HomeMy WebLinkAboutResolution 3485-05-2007A Resolution
IN SUPPORT OF THE APPLICATION OF BUNGE OILS, INC
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
FOR A MUNICIPAL SETTING DESIGNATION AT
400 EAST EXCHANGE AVENUE, FORT WORTH, TEXAS
NO 3485-05-2007
WHEREAS, Bunge Oils, Inc (Applicant) has filed an application with the City of Fort Worth,
Texas, for the city's support of a Mumcipal Setting Designation for the property located at 400 East
Exchange Avenue, Fort Worth, Texas. The property boundary of the Municipal Setting Designation is
composed of three connected tracts of land. The main portion of the property consists of 17.558 acres of
land that is described as Bunge Edible Oil, Block 1 Lot 1 Fort Worth, Tarrant County Texas. The
other two parcels consist of 0.386 and 0 120 acres of land respectively The metes and bounds
description of all three parcels being attached hereto as Exhibit A (Site) and the geographic
relationship of all three parcels is being attached hereto as Exhibit `B and
WHEREAS, a public meeting on the application for support was held m Fort Worth on Apnl 17
2007 and a public hearing was held in Fort Worth on May 8 2007 and the affected community was
duly notified of same and allowed the opportunity to comment; and
WHEREAS, the City of Fort Worth is a mumcipahty with a population of 20 000 or greater and
WHEREAS, an approved public dnnkmg water supply system exists that supplies or is capable
of supplying dnnkmg water to the Srte and to locations wrtlin one-half mile of the Srte; and
WHEREAS Applicant has filed documentation with the city stating that contaminants identified
wrtlin the designated groundwater associated with historical uses of the Srte, that have been detected m
concentrations exceeding residential assessment levels for potable use include petroleum hydrocarbons
and arsenic, and
WHEREAS, Applicant has further filed documentation with the city stating that this
contamination is contained withun the shallow perched groundwater beneath the Srte; and
WHEREAS, the City of Fort Worth, by ordinance, has prohibited the use of designated
groundwater beneath the Srte for potable and imgahon purposes, and
WHEREAS, upon passage of a supporting resolution by the City Council, Applicant intends to
file an application with the Texas Commission on Environmental Quality for certification of a Municipal
Setting Designation for the Srte pursuant to Texas Health and Safety Code, Chapter 361 Subchapter W
and
~~"i'~ ~!~" '~"~1~''lr' '11Y'~!f!~"~
Resolution No 3485-OS 2007
WHEREAS, Applicant has continutng obligations to satisfy applicable statutory and
regulatory provisions concerning groundwater contamination investigation and response actions at the
Srte and
WHEREAS the certification of a Municipal Setting Designation for the Site is in the best
interests of the community
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
Supports Applicant's application to the Texas Commission on Environmental Quality for a
Muntcipal Setting Designation of the Srte
Adopted this 8t" day of Maw 2007
ATTEST
sy
~*-~~
.~` {mac'
~~
~ ~\~,~ ~.
r~ ~ _;,,
Marty Hendrix City,±Sec
`'• ~a V
.~
-.,,,~ : ,~ 4.
~, ~.
