11291 of the Plat Records of Tarrant County,Texas and being more particularly described as follows: BEGINNING at a 1/2" iron rod found and said point being the northeast corner of Lot 1, Block 1, Connell- Campbell Addition an addition to the City of Grapevine,Tarrant County,Texas and said point also being the northwest corner of Lot 2, Block 1, Connell-Campbell Addition and being in the south right-of-way line of Dallas Area Rapid Transit as recorded in Volume 10146, Page 640 D.R.T.C.T.; THENCE N 81°00' 55" E along said south right-of-way a distance of 259.50 feet to a metal chain link fence post for a corner and said point being by plat call the northeast corner of said Lot 2 and the northwest corner of said Lot 1 Faith Christian; THENCE N 81°03'39" E along said south right-of-way line a distance of 259.31 feet to a 1/2" iron rod found with a "TQ Burks#5509"cap; THENCE N 80° 39'49" E along said south right-of-way line a distance of 574.73 feet to a 1/2" iron rod found with a "TO Burks#5509"cap and said point being the northeast corner of said Lot 1 and also being by plat call the northwest corner of Lot 23 Sunshine Harbor Addition an addition to the City of Grapevine,Tarrant County,Texas as recorded in Volume 388-23, Page 34 P.R.T.C.T.; THENCE S 09° 29' 10" E along the west line of said Lot 23 a distance of 120.00 feet to a point in the north right-of-way line of Easy Street(50' R.O.W.)and also being the northeast corner of Sunshine Harbor Park; Thence S 80°39'49" W along the north side of Sunshine Harbor Park passing at a distance of 289.41 feet the northwest corner of said Park and continuing along the north right-of-way line of Easy Street in all a distance of 332.60 feet to a 1/2" iron found with a "TQ Burks#5509"cap and said point being in the south right-of-way line of Easy Street and in the west right-of-way line of said Dawn Lane; THENCE S 01° 24' 31" E along said west right-of-way line a distance of 643.12 feet to a 1/2" iron rod found with a "TQ Burks#5509" cap; THENCE S 44° 37' 16"W a distance of 20.83 feet to a 1/2" iron rod found with a "TQ Burks#5509" cap in the north right-of-way line of Dallas Road (90' R.O.W.); THENCE N 89°20' 56"W along said north right-of-way line a distance of 695.95 feet to a 5/8" iron rod found at the southeast corner of that certain tract of land as described in deed to Kimball Road, LP as recorded in CC File No. D207260365 D.R.T.C.T.; THENCE N 00° 10' 35" W leaving said right-of-way a distance of 130.13 feet to a 3/8" iron rod found; THENCE N 89°25'06" W a distance of 75.57 feet to a 1/2" iron rod found; THENCE N 00°03'09"W a distance of 517.20 feet to the Point of Beginning and containing in all 583,558 square feet or 13.397 acres of land. Resolution No. 12-1388, Page 3 of 3 Bryan W.Shaw,Ph.D.,Chairman Carlos Rubinstein,Commissioner Toby Baker,Commissioner Zak Covar,1 xecutiue Dircetnr TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution July 6, 2012 Ms. Kim Sutter, TRMC City Secretary City of Euless 201 N. Ector Drive Euless, Texas 76039 Re: Municipal Setting Designation Certification (MSD) for Faith Christian School, Inc., 729 E. Dallas Road, Grapevine, Texas; MSD No. 205 Dear Ms. Sutter: As required by TEX HEALTH & SAFETY CODE §361.8o7(a)(2), enclosed is a copy of the MSD dated June 25, 2012. The City of Euless passed a resolution (Resolution No. 12-1388) in support of this MSD application. For this reason, the Texas Commission on Environmental Quality is required to provide you a copy of the MSD Certificate. If you have any questions, please contact me at (512) 239-3044. Sincerely, i , f-It- , Mark R. Riggle, P.G., Project pager illVCP-CA Section Remediation Division MRR/jdm _._ Enclosure J U L 1 2. 2012 P.O. Box 1308- • .Austin.Teas-8.-ti 1 3118'' • 512-239)-mo n • tcey.lemgoN I Iow is our customer service? tcuti.testis.gov/custoniersurve� TEXAS COMMISSION ON ENVIRONMENTAL QUALITY MUNICIPAL SETTING DESIGNATION CERTIFICATE As provided for in §361.807, Subchapter W,Texas Health and Safety Code (Solid Waste Disposal Act): I, Zak Covar, Executive Director of the Texas Commission on Environmental Quality certify the Municipal Setting Designation (MSD) for MSD No. 205, in the City of Grapevine, for 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 §361.8o4(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 the day of , 20� . Covar Executive Director Texas Commission on Environmental Quality , c x(-f t't 3 ,1\ yA b iU Z e..)S u)III O J p, O W I- = o =a >- -J �n 0 Z O ZO Z D 3 -Z L� < 0 U V 0)Z }- Z� D o F-: OZ� =Z !co. Q� Z �.�Q UO i �UF'_ m P,S. Y;..,,.� �mF =U � w QQOi .4, ac ��• Q N Ff= 3 3 F �? r"O m O; a.\1.,,--° f u. F-U U Z LLI -1 1n Iu .O (� 7 I �' O `-O % > o:d y. u7 k l cn S, ^,Dr=,part'. • ' u_ _1 o CC 0 • U I yiI> _• O O., Y —.-- ON"LANE ti.R.0 W.) -_ -_�— v .1--sr,ICI v 'A '' - S D1.24'J1'c E13.1 -- ^:.,._- a V 1 15 - - U O .I 2.