The URL can be used to link to this page

Home My WebLink About2009-262sAour documents\ordinances\09\notice of site ordinance.doc ORDINANCE NO. AN ORDINANCE APPROVING A NOTICE OF SITE RESTRICTION ("NOTICE") UPON A 13.12 ACRE TRACT LOCATED AT 1701 SPENCER ROAD AND BEING WITHIN A PORTION OF LOT 2, BLOCK 2, MUNICIPAL UTILITY ADDITION, AN ADDITION TO THE CITY OF DENTON, RECORDED AS A PLAT UNDER DOCUMENT NUMBER 2009- 139, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the real property subject to the Notice was, prior to replat recorded in July of 2009, located within Lot 1, Block 2 of the Municipal Utility Addition, as shown by plat thereof recorded in Cabinet G, Page 346, Plat Records, Denton County, Texas; and WHEREAS, by plat recorded in July of 2009, and recorded under Document No. -2009- 139, Real Property Records, Denton County, Texas, the real property subject to the Notice is now located within Lot 2, Block 2 of the Municipal Utility Addition; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute a Notice of Site, substantially in the form of the Notice of Site which is attached to and made a part of this ordinance for all purposes. SECTION 2. The City Manager, or his designee, is authorized to record the Notice of Site in the Real Property Records of Denton County, Texas. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. !!// PASSED AND APPROVED this the Z�G day of , 2009. MARKk-13OU6L18, MAYOR �r ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Page S:`Dur D=ma %Ordinmccs`0MoticcofSire Ordinmce.dm s:\our documents\contracts\09\notice of site(2).doc STATE OF TEXAS § COUNTY OF DENTON § NOTICE OF SITE KNOW ALL MEN BY THESE PRESENTS THAT: Pursuant to the rules and/or requirements of the Texas Commission on Environmental Quality ("TCEQ"), this document is hereby filed in the Real Property Records of Denton County, Texas, in compliance with the said requirements of the TCEQ: I. This notice pertains to the tract of land (hereinafter, the "Property") described within Exhibit "A", attached hereto, and depicted on the survey plat attached hereto as Exhibit `B", each incorporated herein as if set forth at length. The Property is located at 1701 Spencer Road, Denton, Texas (Denton County, Texas). The Property is the location of an electrical service maintenance and storage facility wherein a leak or release of polychlorinated biphenyls (PCB's) into the soil occurred. A remedial action was performed to meet applicable regulatory limits under the Texas Risk Reduction Program (30 TAC 350) and residual soil affected by PCB's remains at the Property at concentrations below the regulatory limit for a commercial/industrial use. The approximate area affected is 3100 square feet to a maximum depth of four (4) feet. Exhibit "C" indicates the area of the property affected and Exhibit "D" indicates the exact location, along with the remaining concentrations of PCBs in the affected soil. Notwithstanding such residual soil impacts, the TCEQ has determined that no additional remediation of the Property is required as of the date of this filing, subject to the provisions of Paragraph II below regarding the use of the Property. II. PCB's have been remediated to cleanup levels established for the Property that were based on current and future use of the site for commercial/industrial purposes in accordance with Section 350.31(g) of Title 30 of the Texas Administrative Code, relating to General Requirements For Remedy Standards. Without limitation of any other permissible uses, the use of the Property is suitable for