~~I .. • ~ ~ ##~_
~ ~~;~~
APPROVED
CITY COURCIts
MAY ~ 2007
~~~~
City Secretary of the
City of Fort Worth,'Fexas
Resolution No 3485-OS 2007
Exhibit A
Bunge Oil MSD
Metes and Bounds
0 386 Acre Tract
Part of the E LITTLE SURVEY Abstract No 954 situated about 2 miles north 10 degrees
west from the courthouse in Fort Worth the county seat for Tarrant County Texas
embracing a portion of Tract No 9 described in the deed to Bunge Edible Oil Corporation
recorded in volume 9336 page 1971 of the Deed Records of Tarrant County Texas and
described by metes and bounds as follows
Beginning at a 3/4 iron recovered for the most northerly northwest corner of Lot 1 Block 1
BUNGE EDIBLE OIL ADDITION an addition to the City of Fort Worth Tarrant County
Texas according to the plat thereof recorded in volume 388-218 pages 8 and 9 of the
Plat Records of Tarrant County Texas in the east line of said Tract No 9 and the
southwest corner of the 0-684/1000 of an acre tract described in the deed to Exhibits
Building Partnership L.P recorded in volume 12542 page 1527 of the said Deed
Records
Thence south 34 degrees-49 minutes-41 seconds west, along the northwest line of said
Lot 1 89-72 /100 feet to a 3/4 iron recovered in the west line of said
Tract No 9 and a southeast corner of the 3-389/1000 acres tract described in said deed
to Exhibits Partnership L.P
Thence north 00 degrees-00 minutes-29 seconds west, along the west line of said Tract
No 9 and the east line of said 3-389/1000 acres tract, 363-36 /100 feet to a galvanized
iron in concrete recovered for the northwest corner of said Tract No 9
Thence south 89 degrees-57 minutes-07 seconds east, along the north line of said Tract
No 9 52-03 /100 feet to a galvanized iron in concrete recovered for the northeast corner
of said Tract No 9 and the northwest corner of said
0-684/1000 of an acre tract.
Thence south 00 degrees-08 minutes-45 seconds west, along the east line of said Tract
No 9 and the west line of said 0-684/1000 of an acre tract, 289-67 /100 feet to the place
of beginning and containing 0-386/1000 of an acre
The basis for bearings is the north line of said Lot 1 Block 1 BUNGE EDIBLE OIL
ADDITION per plat call
Resolution No 3485-OS-2007
0 120 Acre Tract
Part of the E LITTLE SURVEY Abstract No 954 situated about 2 miles north 10 degrees
west from the courthouse in Fort Worth the county seat for Tarrant County Texas
embracing a portion of Tract No 3 described in the deed to Bunge Edible Oil Corporation
recorded in volume 9336 page 1971 of the Deed Records of Tarrant County Texas and
described by metes and bounds as follows
Beginning at a 3/4 iron recovered for the southeast corner of the 0-684/1000 of an acre
tract described in the deed to Exhibits Building Partnership L.P recorded in volume
12542 page 1527 of the said Deed Records in the north line of Lot 1 Block 1 BUNGE
EDIBLE OIL ADDITION an addition to the City of Fort Worth Tarrant County Texas
according to the plat thereof recorded in volume 388-218 pages 8 and 9 of the Plat
Records of Tarrant County Texas in the west line of said Tract No 3
Thence north 11 degrees-10 minutes-43 seconds west, along the west line of said Tract
No 3 and the east line of said 0-684/1000 of an acre tract, 256-65 /100 feet to a '/2
capped iron found
Thence north 22 degrees-06 minutes-43 seconds west, continuing along the west line of
said Tract No 3 and the east line of said 0-684/1000 of an acre tract, 40-38 /100 feet to a
galvanized iron in concrete recovered for the northwest corner of said Tract No 3 and the
northeast corner of said 0-684/1000 of an acre tract.
Thence south 89 degrees-20 minutes-21 seconds east, along the north line of said Tract
No 3 17 95 /100 feet to a galvanized iron in concrete recovered for the northeast corner
of said Tract No 3 and the northwest corner of the
0-417/1000 of an acre tract described in said deed to Exhibits Building Partnership L.P
Thence south 22 degrees-30 minutes-25 seconds east, along the east line of said Tract
No 3 and the west line of said 0-417/1000 of an acre tract, 40-45 /100 feet to a 5/8"
capped iron set.
