HomeMy WebLinkAboutOrdinance 20834-07-2013 ORDINANCE NO. 20834-07-2013
AN ORDINANCE AMENDING THE CODE OF THE CITY
OF FORT WORTH (1986), AS AMENDED, BY THE
AMENDMENT OF CHAPTER 12.5, "ENVIRONMENTAL
PROTECTION AND COMPLIANCE," ARTICLE IV
"GROUNDWATER AND SURFACE WATER QUALITY,"
BY AMENDING APPENDIX "A" "MUNICIPAL SETTING
DESIGNATION SITES IN FORT WORTH," BY THE
ADDITION OF SECTION 23 DESIGNATING CFW-MSD-
0023, PROVIDING FOR THE PROHIBITION OF THE USE
OF GROUNDWATER FOR POTABLE AND IRRIGATION
PURPOSES IN CFW-MSD-0023; PROVIDING THAT THIS
ORDINANCE IS CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A FINE OF UP TO
$2,000.00 FOR EACH OFFENSE IN VIOLATION OF THE
ORDINANCE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER OF THE CITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Keystone Equity Partners, LLC (Applicant) has filed an application
for support of a resolution seeking a Municipal Setting Designation (MSD) for the
site known as Quarry Falls Industrial Growth Center No. 1, Fort Worth, Texas, the
metes and bounds description being attached hereto as Exhibit "A"(Site); and
WHEREAS, notice to all interested parties has been provided in accordance with
all applicable law and a public hearing has been held on the matter on July 23,
2013; and
WHEREAS, upon passage of a supporting resolution by the City Council,
Applicant intends to file a separate application with the Executive Director of the
Texas Commission on Environmental Quality (TCEQ) for certification of an
MSD for the Site pursuant to Texas Health and Safety Code, Chapter 361,
Subchapter W; and
Ordinance No. 20834-07-2013
Page No. 1 of 5
WHEREAS, Applicant has continuing obligations to satisfy applicable statutory
and regulatory provisions concerning groundwater contamination investigation
and response actions at the Site; and
WHEREAS, the City Council of the City of Fort Worth is of the opinion that it is
in the best interest of the public to support Applicant's application to the Texas
Commission on Environmental Quality for a Municipal Setting Designation for
the Site; and
WHEREAS, in order for the TCEQ to certify the Site the city must prohibit the
potable use of groundwater from beneath the Site; and
WHEREAS, a public drinking water supply system exists that supplies or is
capable of supplying drinking water to the Site, and property within one-half mile
of the Site; and
WHEREAS, where public drinking water is available, the potable use of
groundwater in designated areas should be prohibited to protect public health and
welfare when the quality of the groundwater presents an actual or potential threat
to human health;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
Chapter 12.5 "Environmental Protection and Compliance," Article IV, "Groundwater and
Surface Water Quality," Appendix A, "Municipal Setting Designation Sites in Fort Worth," of
the Code of the City of Fort Worth (1986) as amended, is hereby amended by the addition of
Section 23 to read as follows:
Ordinance No. 20834-07-2013
Page No. 2 of 5
APPENDIX A—MUNICIPAL SETTING DESIGNATION SITES IN FORT WORTH
23, CFW-MSD-0023
(a) CFVV-MSD'0023ia defined and designated uafollows:
Being u tract of land situated in the City of Fort Worth, Tarrant County,
Texas and being more particularly described by runtem and bounds
description (Exhibit A) and map ofCFW - K8S[>-8023 (Exhibit R).
(h) The designated Arouudvvuiwc beneath CyVV-M3D-0023 is o shallow,
perched aquifer to u depth of approximately 30 feet below ground surface,
and is underlain hy confining limestone-shale bedrock. The chemicals of
concern identified in groundwater beneath the site exceeding applicable
Tier | Texas Risk Reduction Pno&7unu (TF\8P) Residential Protection
Concentration Levels (PCI.x) include arsenic, |ead` MCPf\, and 4,4-DDT.
