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HomeMy WebLinkAboutResolution 4003-07-2011A Resolution NO. 4003 -07 -2011 IN SUPPORT OF THE APPLICATION OF THE CITY OF FORT WORTH TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING DESIGNATION FOR THE SOUTHWEST PARKWAY PROJECT AT 3479 W VICKERY BLVD AND 3501 CONCRETE ST, FORT WORTH, TEXAS WHEREAS, the City of Fort Worth, (Applicant) has filed an application for support of a resolution seeking a Municipal Setting Designation for the Vickery Corridor as part of the Chisholm Trail Parkway Project, Fort Worth, Texas, the metes and bounds description being attached hereto as Exhibit "A" (Site), and map of same being attached hereto as Exhibit "B" (Site Map), to the Texas Commission on Environmental Quality; and WHEREAS, a public meeting on the application for support was held in Fort Worth on July 6, 2011, and a public hearing was held in Fort Worth on July 19, 2011, and the affected community was duly notified of same and allowed the opportunity to comment; 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, Applicant 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 trichloroethylene (TCE) and tetrachloroethylene (PCE), benzene, and methyl tertiary-butyl ether (MTBE); 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, shall, upon adoption of this ordinance, prohibit the use of designated groundwater beneath the Site for potable purposes as well as for irrigation; and WHEREAS, upon passage of this 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, Applicant has continuing obligations to satisfy applicable statutory and regulatory provisions concerning groundwater contamination investigation and response actions at the Site; and oRTWoR T Resolution No. 4003 -07 -2011 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: That the City of Fort Worth City Council supports Applicant's request to the Texas Commission on Environmental Quality for a Municipal Setting Designation of the Site described in Exhibit A and B. Adopted this 19th day of July 2011. APPROVED CITY COUNCIL ATTEST: et:;5��ba�ttttha A o 00Rr � JUL 19 2011 By: _ —! ` o „ 4w Secretary of the off Fort Worth, Texas Marty Hendrix, City Secretary o o° d 0 a d 0 00 0 ° ° 0 = °0000° Ay [r,—J FbRTWORTH Resolution No. 4003 -07 -2011 EXHIBIT A Being a 48.975 acre tract of land situated in the W. B. Conner Survey, Abstract No. 288, the W. D. Conner Survey, Abstract No. 301, the G. G. Davenport Survey, Abstract No. 401, the S. C. Inman Survey, Abstract No. 824 and the T. White Survey, Abstract No. 1636, City of Fort Worth, Tarrant County, Texas, said 48.975 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 1 inch iron pipe found for the northeast corner of Lot B, Block 1 of the Howco Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388 -1 10, Page 96 of the Plat Records of Tarrant County, Texas, said 1 inch iron rod being in the south right -of -way line of West Vickery Boulevard; THENCE South 00 degrees 14 minutes 15 seconds West, with the east line of said Lot B, a distance of 152.03 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner; THENCE South 67 degrees 33 minutes 17 seconds West, a distance of 86.46 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner in the south line of said Lot B; THENCE South 67 degrees 36 minutes 20 seconds West, a distance of 305.89 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner in the south line of Lot A, Block 1 of said Howco Addition; THENCE South 74 degrees 05 minutes 32 seconds West, a distance of 305.72 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner; THENCE North 26 degrees 34 minutes 46 seconds West, a distance of 27.64 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for the southwest corner of said Lot A; THENCE North 00 degrees 26 minutes 15 seconds East, with the west line of said Lot A, a distance of 34.20 feet to a 5/8 inch iron rod with cap stamped GORRONDONA" found for corner; THENCE South 77 degrees 47 minutes 50 seconds West, a distance of 50.01 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner; THENCE South 83 degrees 21 minutes 23 seconds West, a distance of 57.77 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner; THENCE South 69 degrees 30 minutes 19 seconds West, a distance of 145.85 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner; THENCE South 64 degrees 39 minutes 42 seconds West, a distance of 97.52 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner; THENCE South 68 degrees 56 minutes 13 seconds West, a distance of 479.61 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner in the east line of Lot 1, Block 1 of the W. M. Cameron & Co. Inc. Plant Site No. 2, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388 -101, Page 40 of said Plat Records of Tarrant County, Texas, said 5/8 inch iron rod with cap stamped "GORRONDONA" being the beginning of a non - tangent curve to the right having a radius of 449.90 feet, a central angle of 04 degrees 50 minutes 30 seconds and whose chord bears South 12 degrees 51 minutes 53 seconds West, a chord distance of 38.01 feet: THENCE with said non - tangent curve to the right and with the east line of said Lot 1, an arc length of 38.02 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for the southwest corner of said Lot 1; FoRTWORTH 11 1 Resolution No. 4003 -07 -2011 THENCE South 75 degrees 