Thence south 11 degrees-09 minutes-25 seconds east, continuing along the east line of
said Tract No 3 and the west line of said 0-417/1000 of an acre tract, 256-46 /100 feet to
a 3/4 iron recovered for the southwest corner of said 0-417/1000 of an acre tract in the
north line of said Lot 1
Resolution No 3485-OS 2007
Thence west, along the north line of said Lot 1 18-10 /100 feet to the place of beginning
and containing 0-120/1000 of an acre
The basis for bearings is the north line of said Lot 1 Block 1 BUNGE EDIBLE OIL
ADDITION per plat call
17 558 Acre Tract
Lot 1 Block 1 of Bunge Edible Oil Edition in the City of Fort Worth in Tarrant County
Texas according to the Plat thereof recorded in volume 388-218 pages 8 and 9 of the Plat
Records of Tarrant County Texas
Parts of the I Thomas Survey Abstract No 1526 and the E Little Survey Abstract No
954 in the City of Fort Worth in Tarrant County Texas embracing Parcels No 1 2 and 3
described in the deed to Bunge Edible Oil Corporation recorded in volume 6971 page
148 of the Tarrant County deed Records all of Parcel No One Tract No 1 Tract No 3
Tract No 4 Tract No 5 Parcel No Two Parcel No Three and a portion of Parcel No
Four described in the deed to Bunge Edible Oil Corporation recorded in volume 6881
page 718 of the said Deed Records portions of Tracts No 2 3 and 9 all of Tracts No 1
4 5 6 7 and 8 described in the deed to Bunge Edible Oil Corporation recorded in volume
9336 page 1971 of the said Deed Records
Beginning at a 7/8" iron for the southwest corner of Lot 1 in Block 1 of MIDCO Properties
Inc Addition as said Lot appears upon the map recorded in volume 388-96 page 8 of the
said Deed Records for the southeast corner of Tract No 4 recorded in volume 9336
page 1971 in the north line of Twenty Third Street.
Thence west, along the south line of said Tract No 4 and the said north line of Twenty-
Third Street, 17 feet to the southwest corner of said Tract No 4
Thence northerly along the west line of said Tract No 4
north no degrees-08 minutes east 203-2/10 feet;
north 1 degree-37 minutes east 100 feet;
north no degrees-12 minutes-45 seconds east 99-82/100 feet;
north no degrees-21 minutes east 425 feet to a mark `Y" on brick,
north 1 degree-no minutes west 17-86/100 feet to a mark `Y" on brick for the southeast
corner of said Parcel no Three recorded in volume 6881 page 718
Resolution No 3485-OS-2007
Thence westerly and northerly along the south and west lines of said Parcel No Three
west 121 56/100 feet to a mark `Y"
north 89-9/10 feet to a 3/4 iron
west 86-5/10 feet to a mark `Y"
north 2 degrees-28 minutes east 64-27/100 feet to a 6" pipe post from which a galvanized
spike bears north 1 foot for the northwest corner of said Parcel No Three in the south line
of said Tract No 8
Thence west, along the said south line of Tract No 8 to and along the south line of said
Parcel No Four recorded in volume 6881 page 718 a distance of 274-17/100 feet.
