HomeMy WebLinkAboutResolution 3396-08-2006~. ,,
A Resolution
NO 3396-08-2006
IN SUPPORT OF THE APPLICATION OF ACME BRICK COMPANY
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
FOR A MUNICIPAL SETTING DESIGNATION AT
2725, 2727 2736, AND 2801-2937 W 7TH STREET,
2809 2909 and 2917 W 6TH STREET
2813-2925 CROCKETT STREET and 2824 and 2830 MORTON STREET
INCLUDING ABUTTING RIGHTS-OF-WAY FORT WORTH, TEXAS
WHEREAS Acme Brick Company (Applicant) has filed an application with the City of Fort
Worth, Texas, for the city's support of a Municipal Setting Designation for the properties located at
2725 2727 2736, and 2801 2937 W 7th Street, 2809 2909 and 2917 W 6th Street, 2813-2925
Crockett Street, and 2824 and 2830 Morton Street, including abutting nghts-of way Fort Worth, Texas,
more fully described m the metes and bounds description being attached hereto as Exhibit A (Site)
and
WHEREAS, a public meeting on the application for support was held zn Fort Worth on July 25
2006 and a public hearing was held in Fort Worth on August 8 2006 and the affected comrnumty was
duly notified of same and allowed the opportunity to comment; and
WHEREAS, the City of Fort Worth is a municipality with a population of 20 000 or greater and
WHEREAS an approved public dunking water supply system exists that supplies or is capable
of supplying drinking water to the Site and to locations within one half mile of the Srte, and
WHEREAS, Applicant has filed documentation with the city stating that contaminants identified
wrthtn 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,
chlorinated solvents and heavy metals, and
WHEREAS Applicant has further filed documentation with the city stating that this
contamination is contained within the shallow perched groundwater beneath the Site, and
WHEREAS the City of Fort Worth, by ordinance, has prohibited the use of designated
groundwater beneath the Srte for potable purposes as well as for irrigation, and
RESOLUTION NO 3396-08-2006
Page 2
WHEREAS, upon passage of a supporting resolution by the Crty Council, Applicant intends to
file an application with the Texas Commission on Environmental Quality for certification of a Municipal
Setting Designation for the Snte pursuant to Texas Health and Safety Code, Chapter 361 Subchapter W
and
WHEREAS, Applicant has continuing 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 Snte is in the best
interests of the community
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
That the Crty supports Applicant's application to the Texas Commission on Environmental
Qualnty for a Municipal Setting Designation of the Srte.
Adopted thus 8t" day of August, 2006
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By -- ~---'~- !---=-- ~ '
MartyHend~rix,,~C~ty .~S,ec~retary
`~t~~~~~f ,~~~"' APPROVED
CITY CQ~1~~CIL
AIJG _ 8 2006
~~~
City Secretary of the
City of Fart Worth,'Pexas
~~c~,t,~~,€ir„E ~J Y_ ~ Resolution No 3396-U8-2UU6
EXHIBIT A
A tract of land situated in the J.M.C. Lynch Survey Abstract No 955 and the Wm. Busse11320 Acre
Survey said surveys being m the City of Ft. Worth, Tarrant County Texas, and said tract of land being
more particularly described as follows, to-wit:
Begmrung at the northwest corner of Lot 17 Block 9 of Van Zandt's Park Addition, an Addition to the
City of Ft. Worth, Tarrant County Texas, recorded m Volume 204A, Page 81 of the Plat Records of
Tarrant County Teas;
L1
Thence North 0 degrees, 51 minutes, 28 seconds East; passing at 16.00 feet the southwest comer of Lot
4 of said Block 9 and continuing North d degrees, 51 minutes, 28 seconds Bast along the westerly line
of said Lot 4, a distance of 13000 feet for a total distance of 146.00 feet to the northwest corner of said
Lot 4 said corner being ~n the southerly "right=of Way Brie of Crockett Street (a 60' right-of way)
L2
'1`herice North 89 degrees; b~ minutes, 3~ seconds West, along said southerly right~of way line, and the
northerly line of Lots 1 through 3 in said Block 9 a distance of 150 Od feet to the northwest corner of
Lot 1 m said Block 9'
L3
Thence North 0 degrees, 51 minutes, 28 seconds East, a distance of 60 00 feet to the southwest corner of
Lot 1R, Block 3 of aforesaid Van Zandt's Park Addition, said corner also being the intersection of the
northerly .right-of way hne of said Crockett Street and the easterly right-of way line of Norwood Street
a 60 right-of way)•
L4
Thence North 89 degrees; 08 minutes, 32 seconds West, a distance of 60 00 feet to the southeast corner
of Lot 1 ~ Block 1 of skid Vari Za~dt'~ F'e'lt addition, said ctirner bong at the ntor~ectarl o1'the
northerly right-of way line of said Crockett Street and the westerly right-of way line of said Norwood
Street;
LS
Thence North 0 degrees, 51 minutes, 28 seconds East, along the easterly hne of Lot 9 and Lot 10 of said
Block 1 and said westerly right-of way line, a distance of 276 00 feet to the northeast corner of said Lot
9 and the intersection of said westerly right-of way line and the southerly right-of way line of West
Seventh Street (a 100' right-of way)
L6
Thence South 89 degrees, 08 minutes, 32 seconds East, a distance of 60 00 feet to the northwest corner
of Lot 1R, Block 3 of said Van Zandt's Park Addition, said comer being at the intersection of the
ut;u~t do ,~ Resolution No 3396-08=2006
.easterly right-of way line of said Norwood Street, and the southerly right-of way line of said West
Seventh Street;
L7
- ~..
