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HomeMy WebLinkAboutResolution 3880-05-2010 A Resolution NO 3880-05-2010 FOR THE RECORDING OF DEED RESTRICTIONS ON BEHALF OF DALLAS/FORT WORTH INTERNATIONAL AIRPORT AS PART OF THE RESPONSE ACTION PLAN REQUIRED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY WHEREAS the Cities of Fort Worth and Dallas, Texas, ("Owner Cities"), as record owners of fee title to the Dallas Fort Worth International Airport land, are required to file all deed notices related to airport property and WHEREAS by Resolution No 2004-08-0253 the Dallas/Fort Worth International Airport Board ("Board") authorized the Board s Chief Executive Officer to approve the use of Texas Risk Reduction Program (TRRP) Standard Remedy B for cleanup of the Northwest Cargo Area pursuant to the Voluntary Cleanup Program Agreement dated June 11 2002 with the Texas Commission on Environmental Quality (TCEQ) WHEREAS, the Board has been implementing the response actions outlined in the Response Action Plan (RAP) and placement of mshtutional controls are required by TRRP that request deed notices be filed m the appropriate county records to notify future landowners of limitations on the use of the property and WHEREAS the Board desires the City of Fort Worth to execute and file deed restrictions as required by TRRP and TCEQ, as part of the implementation of mshtuhonal controls of the Board RAP• and WHEREAS, by Resolution No 2009-04-064 passed April 2, 2009 the Board requested the Owner Cities file deed restrictions on behalf of D/FW International Airport for airport property located m the Northwest Cargo Area for the use of Remedy Standard B for cleanup pursuant to DFW's Voluntary Cleanup Program Agreement with TCEQ and WHEREAS the restrictions are required by TCEQ as part of DFW's Response Action Plan being implemented by the Board pursuant to its Resolution No 2004-08-0253 NOW, THEREFORE, BE IT HEREBY RESOLVED 1 That the City Manager be and is hereby authorized to execute and file in the appropriate county deed restrictions which satisfy requirements by TCEQ oRr Wolrr ~r RESOLUTION NO 3880-OS-2010 2 That the deed restrictions for the affected property in the Northwest Cargo Area at D/PW shall a) Identify affected area by metes and bound descriptions and plat maps b) State that the affected property is protected for commercial/industrial use; and c) Notify the public of limitations of the use of the property 3 That the City of Dallas approved and authorized these actions during its regularly scheduled January 27 2010 meeting. 4 That this Resolution shall take effect immediately from and after its adoption. Adopted this 11th day of May 2010 ATTEST F ~ ~ t{?~ ~1 J ~'~f r r B ~ ~ A ~ 'L y --„ - ---- ~ _~ --- ------ Marty Hendrix City Secreta y. ~ .- x: = - ~. ,, ~ .~„ y j y ~ w YI~ ~ r.. i .4 ay +" R. ~~ S r~ AI e~ ~ t ~ 1 ORT~VORTH APPROVED CITY COUNCIL MAY 112010 City Secretary of the City o! Fort Worth, Texas ~' RESOLUTION NO 3880-05-2010 DALLAS/FORT WORTH INTERNATIONAL AIRPORT 3` x7.00 EAST AIRFlELD DRIVE, PO BOX 6144'l8 DFW AIRPORT, TEXAS 75261 9428 www.dfwairport.com T 972 973 8888 F 9>2 973 5751 May 3, 2010 STATE OF TEXAS § I COUNTY OF DALLAS § COUNTY OF TARRANT § I Donna J Schnell Board Secretary of the Dallas-Fort Worth International Airport Board, do hereby certify that the attached is a true and correct copy of Resolution No 2009-04-064 approved by the Dallas Fort Worth International Airport Board of Directors at its Board Meeting held on April 2, 2009 WITNESS MY HAND AND SEAL OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD this the 3rdof May 2010 Donna J Schn Board Secretary RESOLUTION NO 3880-05-2010 DALLAS FORT WORTH INTERNATIONAL AIRPORT BOARD OFFICIAL BOARD ACTfON/RESOLUTION Date Committee Subject Resolution # 04!02/2009 Operations Required Deed Restrictions for Airport Property In the 2009-04-064 Northwest Cargo Area pursuant to TCEGl Voluntary Clean-up Program. Action That the Chief Executive Officer or designee be authori2ed to request the City of Dallas and the City of Fort Worth to approve, execute, and file deed notices on behalf of the Board for Airport property located in the Northwest Cargo Area and to request that the filing city provide evidence of deed recordation to the Board for required submittal to the Texas Commission on Environmental Quality (TCEQ). Description • Request the Airport"s Owner Cities toapprove and file deed restrictions required by the Texas Commission an Environmental Quality (TCEG~) Texas Risk Reduction Program (TRRP) for Board complianceregardingthe Northwest {NW) Cargo Area Voluntary Cleanup Program (VCP) Justltlcation • DFW"s Board and the TCEQ entered into a Voluntary Cleanup Program Agreement for the Northwest Cargo area in April 2002. • VCP participants are required to evaluate the environmental condition of the VCP site and to submit an assessment report and Response Action Plan {RAP) to the TCEQ for approval. DFW"s Board has submitted required reports and proposed action plans for all areas of concern in the NW Cargo Area and is in the process of obtaining final approvals from TCEQ and implementing approved plans. • For the response actions outlined ineach Board RAP under the NW Cargo Area VCP Agreement, TRRP regulations require placement of institutionafcontrols and the filing of deed notices in appropriate county records to notify future landowners of limitations on the use of the property and ongoing remedial efforts. • The City of Dallas and the City of Fort Worth, as record owners of land at the Airport, are required to file deed notices related to Airport property D/M/WBE Information • N!A Contract # Agreement # Purchase Order # Action Amount Revised Amount $0 $0 For information contact Fund Project # External Funding Source Amount D Bergman $0 3-5563