=:t O 1 \III ' �' .'bi 1 5 1 a.. I c W G'a L \ `' 1 °3 s o Q ^ s- n O - a ._ -• 'n _C 7,, = _ • O _ T▪ v O fA j=Z • Z JI U- w▪ p O ▪ ° 5: 3 ▪ a ax �r ms N.,,v_ n a�zz _ d ,,r-_ — _ m L �� - -; I .01001/0.2.2.01-00 N! ' 1 i1>I - .J•, I ,,�M ... . s ICI d N ll C ----- -- p 0 ^^�8 n _� - - _ 1._- — _ .. s - .."R^°_� - " - = =L _1 z o W 3 _ w = 0 o l 3 Exr�rr 'dr “A', ki-ts L� "k. z ' I LEGAL DESCRIPTION I I BEING a 13.397 acre tract of land in the E. Moore Survey,Abstract 1029 and being a portion of Lot 1,Block 1Faith Christian School as recorded in Cabinet A, Slide 11291 of the Plat Records of Tarrant County,Texas and being more particularly described as follows: BEGINNING at a 1/2"iron rod found and said point being the northeast corner of Lot 1,Block 1,Connell-Campbell Addition an addition to the City of Grapevine,Tarrant County,Texas and said point also being the northwest corner of Lot 2,Block 1,Connell-Campbell Addition and being in the south right-of-way line of Dallas Area Rapid Transit as recorded in Volume 10146,Page 640 D.R.T.C.T.; THENCE N 81°00'55"E along said south right-of-way a distance of 259.50 feet to a metal chain link fence post for a corner and said point being by plat call the northeast corner of said Lot 2 and the northwest corner of said Lot 1 Faith Christian; THENCE N 81°03'39"E along said south right-of-way line a distance of 259.31 feet to a 1/2"iron rod found with a 'TO Burks#5509"cap; THENCE N 80°39'49"E along said south right-of-way line a distance of 574.73 feet to a 1/2"iron rod found with a'TQ Burks#5509"cap and said point being the northeast corner of said Lot land also being by plat call the northwest corner of Lot 23 Sunshine Harbor Addition an addition to the City of Grapevine,Tarrant County, Texas as recorded in Volume 388-23,Page 34 P.R.T.C.T.; THENCE S 09°29'10"E along the west line of said Lot 23 a distance of 120.00 feet to a point in the north right-of-way line of Easy Street (50'R.O.W.)and also being the northeast corner of Sunshine Harbor Park Thence S 80°39'49"W along the north side of Sunshine Harbor Park passing at a distance of 289.41 feet the northwest comer of said Park and continuing along the north right-of-way line of Easy Street in all a distance of 332.60 feet to a 1/2"iron found with a"TO Burks#5509"cap and said point being in the south right-of-way line of Easy Street and in the west right-of-way line of said Dawn Lane; THENCE S 01°24'31"E along said west right-of-way line a distance of 643.12 feet to a 1/2"iron rod found with a'TQ Burks#5509"cap; THENCE S 44°37'16"W a distance of 20.83 feet to a 1/2"iron rod found with a'TO Burks#5509"cap in the north right-of-way line of Dallas Road(90'R.O.W.); THENCE N 89°20'56"W along said north right-of-way line a distance of 695.95 feet to a 5/8"iron rod found at the southeast corner of that certain tract of land as described in deed to Kimball Road,LP as recorded in CC File No.D207260365 D.R.T.C.T.; THENCE N 00° 10'35"W leaving said right-of-way a distance of 130.13 feet to a 3/8"iron rod found; THENCE N 89°25'06"W a distance of 75.57 feet to a 1/2"iron rod found; THENCE N 00°03'09"W a distance of 517.20 feet to the Point of Beginning and containing in all 583,558 square feet or 13.397 acres of land. SURVEYORS CERTIFICATE The plat shown hereon is a representation of the property as determined by an actual on the ground survey: the lines and dimensions of said property being indicated by the plat. The undersigned has no knowledge of or has been advised of any known or apparent intrusions,conflicts, easements,or protrusions except as shown. The word certify as used in various forms herein is understood to be an expression of Professional opinion by the surveyor based on his best knowledge, information, and belief. 9/6/,, ..2........ Tommy Q. Burks ':%o- Registered Professional Land Surveyor No. 5509 •TOMMY O. BUR KS Burks Land Surveying 3988 N Hwy 287, Unit 3 • 5509 Alvord,Tx 7622 ••'1,p"�e s s t-• 817/228-5577 S U R`I' E-Mail:blsurvey,c mypbmail.com ili • Exhibit B Municipal Setting Designation Affidavit of Eligibility �15:.J No. 205 BEQ F ME,the undersigned authority, on this day personally appeared i- , as an authorized representative of V ? INA! ,known to me to be the person whose name is subscribed below who being by me first duly sworn, upon their oath, stated as follows: I am over the age of 18 and legally competent to make this affidavit. I have personal knowledge of the facts stated herein. I affirmatively state that (place an X in all applicable blanks) © The MSD eligibility criteria of THSC Section 361.803 are satisfied. n 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. n A true and accurate copy of a legal description of the proposed MSD property is included with the application. n Notice has been 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 app 'cation. i i �►�� Date: 05/D2�12- Signature CVY\ Printed Name arp„.t PEKE SAL Notary Public,State of Texas I ' = My Commission Expires Title '?;`:'y‘i,;"' September 23, 2014 STATE OF "Tems COUNTY OF Tor'anP nd � f SUBSCRIBED AND SWORN before me on this th e y of 1 vk� 201G^,to which witness my and and seal of office. day Notary Public in and for the State of TeX_.' TCEQ 20149 August 2011