Thence North 0 de"gr~.es, S 1 minutes, 28 seconds East, a distance of 100 13 feet to the southwest corner
of Lot 11 Block 11 of Van Zandt's Second Addition, an Addition to the City of Ft. Worth, Tarrant
County Texas, recordec~~~n Volume 106, Page 118 of the Plat Records of Tarrant County Texas, said
corner being in the northerly right-of way line of said West Seventh Street;
L8
Thence South 89 degrees, 09 minutes, 55 seconds East, along the southerly right-of way line of Lots 11
12, 13 14 and 1 S of said Block 11 and said northerly right-of way line, a distance of 249 93 feet to the
southeast corner of said Lot 15
L9
Thence North 0 degrees, 58 minutes, 10 seconds East, along the. easterly line of Lot 15 and Lot 6 of said
Block 11 passing at 285 77 feet, the northeast corner of said Lot 6 a total distance of 345 77 feet to the
southwest corner of Lot 16 Block 17 of said Van Zandt Second Addition, said corner being m the
northerly right-of way line of West Sixth Street (an 80' right-of way)
L10
Thence South 89 degrees, 09 minutes, 55 seconds East, along the southerly line of Lots 16 through 18 of
said Block 17 and the northerly right-of way line of said West Sixth Street, a distance of 150 15 feet to
the southeast corner of said Lot 18
L11
Thence South 1 degree, 04 minutes, 46 seconds West, passing at 80 00 feet the northeast corner of Lot 2,
Block 11 of said Van Zandt Second Addition, a total distance of 204 49 feet to the southeast corner of
thereof, said corner being m the northerly line of a 16 foot wide alley
L12
Thence South 89 degrees, 09 minutes, 55 seconds East, along the southerly line of Lot 1 and Lot 2 of
said Block 11 and the northerly line of said alley passing at 99 82 feet the southeast corner of said Lot
1 a total distance of 159 82 feet to the southeast corner of Lot 10 Block 10 of said Van Zandt Second
Addition, said corner being m the northerly line of a 16 foot wide alley and the easterly right-of way line
of Curried Street (a 60' right-of way)
L13
Thence South 1 degree, 10 minutes, 14 seconds West along the easterly right-of line of said Currie
Street, passing at 16 00 feet the the northwest corner of Lot 11 of said Block 10 and continuing along
said easterly right-of way line and the westerly line of said Lot 11 South 1 degree, 10 minutes, 14
seconds West, a total distance of 141 12 feet to the southwest corner of said Lot 11 said corner being at
^ ~ _ vu +~ ~ Resolution No 3396-08-2006
the intersection of the northerly right-of way line of said West Seventh Street and the easterly right-of
way hrie of said Currie Street;
L14
Thence South 89 degrees, 06 minutes, 22 seconds East, along the southerly line of Lots 11 through 17 m
said Block 10 and the northerly right-of way line of said West Seventh;Street, adistance of 352.14 feet
to the southeast corner of Lot 1.7 m said Block 10•
L15
Thence North 0 degrees, 32 minutes, 49 seconds East, along the easterly line of Lot 17 and Lot 4 of said
Block 10 passing at 265 70 feet, the northeast corner of said Lot 4 a total distance of 345 70 feet to the
southwest corner of Lot 17 Block 16 of aforesaid Van Zandt Second Addition, said corner being in the
northerly right-of way line of aforesaid West Sixth Street;
L16
Thence South 89 degrees, 09 minutes, 55 seconds East, along the southerly line of said Lot 18 a
distance of 50 O1 feet to the southeast corner thereof;
L17
Thence South 0 degrees, 31 minutes, 39 seconds West, passing at 80 00 feet, the northeast corner of Lot
3 Block 10 of said Van Zandt Second Addition and continuing South 0 degrees, 31 minutes, 39