commercial/industrial purposes. The corrective action plan does not require continued control, except as follows: if any person desires to use the Property for residential purposes as defined by 30 TAC 350.4 (a)(74), they must first notify the TCEQ at least 60 days in advance of such use and that additional response actions may be necessary. The current owner and operator of the Property and/or any facility thereon is the City of Denton, Texas, whose address is 215 E. McKinney, Denton, Texas 76201, where more specific information relating to the Property may be obtained. sAour documents\contracts\09\notice of site(2).doc IV. This deed notice is not a representation or warranty by the TCEQ as to the suitability of the Property for any particular use or purpose, nor does it constitute any guarantee that the remediation standards specified in this deed notice have been met by the City of Denton. The Property has been remediated as provided in this deed notice by the City of Denton under the Texas Risk Reduction Program and the regulations promulgated pursuant thereto (30 Tex. Admin. Code 350.1, et seq.). Further information concerning this matter may be found in the TCEQ SWR No. 31724 file which is available for inspection upon request at the TCEQ Central Records Office, 12100 Park 35 Circle, Building E, Austin, Texas. EXECUTED this the l day of�2009. J. GEORGE C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ' u . • " APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ��-f sAour documents\contracts\09\notice of site(2).doc STATE OF TEXAS § COUNTY OF DENTON This instrument was acknowledged before me on Cj(x: r-,� -�1 :T 2009, by George C. Campbell, City Manager of the City of Denton, Texas. _ JENNIFER K. WALTERS Notary Public. State of Texas a;. My Commission Expires December 19, 2010 Ndt y Publi and for the State of Texas My Commission Expires: Typed or printed name of Notary: Oil 1,44- Exhibit A (Page t of 2) Coleman &. Assoc. Land Surveying P.O. *Box 686 Dcnton, Tes:i,s 76202 P11011e (9410)565)-8215 Fax (940)565 9800 13.12 Acres Deed Restriction Tract All of that certain tract of land situated in the Mary Austin Survey Abstract Number 4 Denton County, Texas and being a part of Lot 1, Block 2 of the Municipal Utility Addition as shown by the plat thereof recorded in Cabinet G, Page 346 of the Plat Records of Denton County, Texas; the subject tract being more particularly described by metes and bounds as follows: BEGINNING for the Southwest comer of the tract being described herein at a cut "X" found at the Southwest corner of said Lot 1 on the North right-of-way of Spencer Road as shown on the Plat of the said Municipal Utility Addition at the Southeast corner of the Spencer Road Addition as shown by the plat thereof recorded in Cabinet V, Page 616 of the said Plat Records; THENCE North 06 Degrees 42 Minutes 29 Seconds East with the common line between the Municipal Utility Addition and the. Spencer Road Addition a distance of 949.6 feet to a % inch iron rod found at the Northeast comer thereof; THENCE South 89 Degrees 31 Minutes 31 Seconds East with the North line of Lot 1, Block 2 of the INlunicipal Utility Addition a distance of 515.7 feet more or less; THENCE South 00 Degrees 36 Minutes 05 Seconds West across Lot I passing at a distance of 820.8 feet a and continuing on the same course a total distance of 977.4 feet to the North line of a 50 foot Ingress and Egress Easement from The City of Denton to the Spencer Station Gathering Company L.P. recorded in Volume 4870, Page 1330 of the Real Property Records of