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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON AUTHORIZING
THE ACCEPTANCE OF DEED RESTRICTIONS PROHIBITING THE USE OF
DESIGNATED GROUNDWATER FROM BENEATH THE PROPERTY, CONTAINING
APPROXIMATELY 8.2424 ACRES LOCATED AT THE SOUTHWEST CORNER OF
INTERSTATE 35 AND US HIGHWAY 380, DENTON, TEXAS AS DESCRIBED IN
EXHIBIT "A", TO FACILITATE CERTIFICATION OF A MUNICIPAL SETTING
DESIGNATION ("MSD") OF SAID PROPERTY BY THE TEXAS COMMISSION OF
ENVIRONMENTAL QUALITY ("TCEQ"), PURSUANT TO THE TEXAS SOLID WASTE
DISPOSAL ACT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 361, Subchapter W of the Texas Solid Waste Disposal Act (the
MSD legislation") authorizes the Texas Commission on Environmental Quality ("TCEQ") to
certify Municipal Setting Designations for properties upon receipt and approval of a proper
application to the TCEQ; and
WHEREAS, the Texas legislature, in enacting the MSD legislation, found that an action
by a municipality to restrict access to or the use of groundwater in support of or to facilitate a
municipal setting designation advances a substantial and legitimate State interest; and
WHEREAS, as a part of the application process for a municipal setting designation, an
applicant is required to provide documentation that the property for which designation is sought
is subject to a resolution that prohibits the use of designated groundwater from beneath the
property as potable water and that appropriately restricts other uses of and contact with that
groundwater; and
WHEREAS, due to limited quantity and low quality, there are areas of shallow
groundwater within the City and its extraterritorial jurisdiction that aze not valuable as potable
water sources and therefore are not utilized for potable water; and
WHEREAS, some commercial and industrial properties within Denton and its
extraterritorial jurisdiction are underlain with unusable groundwater that has become
contaminated by historical on-site or off-site sources; and
WHEREAS, the potable use of groundwater in designated azeas should be prohibited to
protect public health and welfare when the quality of the groundwater presents an actual or
potential threat to public health; and
WHEREAS, the use of a Municipal Setting Designation allows for aState-evaluated
corrective action process for groundwater that is directed towards the protection of human health
and the environment; and
WHEREAS, Standridge Companies (hereinafter "Applicant") intends to submit an
application to the TCEQ for certification of a Municipal Setting Designation for the property
located at the southwest corner of Interstate 35 and U.S. Highway 380, the legal description of
which is set forth in Exhibit "A", attached hereto and made a part hereof (the "MSD Property"),
said property being located within the city limits of the City of Denton; and
WHEREAS, the Applicant has certified to the City of Denton that:
1. the purpose of the application is to assist the Applicant in obtaining from
the TCEQ the documents demonstrating the TCEQ's determination, after
completion of any remedial requirements and appropriate review by the
TCEQ, that no further environmental cleanup or restoration is required by
the TCEQ with respect to the MSD property ("TCEQ closure
documentation"); and
2. as a part of the application, the Applicant has or will submit to the TCEQ a
statement regarding the type of known contamination in the groundwater
beneath the MSD property and has identified that shallow groundwater
less than 50 feet below ground surface) contains chemicals of concern
above Tier 1 groundwater ingestion protective concentration levels, as set
forth in 30 Texas Administrative Code, Chapter 350 (the "Texas Risk
Reduction Program"); and
WHEREAS, the Applicant has continuing obligations to satisfy Section 361.808 of the
MSD legislation and applicable TCEQ regulations concerning groundwater contamination
investigations and response actions; and
WHEREAS, the Applicant desires to secure a Municipal Setting Designation for the
MSD property, as well as TCEQ closure documentation, and has requested the City of Denton to
facilitate said objectives through passage of this resolution, pertaining to deed restrictions
prohibiting the use of designated groundwater from beneath the MSD Property; and
WHEREAS, the City Council of the City of Denton is of the opinion that it is in the best
interest of the public and the City to facilitate the Applicants efforts to secure a Municipal
Setting Designation and TCEQ closure documentation from the TCEQ by passage of this
Resolution; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City Council finds that the findings, statements, and policy
determinations set forth in the preamble of this Resolution are true and correct and are
incorporated herein.
SECTION 2. The City Council finds that it is in the best interests of public health,
safety and welfare to facilitate and support the TCEQ's certification of a municipal setting
designation for the MSD Property, as well as the TCEQ closure documentation.
SECTION 3. To facilitate the TCEQ's certification of a municipal setting designation
for the MSD Property and the issuance of closure documentation by the TCEQ, the Applicant
shall execute, deliver and file, no later than fifteen (15) days from the date of the TCEQ's
certification, in the official records of Denton County, Texas, a deed restriction approved as to
Page 2
form by the City Attorney prohibiting the drilling of wells and the use of designated groundwater
for any purpose, including but not limited to any potable purpose, and excepting only: (i) wells
used as monitoring wells for the collection of groundwater samples for chemical or biological
laboratory analyses; and (ii) wells used for the purposes of remediation of soil or groundwater
contamination.