seconds West, along the easterly line of said Lot 3 a total distance of 204.22 feet to the southeast corner
thereof, said corner being m the northerly line of a 16 foot wide alley
L18
Thence South 89 degrees, 09 minutes, 55 seconds East, along the southerly line of Lot 1 and Lot 2 in
said Block 10 and the northerly line of said alley passing at 99 96 feet the southeast corner of said Lot
1 and passing at 159 96 feet, the southwest corner of Lot 10 Block 9 of said Van Zandt Second
Addition; a total distance of 309 60 feet to the northeast corner of Lot 13 m said Block 9•
L19
Thence South 00 degrees, 15 minutes, 42 seconds West, along the easterly hne of said Lot 13 a distance
of 141 63 feet to the southeast corner thereof, said corner being m the northerly right-of way line of said
West Seventh Street;
L20
Thence South 89 degrees, 11 minutes, 53 seconds East, along the southerly line of Lots 14 through 19 of
said Block 9 and the northerly line of said West Seventh Street, a distance of 294 07 feet;
L21
Thence South 0 degrees, 50 minutes, 49 seconds West, passing at 100 00 feet, the northeast corner of a
tract of land described in deed recorded m Volume 11895 Page 2297 of the Deed Records of Tarrant
County Texas, and continuing South 0 degrees, 50 minutes, 49 seconds West along the easterly line of
!~ ~' ~~~ .4~ ~ - Resolution No 3396-08-2006
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said tract of land, a total distance of 275.25 feet to the southeast corner thereof, said corner being on the
most westerly northerly line of Lot 1 Block 1 of Seventh Street Station, an Addition to the City of Ft.
Worth, Tarrant County Texas, recorded in Cabinet A, Slide 4296 of the Plat Records of Tarrant
County Texas,
L22
Thence North 89 degrees, 09 minutes, 11 seconds West, along said most westerly northerly line, and the
southerly line of Lot 1 Block 1 of Brantley Draughon College Addition, an Addition to the City of Ft.
Worth, Tarrant County Texas, recorded m Volume 388-113 Page 279 of the Plat Records of Tarrant
County Texas, a distance of 202.90 feet to the northeast corner of a tract of land described in deed
recorded m Volume 12767 Page 293 of the Deed Records, Tarrant County Texas, same being an
Access Easement described in deed recorded in Volume 12318, Page 2168 of the Deed Records, of
Tarrant County Texas,
L23
Thence South 0 degrees, 50 minutes, 49 seconds West, along the easterly line of said Access Easement,
a distance of 23 00 feet to the southeast corner thereof;
L24
~~ ° ~ - Thence•,North 89 degrees, 09 minutes, 11 seconds West, along the southerly line of said Access
Easement, and the northerly line of a tract of land described in deed recorded in Volume 9346 Page
1166 of the Deed Records, of Tarrant County Texas, hereinafter called Tract A, a distance of 241 10
feet to the southwest corner of said Access Easement, being m the easterly right-of way line of Foch
Street (a 60 nght-of way)
L25
Thence South 0 degrees, 50 minutes, 49 seconds West, along the westerly hne of said Tract A, and the
easterly right-of way line of said Foch Street, a distance of 78.22 feet;
L26
Thence North 89 degrees, 09 minutes, 11 seconds West, a distance of 60.20 feet to the southeast corner
of Lot 1R, Block 3 of aforementioned Van Zandt's Park Addition and the intersection of the westerly
right-of way hne of said Foch Street and the northerly right-of way line of aforementioned Crockett
L27 ---^-
Thence South 0 degrees, 25 minutes, 47 seconds West, along said westerly right-of way line, a distance
of 59 77 feet to the northeast corner of Lot 10 Block 8 of said Van Zandt's Park Addition and the