Thence northwesterly along the said west line of Parcel No Four along a curve to the left
having a radius of 736 feet an arc length of 9-7/10 feet, the long chord of said 9-7/10 feet
arc is north 23 degrees-52 minutes-29 seconds west 9-70/100 feet
Thence north 24 degrees-15 minutes-52 seconds west, a distance of 45-11/100 feet to
the south line of said Parcel no One Tract No 1 recorded in volume 6881 page 718 and
the north line of said Parcel No Four
Thence west, along the said south line of Parcel No One Tract No 1 a distance of 57
24/100 feet to a mark `Y" on concrete curb for the southwest corner of said Parcel No 1
Tract No 1
Thence north along the west line of said Parcel No 1 Tract No 1 a distance of 444-9/10
feet to a 1 iron
Thence west, to and along the south line of said Parcel No 1 recorded in volume 6971
page 148 a distance of 24-1/10 feet to a 3/4 iron for its southwest corner
Thence north along the west line of said Parcel No 1 a distance of 372 9/10 feet to a 3/4
iron for its northwest corner
Thence easterly along the north line of said Parcel No 1
east 66-8/10 feet to a 3/4 iron
north 44 degrees-59 minutes east 113-11/100 feet to a 3/4 iron far its northeast corner in
the west fine of said Tract No 9 recorded in volume 9336 page 1971
Thence north 34 dgrees-49 minutes east 89-71/100 feet to a 3/4 iron for the northwest
corner of said Parcel No 2 recorded in volume 6971 page 148
Resolution No 3485-OS 2007
Thence east, along the north line of said Parcel No 2 to and along the north line of
Parcel No 3 recorded in volume 6971 page 148 a distance of 247-04/100 feet to a 3/
iron for the northeast corner of said Parcel 3
Thence south 16 degrees-33 minutes east, along the east line of said Parcel 3 a distance
of 36-14/100 feet to a galvanized iron in concrete for its southeast corner and northeast
corner of said Parcel No One Tract No 3
Thence south 76 degrees-51 minutes-14 seconds east, 55-51/100 feet to the north corner
of Tract No 1 recorded in volume 9336 page 1971
Thence south 30 degrees-22 minutes east, along the northeast line of said Tract No 1 a
distance of 691 1/10 feet to a 5/8 iron
Thence south along the east line of said Tract No 1 to and along the east line of said
Tract No 8 recorded in volume 9336 page 1971 a distance of 377 9/10 feet to a 5/8"
iron for the southeast corner of said Tract No 8
Thence westerly along the south line of said Tract No 8 and along the lines of said Tract
No 7
west 148-54/100 feet to a plug in brick for the northeast corner of said Tract No 7
south no degrees-10 minutes west 188-3/10 feet to a 3/o iron for the southeast corner of
said Tract No 7 for the southwest corner of Tract No 7
west 14-2/10 feet to a 3/a iron
north no degrees-10 minutes east 188-3/10 feet to a galvanized iron in concrete for the
northwest corner of said Tract No 7
west 125-4/10 feet to a copper plug in concrete for the northeast corner of said Tract No
4 recorded in volume 9336 page 1971 and northwest corner of said Lot 1 in Block 1
Thence southerly along the east line of said Tract No 4 and the west line of said Lot 1
south 21 degrees-49 minutes east 37 5/10 feet to a copper plug in concrete
south 19 degrees-35 minutes east 25 feet to a copper plug in concrete
south 15 degrees-41 minutes east 25 feet to a copper plug in concrete
south 10 degrees-36 minutes east 25 feet to a copper plug in concrete
south 6 degrees-46 minutes east 25 feet to a copper plug in concrete
south 2 degrees-no minutes east 50 feet to a copper plug in concrete
south no degrees-21 minutes west 140 feet to a copper plug in concrete
Resolution No 3485-OS 2007
south 1 degree-42 minutes west 50 feet to a copper plug in concrete
south no degrees-21 minutes west 325 feet to a plug P K. nail set in concrete
west 7 feet to a 5/8 iron
south 1 degree-37 minutes west 100 feet;
south no degrees-08 minutes west 203-2/10 feet to the place of beginning
Resolution No 3485-OS 2007
Exhibit B
CITY F3F F®~~ `'~i'~!'~'~
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 5/8/2007 Resolution No 3485-05-2007 & Ordinance No
17538-05-2007
DATE Tuesday May 08 2007
LOG NAME 52MSDBUNGE
REFERENCE NO G 15716
SUBJECT
Adopt a Resolution Supporting the Application of Bunge Oils Inc fora Municipal Setting
Designation for the Property Located at 400 East Exchange Avenue Fort Worth Texas to the
Texas Commission on Environmental Quality and Adopt an Ordinance Prohibiting the Potable Use
of Designated Groundwater from Beneath the Site
RECOMMENDATION
It is recommended that the City Council
1 Conduct a public hearing on the application of Bunge Oils, Inc. (Applicant) for approval of a Municipal