(o) The use of the designated groundwater in CFVV-M3ZJ-0023 for potable
and irrigation purposes iu hereby prohibited. This prohibition is necessary
because the contaminant concentrations exceed potable water standards,
(d) The City will provide advance written notice \o the Texas Commission oo
Environmental Quality, as nuuob as is practicable, prior to enacting an
ordinance repealing nr amending this section.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of
Fort VVoob' Texas (1906), as amended, except where the provisions of this ordinance are indirect
conflict with the provisions of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences,
clauses, and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph,
or section of this ordinance mbul| be doo|oud unconstitutional by the valid Judgment or decree of
any court of competent jurisdiction, such unconstitutionality ybu|\ not affect any of the remaining
Ordinance No. %8834-07'7Ul3
Page No. 3 n[5
clauses, sentences, paragraphs, and sections o[this ordinance, since the same would have
been euudcd by the City Council without the incorporation in this on|inuuuo of any such
unconstitutional obruae clause, sentence, paragraph, ncsection.
SECTION 4.
Any person, finn` or corporation who violates, disobeys, omits, neglects, or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance mhu\) he fined not
more than tv/o thousand dollars ($2`000.00) for each oOeuoc Each day that a violation in
pconktod to exist mbuU constitute o separate offense.
SECTION 5.
All rights and ,enzodiom of the City of Fort Worth, Texas, are expressly saved as to any and all
violations of the provisions of the ordinances amended in Section 1, which have accrued at the time
of the effective date of this ordinance and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending io court ornot, under such ordinances, monuo obu|| not be
affected hy this ordinance but may hc prosecuted until fiou| disposition by the courts.
SECTION 6.
The City Secretary of the City of Fort Worth, Texas is hereby directed to publish the oayduu
summarizing the purpose of this ordinance and the penalty for violating this ordinance for two
(2) days in the otDuiu| newspaper of the City of Fort Worth, Tczux, as authorized by \/.T.C./\.
Local Government Code Subsection 52.0l3
Ordinance No. 20834'07'2Vl3
Page No.4of5
SECTION 7.
This ordinance shall be in full force and effect after its passage and publication as required by law,
and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
SARAH FULLENWIDER, CITY ATTORNEY
ARTHUR N. BASHOR Y J. KAYSER, CIT CRETARY
ASSISTANT CITY ATTORNEY
ADOPTED: July 23, 2013
�
EFFECTIVE.
Ordinance No.20834-07-2013
Page No. 5 of 5
Exhibit A
Quarry Falls Industrial Growth Center No. V
Metes and Bounds
519.13 Acre Tract
SOUTH TRACT
Being u /,uu of land situated in the ]J, Bnb6a Survey, Abstract No. 806, the C.5.P.I. & M. Co. 8umoy, 6bnt,uo,
No. 383 the /. & G.BK. Co. Sumoy, Abstract No. 1055, the J. 8ovnnao Survey, Abstract Nn. 80, the D. Loyd
Survey, Abstract No. 9Q6, the VY. \' Allen Survey,Abstract No, lJ^ the [. JkQRR. Co. Survey,Abstract No. 1954
and the R. Vickery Survey, Abstract No. 1591. Tarrant County, Texas and being the remaining portion ofthose
rnnaiu /ruotn of land as dcoodbod in deed to KEYSTONE EQUITY PARTNERS, LLC , as recorded in 9v|unue
|544)` Page 37o[the Deed Records vf Tarrant County, Texas and also being the remaining portion vf that certain
tract of land as described in deed to THOMAS B. 8LANTOyJ. as ,ncnndnd in County Clerk's Document No.
D208415098 of the Deed Records of Tarrant County,Texas and also being the remaining portion of that certain tract
of land as described in deed to GREEN EQUITY PARTNERS LLC, as recorded in County Clerk's Document No.
D212291342 of the Deed Records of Tarrant Couuty. Texas and also being all of that certain tract of land as
described in deeds to COMMERCIAL METALS COM9ANY, an recorded in County Clerk's Document yJn.
