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Resolution 3279-11-2005
A f~esolution IN SUPPORT OF THE APPLICATION OF DTX ASSOCIATES TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING DESIGNATION AT 6612 BRENTWOOD STAIR ROAD, FORT WORTH TEXAS NO. 'j~7 -~~-~©S WHEREAS, Michael J Katos, in trust of DTX Associates (Applicant) has filed an application with the City of Fort Worth, Texas, for the city's support of a Municipal Setting Designation for the property located at 6612 Brentwood Stair Road, Fort Worth, Texas, more fully described as Lot 3 R, McClellan Subdivision, Fort Worth, Tarrant County Texas, the metes and bounds description being attached hereto as Exhibit A (Site) and WHEREAS, a public meeting on the application for support was held in Fort Worth on November 15 2005 and a public hearing was held in Fort Worth on November 29 2005 and the affected community was duly notified of same and allowed the opportunity to comment; and WHEREAS, the Crty of Fort Worth is a municipality with a population of 20 000 or greater and WHEREAS, an approved public drinking 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 Site; and WHEREAS, Apphcant has filed documentation with the city stating that contaminants identified within the designated groundwater associated with historical uses of the Site, that have been detected in concentrations exceeding residential assessment levels for potable use include petroleum hydrocarbons and chlorinated solvents, 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 Site for potable purposes as well as for irrigation, 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 Site pursuant to Texas Health and Safety Code, Chapter 361 Subchapter W and WHEREAS, Apphcant has continuing obligations to satisfy applicable statutory and regulatory provisions concerning groundwater contamination investigation and response actions at the Site, and ~I~~~ ~1~ >~t~3~,~' '!~~D1~L'11" EXHIBIT A Being 40 O10 square feet or 0 9185 acre tract of land being all of Lot 3-R of McClellan Subdivision, an addition to the City of Fort Worth, Tarrant County Texas according to the plat thereof recorded in volume 388-45 Page 59 Plat Records of Tarrant County Texas, and being more particularly described as follows BEGINNING at a found 60d nail for a corner m the west line of Handley Drive (a 60 foot nght of way), said point being S 00°03 00' E, a distance of 133.30 feet from a found 60d nail at the intersection of the west line of Handley Drive with the south line of Brentwood Stair Road (an 80 foot right of way), said point being common east corner of said Lot 3 R and Lot 4-R of the said McClellan Subdivision, said point the begmmng of a tangent curve to the right with a central angle of 13°41 14 a radius of 447 40 a chord bearing of S 06°47' 37' W and a chord distance of 106 62 feet; THENCE, Southwesterly wrth the west line of Handley Drive and along said curve, an arc distance of 106 88 feet to a found 5/8 inch iron rod for a corner at the common east corner of said Lot 3-R and Lot 5-R of the said McClellan subdivision, THENCE, N 89°22 00' W departing the west hne of Handley Drive and with the common line of said Lots 3-R and 5-R, a distance of 230 44 feet to a found 5/8 inch rod for a corner said paint being the common west corner of said Lots 3-R and 5-R and on the east line of Lot 1-R of the said McClellan Subdivision, • THENCE, N 00°45 00 E, with the common hne of said Lots 1 R and 3 R, passing at a distance of 35 52 feet the common east corner of said Lot 1-R and Lot 2-R of the said McClellan Subdivision, contmumg in all a distance of 239 30 feet to a found 518 inch iron rod for a corner in the south line of Brentwood Stair Road, said point being the common north corner of said Lots 2-R and 3-R, THENCE, S 89°22 00' E, wrth the south hne of Brentwood Stair Road, a distance of 109 80 feet to a set PK nail for a corner said paint being the common north corner of said Lot 3-R and said Lot 4-R, THENCE, S 00°03 00' E, departing the south line of Brentwood Stair Road, a distance of 133 3 feet to a set'/Z inch iron rod for a corner said point being the southwest corner of said Lot 4-R, THENCE, S 89°22 00' E, contmumg wrth the said common line, a distance of 130 feet to the point of Beginning.