Denton County, Texas; THENCE South 87 Degrees 30 Minutes 14 Seconds West with the North line of the said 50 foot Ingress and Egress Easement a distance of 257.8 feet to an angle point therein; THENCE South 71 Degrees 06 Minutes 35 Seconds West, continuing with the North line of the 50 foot Ingress and Egress Easement a distance of 223.9 feet to the South line of Lot 1 on the North right-of-way of Spencer Road; THENCE North 50 Degrees 14 Minutes 28 Seconds We with// he South line of Lot 1 along the North right-of-way of Spencer Road a distance of 191.2 feet to fhe PLACE OF BEGINNING and enclosing 13.12 acres of land / 4-23-09 �osd'aao 0o c ...•! el..eeoe ... i3 F V •�^'�auszFSo loo Exhibit A (Page 2 of 2) user Name: Chris Frazier Project: 1444- DME Annexation Create Mapcheck Reports ------------------------- Lot Name: Lot Description: Lot ID: Lot Owner: Lot Area (Square Feet): Lot Area (Acres): Lot Perimeter: Parent Name: Parent Description: Parent Area (Square Feet) Parent Area (Acres): Percent of Parent: Closing Direction: Closing Distance: New Text Document.txt Date: 04-23-09 Time: 16:22:04 Page: 1 ---------------------------------------------- Deed Rest tract Revised 4-23-09 Description none none 571469.3281 13.1191 3115.4776 0.0000 0.0000 0.0000 N85°48'24"w 0.0076 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 7121701.4279 2393968.9086 N06°42'29"E 949.55 7122644.4775 2394079.8259 S89°31'31"E 515.68 7122640.2049 2394595.4882 S00'36'05"w 977.40 7121662.8587 2394585.2294 S87°30'14"W 257.76 7121651.6329 23'94327.7139 S71'06'35"tv 223.88 7121579.1502 2394115.8921 N50'14'28"w 191.19 End 7121701.4273 2393968.9161 Error of Closure 1 : 411607 Departure in Y (Northing): 0.0006 Departure in x (Fasting): -0.0075 Exhibit B (REMAINDER) I F..WK CROCKETT & TOM FOUTS 30' ROAD DEDICATION TO ALEX VICKIE TO DENTON TEC CENTER, INC. COUNTY OF DEIITO14 VOL. 2124, P. 775 V. 407/P.472 S 89-31'31" E 515.7' 60' P.U.E. - - OG N� I I LOT i, BLOCK A. I SPENCER ROAD ADDDITION CAB. V. P. 616 P.R.D.C.T. ) I <n c r I.e v �a 0) W j La ) 13.12 ACRES a N W R (0 O f Z CALLED 20.00 AC. I LOT 2, BLOCK 1, RESEARCH ADDITION CAB. 0, P. 130 (REMAINDER) LOT 1. BLOCK 2 MUNICIPAL UTILITY ADDITION CAB. G. PAGE 346 P.R.D.C.T. LOT 2 4 47.578 ACRES S 89'30'13"E 748.82' 1 �``Ooo�2Jo --Ir---------- 0 I I IRF CM N ]I ND I I I CITM 3 3 94 P.O.B o `try ^ w S `o. 6'55 87'30' 1 4" 257.8' W EXISTING 16' U.E. �'� VOL 4870. P. 1330 0343494 �•2Z3 9' o J L_ z — Cµ PkF - 50NGRM/EGRESS L'iA CV w 89'53'25" W 48.85' 16' P.V.E.S wZ N 200 EASEMENT �C ^(A co -,,I( Q I elf)y I ,Q N0 N aN LOT 3 �— J U 0 100 400 09O 17f743 ACRES LEGEND CM ................................. CONTROLLING MONUMENT FCP....................................... FENCE CORNER POST IRF................................................ IRON ROD FOUND b IRS ..................................................... IRON ROD SET 12 P.U.E .............................. PUBLIC UTILITY EASEMENT PROPERTY LINE 13.12 ACRES DEED RESTRICTION TRACT 13.12 ACRES IN THE M. AUSTIN SURVEY A-4 CITY OF DENTON DENTON COUNTY, TEXAS x DRAWN: CF JOB #: 1444 CHECKED: YIGD DATE: 2-12-09 REVISED: 4-23-09 SCALE: 1" = 400' Coleman & Associates Land Surveying P.O. BOX 686 DENTON, TEXAS 76202 PH(940)565-8215,FAX (940)565-9800, W W W.COLENIANSURVEYING.COM 0 2009 COLENMN d ASSOC. SURVEYING C3 co § � ; ( C3 & y. 5 6 i EE _ § 6o e; e f A� —r qlf� $ } |I r { ;r;=»»!! \l7:z;N7 e ; � !k ! \|I a A ; :&k&k ()) k&k ■'` � k)( e. 99i kd\ ■fie )kk &ii k&i |§ �)k .de •® f!± d° id l7777 •®/27*j2® j99 §7 |§!§/ _,-„ .6Sd6 .:!¥7r °¥#Tog +7!!!e® §k» 8 } ■ 2 � 2 -