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HomeMy WebLinkAboutResolution 2008-025RESOLUTION NO. 2008-025 A RESOLUTION IN SUPPORT OF THE APPLICATION TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING DESIGNATION AT 3709 EAST FIRST STREET, FORT WORTH, TEXAS. WHEREAS, on February 19, 2008, the City Council of the City of Fort Worth, Texas, approved ordinance number 17988-02-2008 prohibiting the use of shallow groundwater for potable purposes at 3709 East First Street, Fort Worth, Texas ("Site") more fully described in Exhibit "A"; and WHEREAS, the City Council of the City of Fort Worth, Texas, made a finding that is in the best interest of the public and the city to facilitate the efforts of Bobby Cox Companies, Inc. to secure a municipal setting designation with the Texas Commission on Environmental Quality (TCEQ) for said Site; and WHEREAS, Applicants have filed an application with the TCEQ for certification of a municipal setting designation for the Site pursuant to Texas Health and Safety Code, chapter 361, Subchapter W, and have provided notice of such application to the City of North Richland Hills; and WHEREAS, Texas Health and Safety Code, § 361.8065 provides that an application to the TCEQ for a municipal setting designation will not be certified unless the application is supported by a resolution adopted by certain entities, including the city council of each municipality that owns or operates a groundwater supply well located not more than five miles from the property for which the designation is sought; and WHEREAS, the City of North Richland Hills owns or operates groundwater supply wells located not more than five miles from the boundary of said Site; and WHEREAS, Applicants have continuing obligations to satisfy applicable statutory and regulatory provisions concerning groundwater contamination investigation and response actions at the Site; and WHEREAS, the certification of a Municipal Setting Designation for the Site is in the best interest of the community; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS TEXAS: SECTION 1. The City of North Richland Hills supports the application of Bobby Cox Companies Inc. to the Texas Commission on Environmental Quality for a Municipal Setting Designation of the Site located as described in Exhibit A and in Fort Worth Ordinance No. 17988-02. Resolution No. 2008-025 Page 1 of 4 AND IT IS SO RESOLVED. PASSED AND APPROVED this 13th day of May 2008. ~~ unp ~1CwN lq~ ,•'` •~ O ~` n y~ ESTr N .~ P ity Secretary ~i~unu~uu+~u APP S T FORM AND LEGALITY: George A. tap s, ity Attorney APPROVED AS TO CONTENT: ike Curtis, P.E., Public Works Director CITY F RTH I HLAND LLS By: '~~~~ Oscar Trevino, Mayor Resolution No. 2008-025 Page 2 of 4 DESCRIPTION OF PROPERTY -EXHIBIT A Being a tract of land situated in the City of Forth Worth, Tarrant County, Texas and being a portion of Lot 1, Block 1, STANDARD MEAT COMPANY ADDITION, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-58, Page 846 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.) and a portion of Lot 2, Block 1, STANDARD MEAT COMPANY ADDITION, an addition to the City of Forth Worth, Tarrant County, Texas as recorded in Volume 388-114, Page 881 of the P.R.T.C.T. and a portion of Lot 1 and a portion of Lot 2, Block 1, GULF STATES SUBDIVISION, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-66, Page 25 of the P.R.T.C.T. and deeded to Design Foods, Inc, in Volume 10968, Page 1433 and being a portion of a 0.48 acre tract of land deeded to Design Foods, Inc., as recorded in Volume 10968, Page 1433 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.) and a portion of a 0.517 acre tract of land deeded to Design Foods, Inc. as recorded in Volume 10968, Page 1433 of the D.R.T.C.T., said tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found for corner in the most southerly west line of said Lot 1, Block 1, STANDARD MEAT COMPANY ADDITION, said 5/8 inch iron rod being North 00 degrees 01 minutes 16 seconds West, a distance of 19.19 feet from the most southerly southwest corner of said Lot 1, Block 1, STANDARD MEAT COMPANY ADDITION, and being in the east line of Lot 3, Block 1, ALPHA ADDITION, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-113, Page 333 of the P.R.T.C.T., said 5/8 inch iron rod also being in the north right-of-way line of East First Street (a 68.0' right-of way); THENCE North 00 degrees 01 minutes 16 seconds West, with the most southerly west line of Lot 1, Block 1, STANDARD MEAT COMPANY ADDITION, a distance of 305.83 feet to a'/z inch iron rod found for the west interior corner of said Lot 1, Block 1, STANDARD MEAT COMPANY ADDITION, said iron rod also being the northeast corner of said Lot 3, Block 1, ALPHA ADDITION; THENCE North 89 degrees 56 minutes 30 seconds West, with the most westerly south line of said Lot 1, Block 1, STANDARD MEAT COMPANY ADDITION and the north line of said ALPHA ADDITION, a distance of 140.10 feet to a '/Z inch iron rod found for the most westerly southwest corner of said Lot 1, Block 1, STANDARD MEAT COMPANY ADDITION and for the northwest corner of said ALPHA ADDITION, said '/z inch iron rod also being in the east line of Lot 1, Block 1, ALPHA ADDITION, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-93, Page 295 of the P.R.T.C.T.; THENCE North 00 degrees 01 minutes 16 seconds West, with the most westerly line of said Lot 1, Block 1, STANDARD MEAT COMPANY ADDITION and the east line of said Lot 1, Block 1, ALPHA ADDITION, Resolution No. 2008-025 Page 3 of 4 a distance of 100.00 feet to a 5/8 inch iron rod found for the northwest corner of said Lot 1, Block 1, STANDARD MEAT COMPANY ADDITION and the northeast corner of said Lot 1, Block 1, ALPHA ADDITION, said 5/8 inch iron rod also being in the southeasterly right-of-way line of the Chicago Rock Island & Gulf Railroad (CRI & GR); THENCE North 54 degrees 28 minutes 17 seconds East, with the northerly line of said Lot 1, Block 1, STANDARD MEAT COMPANY ADDTION and with the said southeasterly right-of-way line of the CRI & GR, a distance of 728.00 feet to a 5/8 inch iron rod found for the northeast corner of said Lot 1, Block 1, STANDARD MEAT COMPANY ADDITION, said 5/8 inch iron rod also being the northwest corner of said Lot 2, Block 1, GULF STATES ADDITION; THENCE North 54 degrees 21 minutes 17 seconds East, with the said southeasterly right-of-way line of the CRI & GR and with the northerly line of said Lot 2, Block 1, GULF STATES ADDITION, a distance of 253.40 feet to a 5/8 inch iron rod found for corner, from which a fence post found for the northeast corner of said Lot 2, Block 1, GULF STATES ADDITION bears North 54 degrees 21 minutes 17 seconds East, a distance of 377.12 feet; THENCE South 00 degrees 17 minutes 36 seconds East, a distance of 313.34 feet to a 5/8 inch iron rod found for corner THENCE North 89 degrees 38 minutes 48 seconds East, a distance of 16.60 feet to a 5/8 inch iron rod found for the most southerly interior corner of said Lot 2, Block 1, GULF STATES ADDITION, said 5/8 inch iron rod being in the north right-of-way line of T.N. Austin Avenue (a 31.5' right-of-way); THENCE South 00 degrees 00 minutes 48 seconds West, with the most southerly east line of said GULF STATES ADDITION, a distance of 665.05 feet to a 5/8 inch iron rod found for corner in the north right- of-way line of said East First Street; THENCE North 89 degrees 51 minutes 53 seconds West, with the north right- of-way line of said East First Street, a distance of 676.19 feet to the POINT OF BEGINNING and containing 521,691 square feet or 11.976 acres of land, more or less. Resolution No. 2008-025 Page 4 of 4