44 minutes 15 seconds West, with the south line of said Lot 1, a distance of 339.14 feet to a concrete monument found for the southwest corner of said Lot 1; THENCE South 55 degrees 13 minutes 14 seconds West, a distance of 863.44 feet to a 112 inch iron rod with cap stamped "Brittain & Crawford" found for the southeast corner of Lot 2 -R, Block 2 -R of Factory Place Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388 -47, Page 460 of said Plat Records of Tarrant County, Texas; THENCE South 35 degrees 33 minutes 17 seconds West, with the south line of said Lot 2 -R, a distance of 149.58 feet to a point for the most easterly southwest corner of Lot 1, Block 2 -R of Factory Place Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388 -42, Page 42 of said Plat Records of Tarrant County, Texas; THENCE South 58 degrees 46 minutes 17 seconds West, with the south line of said Lot 1, a distance of 380.75 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for the southwest corner of Lot 1 -R, Block 2 -R of Factory Place Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388 -167, Page 59 of said Plat Records of Tarrant County, Texas; THENCE North 34 degrees 37 minutes 43 seconds West, with the west line of said Lot 1 -R, a distance of 88.40 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for the beginning of a non - tangent curve to the right having a radius of 9086.00 feet, a central angle of 00 degrees 59 minutes 44 seconds and whose chord bears South 57 degrees 33 minutes 21 seconds West, a chord distance of 157.89 feet; THENCE with said non - tangent curve to the right, an arc length of 157.89 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner; THENCE South 58 degrees 03 minutes 14 seconds West, a distance of 850.41 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for the beginning of a curve to the left having a radius of 7457.84 feet, a central angle of 05 degrees 02 minutes 48 seconds and whose chord bears South 55 degrees 31 minutes 49 seconds West, a chord distance of 656.70 feet; THENCE with said curve to the left, an arc length of 656.91 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner; THENCE South 60 degrees 52 minutes 20 seconds West, a distance of 8.18 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner; THENCE South 58 degrees 59 minutes 02 seconds West, a distance of 50.00 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner; THENCE South 58 degrees 37 minutes 54 seconds West, a distance of 150.00 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner; THENCE South 54 degrees 21 minutes 35 seconds West, a distance of 49.38 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner; THENCE South 50 degrees 26 minutes 28 seconds West, a distance of 185.09 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner; THENCE South 49 degrees 24 minutes 45 seconds West, a distance of 147.98 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner; ORT WOM hi Resolution No. 4003 -07 -2011 THENCE South 48 degrees 40 minutes 20 seconds West, a distance of 150.92 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner; THENCE South 47 degrees 48 minutes 28 seconds West, a distance of 670.52 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for the beginning of a curve to the left having a radius of 1349.39 feet, a central angle of 09 degrees 36 minutes 06 seconds and whose chord bears South 43 degrees 00 minutes 25 seconds West, a chord distance of 225.87 feet; THENCE with said curve to the left, an arc length of 226.13 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner; THENCE South 34 degrees 32 minutes 54 seconds West, a distance of 9.82 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for the beginning of a non - tangent curve to the right having a radius of 1884.86 feet, a central angle of 01 degrees 01 minutes 32 seconds and whose chord bears South 53 degrees 54 minutes 56 seconds West, a chord distance of 33.73; THENCE with said non - tangent curve to the right, an arc length of 33.73 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner; THENCE North 54 degrees 49 minutes 20 seconds West, a distance of 148.46 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner in the south right -of -way line of said West Vickery Boulevard; THENCE North 32 degrees 24 minutes 30 seconds East, with the south right -of -way line of said West Vickery Boulevard, a distance of 399.93 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for the beginning of a curve to the right having a radius of 1002.74 feet, a central angle of 22 degrees 52 minutes 16 seconds and whose chord bears North 39 degrees 18 minutes 47 seconds East, a chord distance of 397.62 feet; THENCE with said curve to the right, and with the south right -of -way line of said West Vickery Boulevard, an arc length of 400.27 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner in north line of Block 1 of Factory Place Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 204A, Page 101 of said Plat Records of Tarrant County, Texas; THENCE North 51 degrees 29 minutes 19 seconds East, with the north line of said Block 1 and with the south right -of -way line of said West Vickery Boulevard, a distance of 1910.01 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for the northeast corner of Block 3 of Factory Place Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388 -80, Page 32 of said Plat Records of Tarrant County, Texas, said 5/8 inch iron rod with cap stamped "GORRONDONA" being the intersection of the south right -of -way line of said West Vickery Boulevard with the west right -of -way line of Hooper Street; THENCE North 52 degrees 27 minutes 40 seconds East, a distance of 39.78 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for the northwest corner of Block 4 of Factory Place Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 204A, Page 101 of said Plat Records of Tarrant County, Texas, said 5/8 inch iron rod with cap stamped "GORRONDONA" being the intersection of the south right -of -way line of said West Vickery Boulevard with the east right -of -way line of said Hooper Street; THENCE North 51 degrees 25 minutes 48 seconds East, with the north line of said Block 4 and with the south right -of -way line of said West Vickery Boulevard, a distance of 846.55 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for the beginning of a curve to the right ftbugDjo T Resolution No. 4003 -07 -2011 having a radius of 2011.31 feet, a central angle of 01 degrees 31 minutes 23 seconds and whose chord bears North 50 degrees 02 minutes 12 seconds East, a chord distance of 53.47 feet; THENCE with said curve to the right, with the north line of said Block 4 and with the south right -of -way line of said West Vickery Boulevard, an arc length of 53.47 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner; THENCE North 51 degrees 25 minutes 48 seconds East, with the north line of said Block 4 and with the south right -of -way line of said West Vickery Boulevard, a distance of 100.00 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for the northeast corner of said Block 4, said 5/8 inch iron rod with cap stamped "GORRONDONA" being the intersection of the south right -of -way line of said West Vickery Boulevard with the west right -of -way line of Concrete Street; THENCE South 38 degrees 34 minutes 12 seconds East, with the east line of said Block 4 and with the west right -of -way line of said Concrete Street, a distance of 252.44 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner; THENCE North 56 degrees 49 minutes 32 seconds East, a distance of 90.31 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner; THENCE North 61 degrees 04 minutes 38 seconds East, a distance of 732.45 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner; THENCE North 57 degrees 27 minutes 11 seconds East, a distance of 295.84 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner in the west line of Lot 1, Block 1 of said W. A Cameron & Co., Inc. Plant Site No. 2; THENCE North 00 degrees 48 minutes 45 seconds West, with the west line of said Lot 1, a distance of 316.93 feet to a 5/8 inch iron rod found for the northwest corner of said Lot 1, said 5/8 inch iron rod being in the south right -of -way line of Rutledge Street; THENCE North 88 degrees 20 minutes 15 seconds East, with the north line of said Lot 1 and with the south right -of -way line of said Rutledge Street, a distance of 411.10 feet to a 3/4 inch iron rod found for the northeast corner of said Lot 1; THENCE North 89 degrees 39 minutes 30 seconds East, with the south right -of -way line of said Rutledge Street, a distance of 212.27 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner; THENCE North 66 degrees 17 minutes 00 seconds East, a distance of 151.57 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner in the south line of Lot 1 of the G. W. Jackson Heirs Subdivision, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388, Page 36 of said Plat Records of Tarrant County, Texas, said 5/8 inch iron rod with cap stamped "GORRONDONA" being in the north right -of -way line of said Rutledge Street; THENCE North 29 degrees 13 minutes 34 seconds East, a distance of 17.59 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for the beginning of a non - tangent curve to the right having a radius of 862.51 feet, a central angle of 09 degrees 04 minutes 43 seconds and whose chord bears North 07 degrees 20 minutes 56 seconds West, a chord distance of 136.52 feet; THENCE with said non - tangent curve to the right, an arc length of 136.67 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner in the north line of said Lot 1 and in the south right -of -way line of said West Vickery Boulevard; ORT WORTH, fi Resolution No. 4003 -07 -2011 THENCE South 89 degrees 30 minutes 03 seconds East, with the north line of said Lot 1 and with the south right -of -way line of said West Vickery Boulevard, a distance of 72.02 feet to a point for the northeast corner of said Lot 1; THENCE South 00 degrees 33 minutes 42 seconds East, with the west line of said Lot 1 and with the south right -of -way line of said West Vickery Boulevard, a distance of 5.50 feet to a point for the northwest corner of Lot 7, Block 2 of Brooklyn Heights, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 944, Page 445 of said Plat Records of Tarrant County, Texas; THENCE North 89 degrees 26 minutes 18 seconds East, with the north line of said Lot 7 and with the south right -of -way line of said West Vickery Boulevard, a distance of 16.40 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for the beginning of a non - tangent curve to the left having a radius of 774.51 feet, a central angle of 07 degrees 04 