I)212112}61 and D21211 2 162 of the Deed Records of Tarrant County,Texas and also being all of that certain tract
of land an described in deed to BROWN-LBYY|SV{LLG RAILROAD FAMILY FIRST LIMITED PARTNERSHIP,
as recorded in County Clerk's DovumoutNo. 2 12293503 of the Deed Records of Tarrant County, Texas and also
being all of those certain tracts of land as described in deeds to XTO ENERGY INC.,as recorded in County Clerk's
Document No. D206239786.D2O7)7542 and D2VO857}?8o[the Deed Records of Tarrant County,Texas and being
more particularly described by metes and bounds unfollows:
BEGINNING at a magnesium yK uui\ found at the intersection of the approximate centerline of Old Oeuomr Road
(an undefined right-of-way)and the southerly right-of-way line of Interstate Highway 820 (a variable width right-of-
way);
TVBNCE, departing the approximate centerline of said 0k1 Dnoumr Road and x|ooA the southerly d8b+of-woy of
said Interstate 82V the following courses:
North 89 degrees 38 minutes 26 seconds East, p distance of 50.34 fee/ to u 5/8" iron rod found with cap
ommpvd'PATS'for;vmxc
North 00 degrees 29 miuo/on 24 seconds West, a distance nfl8|�95 tee/ /ou5/8" iron rod found with cap
stamped'PATE'for comer,at the beginning of a non-tangent curve to the right,having a central angle uf59
degrees O| minutes 25 seconds, a radius of 300,00 feet and being no6,endod by o 395.56 foot chord which
bears North 29 degrees 04 minutes 18 seconds East;
Along said curve to the hAbt in a northeasterly dircotivo, an arc dio1uuox of 309.05 fee/ to u TxI}0T
monument found for comer;
North 58 degrees 23 minutes 45 voonods Ewt, w distance of 358.29 6,ot to a 5/8^ iron rod found with cap
ptampnd'YATB' for comer;
North 43 degrees 27minutes 5Z seconds Last,^distance v[}lO.48 feet mu point for comer;
North 51 degrees 33 minutes /7 seconds East, o distance n[5O3.59 feet mu5/8'' iron rod found with cap
for corner;
North 45 degrees 22 minutes 07 seconds East, u distance of9O474 feet tooTxD0Tmonument found for
comer, at the beginning ofucurve to the right,having u central angle of03 degrees 50 minutes |6seconds,
a radius of 11'259.16 feet and being m6wudrd by 754.04 foot chord which bears Nvub 61 degrees 12
minutes 46 seconds East;
Along said curve m the right iou northeasterly direction,uu arc distance of754.l8 feet mu point for comer;
THENCE departing the southerly right-of-way line of said lowsm,e Highway 820 and n|nug the wonnou easterly
lines of said Keystone Equity Partners and the westerly |ion, of Tarrant County Water Control and Improvement
District No. i ao described io Volume 2866. Page \90io the Deed Records nf Tarrant County,Texas the following
courses:
South 18 degrees |2 minutes 89 seconds West,u distance n[720.y3 feet»ou point for corner;
South 37 dnCn,en 07 minutes 55 seconds East, u distance of 1503.30 feet to u lQ" 6uckherry(dead) found
for corner;
South 00 degrees 32 minutes 33 seconds West, uta distance n[232.44 feet passing o 3/4" iron rod found at
the northwesterly corner of Meacham Airport Addition,an addition to the City of Fort Worth as recorded in
Cabinet A. Page 2246 of the p|u/ Records of Tarrant County, Texas and proceeding u total distance of
1733.61 feet to o cotton gin spindle found for "mn,r and also being on the rxato,|y line of the
aforementioned Thomas B.Blanton tract;
THENCE, along the common easterly lines of said Thomas B. Blanton tract and the westerly lines of said Meacham
Airport Addition the following courses:
North 89 degrees 59 minutes 01 seconds East, u distance o[ 1046.90 h:ot tooconcrete fence post found for
"nmxc
South O8 degrees 45 minutes 54 seconds East, u distance of69220feet twa5/8'` iron rod found with plastic
cap stamped'pATB'fur comer;
South 57 degrees 44 minutes 06 seconds West, o distance of]27.98 feet to uxted fence post found for
;vmec
.