intersection of the westerly right-of way line of said Foch Street and the southerly right-of way line of
said Crockett Street;
-._._..,~~._ ! ~ ~ ~~" Resolution No 3396-U8-2006
L28
Thence North 89 degrees, 09 minutes, 19 seconds West, along the northerly line of Lots 8 through 10 of
said Block 8, and the southerly right-of way line of said Crockett Street, a distance of 150.26 feet to the
northeast corner of Lot 7 m said Block 8
L29
Thence South 0 degrees, 50 minutes, 41 seconds West, along the easterly line of said Lot 7 passing at
129 93 feet, the southeast corner of said Lot 7 a total distance of 145.93 feet to the northeast corner of
Lot 14 m said Block 8, said corner being m the southerly line of a 16 foot wide alley
L30
Thence North 89 degrees, 11 minutes, 03 seconds West, along the northerly line of Lots 14 through 16
m said Block 8, and the southerly ime of said alley a distance of 150 OS feet to the northeast corner of
Lot 17 m said Block 8
L31
Thence South 0 degrees, 48 minutes, 33 seconds West, along the easterly line of said Lot 17 passing at
a distance of 130 11 feet the southeast corner thereof, being in the northerly right-of way line of Morton
Street (a 60' right-of way), and continuing South 0 degrees, 48 minutes, 33 seconds West a total
distance of 190 11 feet to a point on the southerly right-of way hne of said Morton Street;
L32
Thence North 89 degrees, 08 minutes, 32 seconds West, along the southerly right-of way line of said
Morton Street, a distance of 149 83
L33
Thence North 0 degrees, 47 minutes, 29 East, passing at a distance of 60 00 feet, the southwest corner of
Lot 19 m said Block 8 thence continuing North 0 degrees, 47 minutes, 29 East along the westerly line of
said Lot 19 a total distance of 190 07 feet to the northwest corner thereof, bemg m the southerly line of
a 16 foot wide alley
L34
Thence North 89 degrees, 08 minutes, 32 seconds West, along the northerly line of Lot 20 in said Block
8 and the northerly line of Lots 11 through 17 Block 9 of aforementioned Van Zandt's Park Addition,
and the southerly hne of said alley a distance of 460.29 to the Point of Beginning of said tract of land,
containing 20 552 acres within the metes recited, save and except the following described tract of land,
Commencing at the southeast corner of Lot 13 Block 9 of Van Zandt Second Addition, an Addition to
the Crty of Ft. Worth, Tarrant County Texas, recorded in Volume 106 Page 118 of the Plat Records of
Tarrant County Texas,
Resolution No 3396-08-2006
L20
Thence South 89 degrees, 11 minutes, 53 seconds East, along the southerly line of Lots 14 through 19 of
said Block 9 and the northerly line of said West Seventh Street, a distance of 294 07 feet;
L21
Thence South 0 degrees, 50 minutes, 49 seconds West, passing at 100 00 feet, the northeast corner of a
tract of land described in deed recorded in Volume 11895 Page 2297 of the Deed Records of Tarrant
County Texas, and continuing South 0 degrees, 50 minutes, 49 seconds West along the easterly line of
said tract of land, a total distance of 275.25 feet to the southeast corner thereof, said corner being on the
most westerly northerly line of Lot 1 Block 1 of Seventh Street Station, an Addition to the Crty of Ft.
Worth, Tarrant County Texas, recorded m Cabinet A, Slide 4296 of the Plat Records of Tarrant
County Texas,
L22 Extended
Thence North 89 degrees, 09 minutes, 11 seconds West, along said most westerly northerly line, and the
southerly line of Lot 1 Block 1 of Brantley Draughon College Addition, an Addition to the City of Ft.