Setting Designation (MSD) for the area located at 400 East Exchange Avenue Fort Worth (Site) to allow
the public the opportunity to give testimony This is an approximately 18 acre tract, in Fort Worth, Tarrant
County Texas, to be known as the Bunge Oils, Inc. MSD
2. Adopt the attached resolution supporting the Applicant's application to the Texas Commission on
Environmental Quality (TCEQ) for an MSD for the site and
3 Adopt the attached ordinance prohibiting the potable use of designated groundwater from beneath the
site
DISCUSSION
In 2003 a state law became effective creating the concept of a Municipal Setting Designation (MSD) The
purpose of an MSD is to certify properties in order to limit the scope of or eliminate the need for
investigation of or response actions addressing contaminant impacts to groundwater that has been
restricted from use as potable water by municipal ordinance An individual or entity must apply to the Texas
Commission on Environmental Quality (TCEQ) for certification of the property as an MSD If granted the
designated groundwater on the site will not be required to be cleaned up to drinking water standards,
although other cleanup standards such as inhalation and contact must still be met. The application will not
be approved by the TCEQ if the municipality where the site is located does not give formal approval That
approval must be by means of a city council resolution supporting the application and an ordinance
prohibiting potable use of groundwater in the MSD (potable water is water used for irrigating crops intended
for human consumption drinking showering bathing or cooking purposes)
In January 2005 City Council adopted an ordinance creating a procedure for persons applying to the TCEQ
for an MSD to obtain support of that application from the City Council The procedure includes filing an
application with the City staff review of the application for potential impacts to City interests conducting a
public meeting held for the purpose of providing information on the application to the affected community
and a public hearing To date the City Council has approved seven MSD applications.
Logname 52MSDBUNGE Page 1 of 2
On March 14 2007 Bunge Oils Inc. filed an application with the City of Fort Worth for support of an
application to the TCEQ for a Municipal Setting Designation (MSD) for the property located at 400 East
Exchange Avenue Fort Worth Texas.
Staff from the departments of Development, Engineering Environmental Management, Transportation and
Public Works, and Water reviewed the application for potential impacts to City interests. No significant
concerns were identified Notice was issued as required by ordinance and a public meeting was held at the
Central Library on April 17 2007 Five representatives of the Applicant and three city staff were present.
No citizens were in attendance No comments adverse to the establishment of this MSD have been
received by City staff
The site is underlain by alluvial deposits Beneath the alluvial deposits is limestone of the Washita
Group The limestone occurs at approximately 25 feet below the ground surface of the Bunge
property The limestone acts as an aquitard which prevents the vertical migration of water and
contaminants to the underlying potable aquifers. The shallow groundwater that sits on top of the limestone
occurs at approximately 15 feet below ground surface The identified chemicals of concern in the
designated shallow groundwater are petroleum hydrocarbons and arsenic. The impacted groundwater is
not a drinking water source The source of the groundwater contamination is release of diesel fuel from a
petroleum storage tank, a Dowtherm (a heat transfer fluid) spill, and the naturally occurring arsenic in the
area.
The Fort Worth Water Department provides water service to all existing residential and
commercial/industrial properties located within a '/2 mile of the MSD boundary All undeveloped properties
with '/z mile of the site are eligible to receive water service from the Fort Worth Water Department in
accordance with the Texas Water Service Certificate of Convenience and Necessity (CCN) #12311 (City of
Fort Worth) and the City of Fort Worth Policy for the Installation of Community Services.
The site is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
TO Fund/Account/Centers
FROM Fundi'Account/Centers
Submitted for C~ Manager's Office by: Libby Watson (6183)
Originating Department Head. Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
Logname 52MSDBUNGE Page 2 of 2