South 08 degrees 45 minutes 54 seconds East,u distance of 1050.70 feet to a3/4^iron rod found for comer;
South 79 degrees 0V minutes 54 seconds East,u distance of208.00feet ton3/4^iron rod found for corner;
South 0O degrees 2l minutes l3 seconds East, n distance n(86726feet tno5/8^iron rod found with plastic
cap y,umpod'9ATB' for comer;
South 89 degrees 33 minutes 04 seconds East, a distance of 347.22 feet to a concrete post found for comer
on the easterly line of that oenxiu tract of land as described in deed to 3uohob Cement, Inc. as recorded in
Volume |}72Q.Pu�e2]\8o[the Deed Records o[TaoxotCoomy,Texas;
THENCE, along the common lines of said Tbow^n B. nbvmu tract and said Sunbelt Cement /mo, the following
nommoo:
North 0l degrees 03 minutes 2l seconds West, a distance nf458.)2 feet to n 5/8~ iron rod found with cap
stamped'1625' for corner;
North \h degrees 36 minutes 24 seconds West, a distance v[5d328 feet wo 50^ iron rod found with cap
stamped |625'for corner;
Snvdb 77 degrees 02 minutes 03 seconds West, u distance n[100.88 feet to a 5/8^ iron rod found with cap
stamped'fATE' for comer;
South 12 degrees 57 minutes 57 seconds East, o distance n[ l2Q.01 feet to a 5/8^ iron rod found with cap
stamped'PATE' for corner;
South 76 degrees 54 minutes 09 seconds YVvw, u diomoxc of 242.40 8,ot to x oJmxd spike found for
comer;
South 12 degrees 47 minutes 30 seconds East,a distance of 92.60 feet to a 3/4"iron rod found for corner;
THENCE along the common easterly lines of said Keystone Equity Partners, LL.C. tract and the westerly lines ofu
tract n[ land as dnoohbod in deed to Sunbelt Cement Inc., recorded in Vn|vmn 11728' Page 2318 the 6,Unwiug
courses and distances:
South 77 degrees 12 minutes 30 seconds West,a distance of 130.38 feet to a point for corner;
South 13 degrees 02 minutes 1 1 seconds East, a distance of 329.90 feet to a 5/8" iron rod found with cap
stamped'162 5' for corner;
South 41 degrees 37 minutes 07 seconds East, a distance of 409.93 feet to an 'x' cut found in concrete for
comer;
South 13 degrees 00 minutes 20 seconds East, a distance of 602.05 Feet to a 5/8" iron rod found with cap
stamped'162 5'for corner;
South 00 degrees 42 minutes 24 seconds East,a distance of 757.46 feet to a l" iron rod found for corner;
South 48 degrees 54 minutes 31 seconds West, a distance of 722.09 feet to a steel fence post found for
comer and also being in the said northeasterly right-of-way line of Angle Avenue (120 foot wide Right-of-
Way);
THENCE along the northeasterly right-of-way line of said Angle Avenue the following courses and distances:
North 41 degrees 20 minutes 59 seconds West, along said Angle Avenue, a distance of 2038.75 feet to a
3/4" iron rod.found for corner and the beginning of a curve to the left, having a central angle of 14 degrees
21 minutes 35 seconds, a radius of 1180.00 feet and being subtended by a 294.96 foot chord which bears
North 48 degrees 31 minutes 47 seconds West;
Along said curve to the left, in a northwesterly direction, an arc distance of 295.74 feet to a bent 5/8" iron
rod found for corner;
North 55 degrees 42 minutes 34 seconds West, a distance of 1477.47 feet to a 3/4" iron rod found at the
intersection of the northeasterly right-of-way of Angle Avenue and the easterly right-of-way line of the
aforementioned Old Decatur Road;
THENCE along the easterly right-of-way line of said Old Decatur Road the following courses and distances:
North 08 degrees 09 minutes I 1 seconds West, a distance of 78.06 feet to a 5/8" iron rod found at the
beginning of a non-tangent curve to the left, having a central angle of 27 degrees 50 minutes 05 seconds, a
radius of 230.00 feet and being subtended by a 110.64 foot chord which hears North 05 degrees 51 minutes
31 seconds East;
Along said curve to the left in a northeasterly direction, an arc distance of 111.74 feet to a 3/4" iron rod
found for corner;
North 20 degrees 27 minutes 59 seconds West,a distance of 51.20 feet to a 5/8"iron rod found for corner;
South 81 degrees 56 minutes 31 seconds West, a distance of 16.46 feet to a magnesium pk nail found for
comer;
North 08 degrees 22 minutes 12 seconds West, a distance of 429.28 feet to a magnesium pk nail found in
the approximate centerline of said Old Decatur Road for corner;
THENCE North 00 degrees 29 minutes 04 seconds West, along the approximate centerline of said Old Decauu
Road, a distance of 3233.45 feet to the POINT OF BEGINNING and containing 18,807,912 Square Feet or
431.770 Acres of Land,more or less.
NORTH TRACT
Being a tract of land situated in the J. T. Hobbs Survey, Abstract No. 806, the R. Musselman Survey, Abstract No.