Worth, Tarrant County Texas, recorded m Volume 388-113 Page 279 of the Plat Records of Tarrant
County Texas, a distance of 329 00 feet to the Point of Beginning of said tract of land, and being the
southeast corner of said Lot 1 Block 1 of Brantley Draughon College Addition, and on the northerly
line of a tract of land described in deed recorded in Volume 12767 Page 293 of the Deed Records,
Tarrant County Texas, same being an Access Easement described m deed recorded m Volume 12318,
Page 2168 of the Deed Records, of Tarrant County Texas,
Thence along the northerly line of said Access Easement the following•
L38
North 89 degrees, 09 minutes, 11 seconds West a distance of 57 00 feet;
L39
South 0 degrees, 50 minutes, 49 seconds West a distance of 3 00 feet;
L40
North 89 degrees, 09 minutes, 11 seconds West a distance of 58 00 feet to the northwest corner of said
Access Easement and the southwest corner of a tract of land described in deed recorded in Volume
1635 Page 371 of the Deed Records, of Tarrant County Texas hereinafter called Tract B said corner
being m the easterly right-of way line of Foch Street (a 60 right-of way)
L35
Thence North 0 degrees, 50 minutes, 49 seconds East, along the westerly right-of way line of said Foch
Street. a distance of 178 00 feet to the northwest corner of said Tract B and the intersection of the
southerly nght-of way line of West Seventh Street (a 100' right-of way) and the easterly right-of way
line of said Foch Street;
__ Resolution No 3396-U8-2006
L36
Thence South 89 degrees, 09 minutes, 11 seconds East, along the northerly line of said Tract B and the
southerly right-of way line of said West Seventh Street, a distance of 115 00 feet to the northeast corner
of said Tract B and the northwest corner of said Lot 1 Block 1 of Brantley Draughon College Addition,
L37
Thence South 0 degrees, 50 minutes, 49 seconds West, along the westerly line of said Lot 1 Block 1 of
Brantley .Draughon College Addition, and the easterly line of said Tract B a distance of 175 00 feet to
the Point of Begmmng of said tract of land, containing 0 466 acres wrtlun the metes recited, for a net
acreage of 20 086 acres within the metes recited.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 8/8/2006 Resolution No 3396 and Ordinance No 17090
DATE Tuesday August 08 2006
LOG NAME 52MSDACME REFERENCE NO G 15340
SUBJECT
Adopt Resolution Supporting the Application of Acme Brick Company for a Municipal Setting
Designation for the Properties Located at 2725 2727 2736 and 2801 2937 West 7th Street, 2809
2909 and 2917 West 6th Street, 2813-2925 Crockett Street, and 2824 and 2830 Morton Street,
Including Abutting Rights-of Way to the Texas Commission on Environmental Quality and Adopt
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 Acme Brick Company for approval of a Municipal Setting
Designation (MSD) for the properties located at 2725 2727 2736 and 2801 2937 West 7th Street, 2809
2909 and 2917 West 6th Street, 2813-2925 Crockett Street, and 2824 and 2830 Morton Street, an
approximately 20-acre site in Fort Worth Tarrant County Texas, and including abutting rights-of-way
("Site') to allow the public the opportunity to give testimony
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 an 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 typically a developer must
apply to the Texas Commission on Environmental Quality (TCEQ) for certification of their property as an
MSD If granted they will not be required to clean up designated groundwater on their site 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 City Council has granted three previous MSD applications
Logname 52MSDACME Page 1 of 2
On June 15 2006 Acme Brick Company filed an application with the City seeking support of an MSD at
2725 2727 2736 and 2801 2937 West 7th Street, 2809 2909 and 2917 West 6th Street, 2813-2925
Crockett Street, and 2824 and 2830 Morton Street, including abutting rights-of-way
Staff from the departments of Environmental Management, Water Transportation and Public Works,
Development and Engineering 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
Luby's Cafeteria, 251 University Drive on July 25 2006
The designated groundwater at the Site is shallow with depths varying from 15 5 to 16 feet below ground
level The identified chemicals of concern in the designated groundwater that exceed residential
assessment levels are benzene toluene ethylbenzene cis 1 2 dichloroethene trichloroethene vinyl
chloride and total petroleum hydrocarbons. An estimated 225-300 feet of consecutive limestone and clay
formations underlay this shallow ground water The first major aquifer beneath the Site is the Trinity Group
with the shallowest formation having seasonal depths ranging from 500-750 feet. It is believed that historical
onsite and offsite activities including gas stations, printing facilities, and dry cleaning operations have
contributed to the identified contamination The impacted groundwater is not a drinking water source Fort
Worth s public drinking water supply system supplies potable water to the Site and the surrounding area.
The Site is located in COUNCIL DISTRICT 7
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
TO Fund/Account/Centers
FROM Fund/AccountlCenters
Submitted for City Manager's Office b~
Or~inating Department Head.
Additional Information Contact:
Libby Watson (6199)
Brian Boerner (6647)
Michael Gange (6569)
Logname 52MSDACME Page 2 of 2