minutes 20 seconds and whose chord bears South 07 degrees 06 minutes 26 seconds East, a chord distance of 95.54 feet; THENCE with said non - tangent curve to the left, an arc length of 95.60 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner; THENCE South 59 degrees *00 minutes 48 seconds East, a distance of 25.61 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner; THENCE North 73 degrees 58 minutes 52 seconds East, a distance of 342.97 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner in the west line of Lot A, Block 1 of said Howco Addition, said 5/8 inch iron rod with cap stamped "GORRONDONA" being in the east right -of -way line of Kimzey Street; THENCE North 00 degrees 14 minutes 15 seconds East, with the west line of said Lot A and with the east right -of -way line of said Kimzey Street, a distance of 14.48 feet to an "X" cut in concrete found for the northwest corner of said Lot A, said "X" cut in concrete being the intersection of the south right -of -way line of said West Vickery Boulevard with the east right -of -way line of said Kimzey Street; THENCE South 89 degrees 45 minutes 45 seconds East, with the north line of said Lot A and with the south right -of -way line of said West Vickery Boulevard, a distance of 647.69 feet to the POINT OF BEGINNING, and containing 2,133,350 square feet or 48.975 acres of land, more or less. FoRTWORTH T Resolution No. 4003 -07 -2011 Exhibit B ORT-Nm T City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/19/2011 - Ordinance No. 19784 and Resolution No. 4003 DATE: Tuesday, July 19, 2011 REFERENCE NO.: G -17329 LOG NAME: 20MUNICIPAL SETTING DESIGNATION / VICKERY CORRIDOR SUBJECT: Adopt a Resolution Supporting the Application of the City of Fort Worth for a Municipal Setting Designation for the Vickery Corridor as Part of the Chisholm Trail Parkway Project to the Texas Commission on Environmental Quality, and Adopt Ordinance Prohibiting the Potable Use of Designated Groundwater from Beneath the Site (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a Public Hearing on the application of the City of Fort Worth for approval of a Municipal Setting Designation for the property known as the Vickery Corridor as part of the Chisholm Trail Parkway Project, a 48.975 acre tract situated in the W. B. Conner Survey, Abstract No. 288, the W. D. Conner Survey, Abstract No. 301, the G. G. Davenport Survey, Abstract No. 401, the S.C. Inman Survey, Abstract No. 824 and the T. White Survey, Abstract No. 1636, Fort Worth, Tarrant County, Texas, 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 for a Municipal Setting Designation for the site; and Adopt the attached ordinance prohibiting the potable use of designated groundwater from beneath the site DISCUSSION: On May 23, 2011, the City of Fort Worth Transportation and Public Works, Environmental Services Division filed an application with the City seeking support of a Municipal Setting Designation (MSD) for the Vickery Corridor as part of the Chisholm Trail Parkway Project located in Fort Worth, Texas. The MSD will prohibit the shallow, perched groundwater at the site from being used for potable purposes. The site is underlain by limestone and clay formations that extend from approximately 11 to 19 feet below the ground surface (bgs) to depths of 275 to 350 feet bgs. These formations serve as a regional barrier that prevent vertical migration of the chemicals of concern in the shallow groundwater to the underlying aquifers. The chemicals of concern identified in the groundwater beneath the site exceeding applicable Tier 1 Texas Risk Reduction Program (TRRP) Residential Protection Concentration Levels (PCLs) include trichloroethylene (TCE) and tetrachloroethylene (PCE), benzene, and methyl tertiary-butyl ether (MTBE). Staff from Planning and Development, Transportation and Public Works, and Water Departments 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 Thomas Place Community Center on July 6, 2011. Three representatives of the Applicant were present. Six residents of Fort Worth and surrounding cities were in attendance. There were no comments from residents adverse to this application. Logname: 20MUNICIPAL SETTING DESIGNATION/ VICKERY CORRIDOR Pagel of 2 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. If granted, an MSD allows the designated groundwater at the site to be cleaned to inhalation and contact standards only and removes the requirement to meet the drinking water standard. 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). The Fort Worth Water Department provides water service to all existing residential and commercial/ industrial properties within the City limits of the City of Fort Worth, within a half mile of the MSD boundary. All undeveloped properties (within the City Limits of the City of Fort Worth) within a half 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) No. 12311 (City of Fort Worth) and the City of Fort Worth Policy for the Installation of Community Services. There are no other cities within a half mile of the MSD boundary. The site is located in COUNCIL DISTRICT 9. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund /Account/Centers CERTIFICATIONS: FROM Fund /Account/Centers Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Michael Gange (6569) Logname: 20MUNICIPAL SETTING DESIGNATION/ VICKERY CORRIDOR Page 2 of 2