1102 and the A. F. Albright Survey, Abstract No. 1849,Tarrant County,Texas and being all of that certain tract of
land as described in deed to KREG EQUITIES LTD., as recorded in County Clerk's Document No. D208415133 of
the Deed Records of Tarrant County,Texas and being more particularly described by metes and bounds as follows:
wwo"w
BEGINNING at a brass cup monument found at the intersection of the northerly right-of-way line ofInterstate
Highway 820 (u variable width 6&bt-of-woy) and the easterly right-of-way line of Old Decatur Rood (v variable
width right-of-way);
THENCE, departing the northerly right-ot"-way line of said Interstate Highway 820 and along the easterly right-of-
way ofmid0dDccamrKnadthe(bUowinDcoumn000ddiymucev:
North 49 degrees 54 minutes 33 seconds West,a distance of 112.74 Feet to a 5/8"iron rod with cap stamped
'yATE' found for comer;
North 00 degrees 28 minutes 42 seconds West,a distance n[J93.96 b,ot mn5/8^iron rod with cap stamped
'pATE'f000d for,ornec
.
North 08 degrees 54minutes }6 seconds West,o distance of45I}2 feet oao50^iron rod with cap stamped
'P»JE' found for comer;
North 10 degrees 52 minutes 50 seconds West,a distance of 364.02 feet to a 5/8"iron rod with cap stamped
'PATE' found for comer at the southwesterly comer of The Quarry addition, an addition to the City ofFort
VVv,th. Texas as recorded in Cabinet 6' Slide 8696 and Cabinet A' Slide 10514 of the *cod Records of
Tarrant County,Texas;
THENCE, along the northerly lines of said KREG Equities LTD. tract and the southerly lines of The Quarry the
following courses and distances:
North 7Y degrees U7minutes |O seconds East, u distance of259.75feet tou5/8'' iron rod with cap stamped
'PATE' found for comer at the bo8iooio& of curve to ,be |eft, having u couoo| uo8|e of 38 do&"cus 40
nobou,eo 12 orconda, u radius of 1.000.00 feet and being subtended by 662.18 b»n\ chord which bears
North j9 degrees 47 minutes 04 seconds East;
Along said cvmo to the /rb in a northeasterly din,otioo, on are distance of 674.92 feet to a 5/8^ iron rod
with cap stamped'PATC'Davud for comer at the end o[said curve;
North 40 degrees Z6 minutes 57 seconds East, o distance of87.l| feet tna5/8'' inn rod with cap stamped
'YAT6' found for comer;
North 00 degrees 32 minutes 42 seconds West u distance vf|o728 feet*nn5/8^iron rod with cap stamped
'yATB/ found for comer;
North 39 degrees 03 minutes 54 seconds East,a distance of 109.29 feet to a 5/8"iron rod with cap stamped
'P6TE7 found for cvmoc
.
North Jh degrees 44 minutes 3b seconds East,u distance o[i70]5feet toa5/8^ iron rod with cap stamped
'P8TE'found for comer;
South 61 degrees 33 minutes 57 seconds East,u distance o[|l|.O8 feet tou5/8'`iron rod with cap stamped
'yATG'found for comnc
`
North 75degrees |5 minutes 58 seconds East,o distance of274.}3 feet tou5/8'' iron rod with cap atamp*]
'P8T5' found for omon,�
.
