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HomeMy WebLinkAboutResolution 2011-033 RESOLUTION NO. 2011 -033 A RESOLUTION IN SUPPORT OF THE APPLICATION TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING DESIGNATION A 22.490 ACRE SITE DESCRIBED HEREIN. WHEREAS, on August 9, 2011 the Fort Worth City Council, approved ordinance number 19836 -2011 prohibiting the use of shallow groundwater at a 22.490 acre site in the City of Fort Worth known as 2525 Brennan Avenue, Fort Worth Texas more fully described in Exhibit "A "; and WHEREAS, the City Council of the City of Fort Worth, Texas, made a finding that it is in the best interest of the public and the city to facilitate the efforts of Chevron USA, Inc., to secure a municipal setting designation with the Texas Commission on Environmental Quality (TCEQ) for said Site; and WHEREAS, Applicant has 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 has provided notice of such application to the City of North Richland Hills; 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, Applicant has 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 will not endanger the water supply of the City; 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 Applicant's application to the Texas Commission of Environmental Setting Designation on the Site described in Exhibit A hereto. Resolution No. 2011 -033 Page 1 of 3 AND IT IS SO RESOLVED. PASSED AND APPROVED on the 14th day of November, 2011. oao �� � a M A" 11 r n r► n r . �CF{�,q� V ,����� /J CITY ORTH HLAND HILLS n By: z '• r =cam Oscar Trevino, Mayor A � T . Patricia Hutson, City Secretary APPR TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: - A' C"-� Mike Curtis, P.E., Managing Director Resolution No. 2011 -033 Page 2 of 3 EXHIBIT A A 22.490 acre tract of land out of the E. Little Survey, abstract No. 954, and the S. K. Smith Survey, abstract No. 1417, same being the remainder of that certain called 25.9 acre tract of land described in a deed from Freehold Property Co. to Gulf Refining Co. and recorded in volume 392, page 413 of the deed records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows to wit: BEGINNING at an iron rod found in the North margin of Brennan Avenue for the Southeast comer of lot 2, block I of the Gorbett Industrial Addition to the City of Fort Worth, recorded in volume 388 -23, at page 98 of the plat records, said rod being the Southwest comer of the herein described tract; THENCE N23 0 59'0 0 0 "E along the East line of lots 1 and 2 and the West line of the herein described tract a distance of 633.49 feet to a 2" iron pipe found in the South right of way line of a railroad spur, for the Northwest comer of the herein described tract; THENCE S71 0 44'20 "E along the South right -of -way line of a railroad spur a distance of 1291.30 feet to an iron rod found for the point of curvature of a curve to the left having a radius of 1654.01 feet; THENCE Easterly along said curve, through a central angle of 12 °14'10 ", an arc distance of353.23 feet to an iron rod found in the West margin of Cold Springs Road for the Northeast comer of this tract; THENCE S32 0 35'14 "W along the West margin of Cold Springs Road a distance of192.88 feet to an iron rod found for an angle point; THENCE S14 °30'31 "W continuing along the West margin of Cold Springs Road a distance of 383.22 feet to an iron rod found for the point of curvature of a curve to the right having a radius of 92.57 feet; THENCE Southwesterly along said curve, through a central angle of 93 °40'40 ", an arc distance of 151.35 feet to an iron rod found in the North margin of Brennan Avenue; THENCE N71 0 48'27 "W along the North margin of Brennan Road a distance of398.18 feet to an iron rod found for the Southeast comer of a called 1.331 acre tract of land; THENCE N18 0 18'03 "E a distance of227.94 feet to an iron rod found for the Northeast comer of a called 1.331 acre tract of land; THENCE N71 °34'38 "W a distance of254.09 feet to an iron rod found for the Northwest comer of a called 1.331 acre tract; THENCE S18 0 15'34 "W a distance of228.62 feet to an iron rod found in the North margin of Brennan Avenue for the Southwest comer of a called 1.331 acre tract; THENCE N71 °42'42 "W along the North margin of Brennan Avenue a distance of 938.00 feet to the place of beginning and containing 22.490 acres of land, more or less; Resolution No. 2011 -033 Page 3 of 3