SECTION 4. A file stamped copy of said deed restriction shall be delivered to the City
Attorney's office and the Director of Planning's office of the City of Denton within three
business days after the date of filing. The deed restriction shall be enforceable by the City of
Denton and may be amended or terminated only with the prior written consent of the City of
Denton after at least 30 days prior written notice to the TCEQ of any pending amendment or
termination.
SECTION 5. Failure to execute, record, and deliver the deed restriction in accordance
with this resolution within the time limits set forth herein shall render this resolution null and
void, and of no further force or effect.
SECTION 6. The applicant shall submit, upon receipt of the municipal setting
designation certification from the TCEQ for the MSD property, a true and correct copy of the
deed restriction to the Manager of the Division of Environmental Quality. The Applicant shall
also submit, upon receipt of TCEQ closure documentation from the TCEQ for the MSD
Property, a true and correct copy of such documentation to the Manager of the Division of
Environmental Quality and the City Secretary's office.
SECTION 7. Failure of the Applicant to diligently pursue and obtain from the TCEQ:
i) a municipal setting designation certificate for the MSD property; and (ii) TCEQ closure
documentation for the MSD Property, shall render this Resolution voidable by the City Council
following 30 day's written notice to the TCEQ and the Applicant.
SECTION 8. This Resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED this the ~ day of %//~/,~~f'/~jf ~ , 2007.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
AS
EDWIN M. Sh'-ILPSER, CIT7~/ATTORNEY
BY:
YOR
Page 3
Exhibit A
Traet i
DESCRIPTION OF PROPERTY SURVEYED
SITUATED in the City of Denton, Denton County, Texas, and being a fract of land in the B.B.B. & C. R.R.
COMPANY SURVEY, Absfract No. 192, and being a portion of that certain tract described.ih deeds to
Rayzor Investments, Ltd. recorded in Volume 5340, Page 2278 (43.02%i, andVolume 5340, Page 2283
56.98%(, of the Denton County Deed Records, and~said portion described more fully as follows:
BEGINNING at the northeast comer of Lot 1, Block 3, Commerce Center, as shown on plat thereof
recorded in Cabinet E, Slide 152, of the Denton County Plat Records, in a westerly Ilse of Interstate
Highway 35 (vgriable width right-of-way at this point), and from which point a 5/8" iron rod found in
place bears South 72 degrees West, 4.60 feet;
THENCE South 68 degrees, OOminutes, OS seconds West with the northerly line of said Commerce Center,
at 400:26 feet passing a'/~" iron rod found in place for the northwest comer of said Commerce Center
and continuing across said Rayzor Investments fract, in all 587.60 feet to a point the easterlyline of the
Kansas City Southern Railway(formerGulf, Colorado, and Santa Fe Railroad(tight-of-way (150 feet w(de
at this point) for the westerly line of said Rayzor Investments fract, from which point a'/s" iron rod found
in place bears South 38 degrees West, 2.17 feet;
THENCE North 22 degrees, Ol minute, 20 seconds West with said easterly line of railway rightof-way. for
the westerly lines of said Rayzor Investments fracts, 829.07 feet fo a point in the southerly line of a certain
portion of said Rayzor Investment fract currently pending conveyance to the State of Texas for
widening U. S. Highway 380, for corner, from which point a "Texas Department of Transportation"
capped 5/8" iron rod bears South 65 degrees West, 0.48 foot;
THENCE easterly with said southerly line of State of Texas pending tract, crossing said Rayzor Investments
tract, the following courses and distances:
North 64 degrees, 58 minutes, 35 seconds East, 88.28 feet to a "Texas Department of
Transportation" capped 5/8" iron rod found in place;
South 88 degrees, 04 minutes, 15 seconds Easi. 142.63 feet to a 5/8" iron rod found in
place;
South 71 degrees, 41 minutes. 15 seconds East, 163.31 feet to a "Texas Department of
Transportation" capped 5/8" iron rod found in place; and,
South 45 degrees, 25 minutes, 20 seconds East, 304.95 feet to a "Texas Department of
Transportatioh" capped 5/8" iron rod found in place in the westerly line of Interstate
Highway 35 and the easterly line of sold Rayzor Investments tract for the southeasterly
comer of said pending State of Texas fract;
THENCE South 41 degrees, 30 minutes, 40 seconds East with said westerly line of Interstate Highway 35
and easterly line of Rayzor Investments tract, 361.15 feet to an angle point in said westerly and easterly
lines, at a point depicted in Texas Department of Transportation maps as being 200 feet from I-35
centerline station 718+00, from which point a Texas Department of Transportation cap found in a wood
guard post. bears North 24 degrees East, 0.20 foot; '
THENCE South 25 degrees, 28 minutes, 45 seconds East, continuing with sa(d westerly line of Interstate
Highway 35 and easterly line of Rayzor Investments pact, 50.09 feet to the PLACE OF BEGINNING, and
cohtaining$.2424 acres (359,040 square feeTJ.
This description prepared to accompany a survey map of the described orooertv.
The base bearing for this description is Texas Department of TransoortaUon's fTxDOTI bearing for the next
course souiherN alone I-35 6om the southeasterly turner of the described properly of South 16 degrees
Ol minute East