North 40 degrees 43 minutes 44 seconds East,"distance ofl9l22 feet mn5/8^iron rod with cap stamped
'PATB found for comer;
North 47 degrees 27 minutes 04 seconds East, n distance n[464.59 feet toao 'x' cut in rock bound for
comer;
North 25 degrees 33 vdouuo 52 oec^mh East, u distance n[ |2l,39 fee/ to an 'o' cut in rock found for
onmnc
North 55 degrees 52 minutes J7 seconds East, u distance uf20492 feet toon 'x' cut in rock found for
comer;
South 72 degrees 24 minutes 53 seconds East,u distance o[\80.h4 feet ma5/Q^ iron rod with cap stamped
'PAIB found for comer;
���
North 75 degrees 20 minutes ]Oseconds East, a distance of45.5O feet uoa5/8^ iron rod with cap stamped
'PATE'found for comer;
North 39 degrees 33 minutes 30 seconds East,a distance of 189.18 feet to a 518" iron rod with cap stamped
'PATE found for comer;
North 84 degrees 33 minutes 30 seconds £us,, u distance of56.57 feet to 5/8^iron rod with cap stamped
'PATB found for comnc
^
South 50 degrees 2h minutes 30 seconds East,u distance of3V0.96 fecmo5/8^iroumdvidhuapotamped
'y83E' found for comer ut the southeasterly comer vF said The Quarry;
TBKNCX, along the westerly lines of said KK6G Equities LID. tract and the easterly lines of The Quarry the
following courses and distances:
North |3 degrees 40minutes |0 seconds East,n distance nf435.92 feet mu5/8^'iron rod with cap stamped
`To/ BARROW'found for comer;
North |\ degrees 20 minutes 10 seconds East, o distance of4 17J3 5,ot to a 5/8^iron rod with cap stamped
'PATE'found for comer u\the northeasterly comer of said The Quarry;
THENCE, ulnoA the unutbe,h/ boxs of said &R-E(j Equities LTD. tract and the northerly Uuem of The Uonnry the
following courses and distances:
South b9degrees 16 minutes |0 seconds West,v distance nf 2]872 feet^vu5/8^iron rod with cap stamped
'PATE' found for cnnmc
,
South 89 degrees 35 minutes 10 seconds YVrmt, o distance of 1279.81 feet to u J/8" bno rod with cap
stamped 'PATE' found for comer at the nouthmuom,dy corner of tract of \ood as described in deed to
Centex Homes ao recorded iuVolume \59&8.Page 3d3nf the Deed Records of Tar-rant County,Texas;
THENCE North 22 degrees 52 minutes 42 seconds n/nm, along the northwesterly |im: of said Keystone Equity
Partners tract and die Southeasterly line of said Centex Homes tract, a distance of 54.11 feet to a 5/8" iron rod with
cap stamped 'PATE' found for comer at the northeasterly corner of said Centex Rmoos tract and being on the
southerly dgbt'nf-ruy line n[the Texas Electric Service Company (tract 2 8V foot wide d&6/'of-wvy) osrecorded
iv Volume \4403'Page 44l nf the Deed Records u[Tarrant County,Texas;
THENCE North 89 degrees 35minutes \8 seconds East, along the northerly liono[said D3lEGEquities LTD. tract
and the southerly,igb/-nf-moy line nf said Texas Electric Service Company (tract 2). n distance nf |30035 feet ton
j/Q''iron rod with cap stamped 'PA3£' found for corner ut the intersection no the southerly rigbt-nf-way line ofsaid
Texas Electric Service Company(tract %) and the southerly rigb/-of-way line of Texas B,uri« Service Co,oPwuy
(tract | -75 foot wide rigbt-nf-wuy);
THENCE North 89 Je&,eox 16 minutes \O seconds East, along the northerly line nf said BREG Equities LTD. uucc
and the southerly ,igbt'wf-vmy line ofsaid Ic^ov Electric Service Company(tract l), a distance of3V0.4O feet to w
3/4^ iron rod found for corner on the westerly line of the Currum County \vumr Control and lnnpmrnnneut District
Nn. l um recorded io Volume Z8h0,Page \88of the Deed Records of Tarrant County,Texas;
THENCE along the w*mo6y lines of said Tuouot County Water Control arid ln9mvomnot Dixojo/ No. l and the
easterly lines of said KDEG Equities LTD. tract the following comes and distances:
South I degrees 2Ominutes |0 seconds West,o distance o[480.6V feet too5/Q'' iron rod with cap stamped
'PAT6' found for uomec
.
South 13 degrees 46 minutes 10 seconds West,a distance of 557.30 feet to a 3/4"iron rod found for corner;
South 22 degrees 33 minutes 58 seconds West, o distance of 791.32 feet to a h,aoo omoumeo/ stamped
'ICVYC' found for corn,��
.
South l9 degrees 4d minutes 58 seconds West,o distance of44l|U feet mu}/4^iron rod found for comer;
South 44 degrees 47 minutes 58 seconds West,o distance of 398.70 feet to n 5/8^iron rod with cap stamped
'PxTB found for corner;
South 32 degrees 28 minutes 02 seconds East, a distance of 197.27 feet to a 3/4" iron rod found for corner
on the northerly right-of-way line of the aforementioned Interstate Highway No. 820 and being the
beginning of a non-tangent curve to the left, having a central angle of 04 degrees 16 minutes 48 seconds, a
radius of 11,659.16 feet and being subtended by a 870.74 foot chord which bears South 62 degrees 25
minutes 14 seconds West;
THENCE, along the northerly right-of-way line of said Interstate Highway No. 820 and the southerly line of said
KREG Equities LTD, tract the following courses and distances:
Along said curve to the left in a southwesterly direction, an are distance of 870.94 feet to a 3/4" iron rod
found for corner at the end of said curve;
South 67 degrees 53 minutes 17 seconds West,a distance of 462.80 feet to a 3/4"iron rod found for corner;
South 62 degrees 34 minutes 02 seconds West, a distance of 551.45 feet to a monument(broken) found for
corner;
South 58 degrees 24 minutes 27 seconds West, a distance of 293.20 feet to the POINT OF
BEGINNING and containing 3,805,326 square feet or 87.358 acres of land, more or less.
MM
Exhibit B
Quarry Falls Industrial Growth Center No. 1
519.13 Acre Tract
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base map: CITY OF FORT WORTH GEOGRAPHIC INFORMATION SYSTEM 27TH City of Fort Worth
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/23/2013 - Ordinance No. 20834-07-2013 and Resolution
No. 4228.07-2013 ,
DATE: Tuesday, July 23, 2013 REFERENCE NO.: G-17952
LOG NAME: 20MSD QUARRY FALLS
SUBJECT:
Conduct a Public Hearing, Adopt Resolution Supporting the Application of Keystone Equity Partners, LLC,
for a Municipal Setting Designation for the Property Located Along the East Side of Old Decatur Road at
Northwest Loop 820, Fort Worth, Texas, to the Texas Commission on Environmental Quality and Adopt
Ordinance Prohibiting the Potable Use of Designated Groundwater from Beneath the Site (COUNCIL
DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing on the application of Keystone Equity Partners, LLC, for approval of a
Municipal Setting Designation for the property located along Old Decatur Road at Northwest Loop 820, a
519.13 acre site more fully described in the metes and bounds description included with the attached
resolution, 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
3. Adopt the attached ordinance prohibiting the potable use of designated groundwater from beneath the
site.
DISCUSSION:
On June 4, 2013, Keystone Equity Partners, LLC, filed an application with the City seeking support of a
Municipal Setting Designation (MSD)for properties located along Old Decatur Road at Northwest Loop
820, Fort Worth, Texas. The site includes 87.358 acres north of Northwest Loop 820 and 431.77 acres
south of Northwest Loop 820, extending southward to the intersection of Angle Avenue and Limestone
Acres.
Staff from the 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 the Diamond
Hill Community Center on July 9, 2013.
The groundwater that is sought to be restricted is shallow, perched groundwater that is underlain by a
confining layer of approximately 500 feet in thickness. The affected shallow groundwater is not a
designated, recognized major or minor aquifer. The chemicals of concern detected in the designated
groundwater include arsenic, lead, MCPA (herbicide) and 4,4-DDT.
The Fort Worth Water Department provides water service to all existing residential and commercial/
Logname: 20MSD QUARRY FALLS Page 1 of 2
industrial properties within the City limits of the City of Fort Worth, within half o mile of the MSO
boundary. All undeveloped properties (within the City limits of the City of Fort Worth) within half a mile of
the site are eligible to receive water service from the Fort Worth VVabar Oepadmen(, 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. The City of Saginaw has aborder
within half a mile ofthe MSD boundary.
|n20OJ. a state law became effective creating the concept ofmK4SD. The purpose ofoK4SDistocertify
properties in order tOlimit the scope ofor eliminate the need for investigation ofor response actions
addressing contaminant impacts to groundwater that has been restricted from use as potable water by
municipal ordinance. A person, typically a developer, must apply to the TCEQ for certification of their
property as aK4SD. 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 beby means ofa 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, the City Council adopted an ordinance creating a procedure for persons applying to the
TCEC)for aK4SC> ho get support of that application from the City Council. The procedure includes filing an
application with the {}ih/. Staff review of the application for potential impacts to City interests, a public
meeting held for the purpose of providing information on the application to the affected community and a
public hearing.
The site is located in COUNCIL DISTRICT 2. K4apsmo47K4. 47C>, 47R, 47U' 47V, 47Z and 48N. 48S and
48VV.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect onCity
funds.
FUND CENTERS:TO Fund/Account/Centers FROM Fund/Account/Centers
Fernando Costa (6122)
Originating Department Head: Douglas W. VViacsig (7801)
Additional Information Contact: K4ichoe( Genge (0508)