HomeMy WebLinkAboutRes 2017-02-286 Risk Reduction Program Restrictive Covenant CITY OF ANNA, TEXAS
RESOLUTION NO. ,,
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER
TO EXECUTE A TEXAS RISK REDUCTION PROGRAM RESTRICTIVE COVENANT FOR
A 0.792 ACRE TRACT OF LAND LOCATED ON S. POWELL PARKWAY
WHEREAS, the City of Anna, Texas (the "City") owns a certain parcel or parcels of land
located on State Highway 5 (Powell Parkway) commonly referred to as the Anna Grain
property (the "Property); and
WHEREAS, an environmental survey of the Anna Grain site found elevated levels of arsenic
in the soil in the suspected area of a former cotton gin; and
WHEREAS, the levels or arsenic exceeded the EPA standard for residential use, they do not
exceed the standard for commercial use; and
WHERAS, based on the recommendations of our environmental engineer, the City submitted
a Response Action Plan to the TCEQ that included a proposal to deed restrict the affected
property for commercial uses; and
WHEREAS, on February 16, 2017 the TCEQ issued a letter approving the City's Response
Action Plan to deed restrict the portion of the Property that is affected by elevated levels of
arsenic.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Restrictive Covenant
The City Council hereby approves the Texas Risk Reduction Program Restrictive Covenant
attached hereto as Exhibit 1, and ratifies and approves the City Manager's execution of the
same. The City Manager is hereby authorized to execute all documents and to take all
other actions necessary to carry out the Response Action Plan for the Property dated July
18, 2016.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 28th day
of February, 2017.
OF
ATTEST: X OR -
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Carrie L. Smith, City Secretary Vqyor.-, Mike Crist
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Resolution
EXHIBIT I
Texas Risk Reduction Program
Restrictive Covenant
STATE DFTEXAS
COUNTY OFCOLL|N
This Restrictive Covenant is filed to provide information concerning certain environmental
conditions and use limitations pursuant to the Texas Commission on Environmental Quality
(TCEQ) Texas Risk Reduction Program Rule (TRRP) found at 30 Texas Administrative Code (TAC),
Chapter 350, and affects the real property (Property) described as follows:
The Institutional Control Area as referenced in the attached Exhibit Ais incorporated
herein by reference. The proposed restriction applies to Institutional Control Area.
Portions of the soils of the Property contain certain identified chemicals of concern causing
those portions of the Property to be considered an Affected Property as that term is defined in
the TRRP. The property referenced in Exhibit A is formally defined as the Affected Property.
The compound identified in soil that exceeds Residential Critical Protective
Concentration Levels isarsenic.
This Restrictive Covenant isrequired for the following reasons:
The Affected Property currently meets TRRP standards for commercial/industrial use.
Based on the reports, the chemicals of concern pose no significant present or future risk
to humans o/ the environment based on commercial/industrial land use. No further
remediation of the Affected Property is required by the TCE(} es long as the Affected
Property is not to be used for residential purposes as the property may not be
protective for residential use. If any person desires in the future to use the Affected
Property for residential purposes, the TCEQ must be notified at least 60 days in advance
of such use and additional response actions may be necessary before the property may
be used for residential purposes. Persons contemplating a change in land use for the
Affected Property are encouraged to review the definitions for commercial/industrial
and residential land use contained in TRRP as the definition of residential land use is
� broad.
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As of the date of this Restrictive Covenant, the record owner of fee title to the Property is City
of Anna with an address of 111 North Powell Parkway, Anna,Texas 75409.
In consideration of the Response Actions by City of Anna, approval of the Response Action
Completion Report, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Owner has agreed to place the following restrictions on the
Property in favor of the TCEQ and the State of Texas, to-wit:
1. The Property shall not be used for any purposes other than commercial/industrial
uses, as defined in 30 Texas Administrative Code, Chapter 350, Section 350.4(a)(13).
2. These restrictions shall be a covenant running with the land.
For additional information contact:
TCEQ Mail: TCEQ-MC 199
Central Records P.O. Box 13087
12100 Park 35 Circle, Building E Austin,Texas 78711-3087
Austin, Texas 78753
TCEQ Program and Identifier No.:T2431
This Restrictive Covenant may be rendered of no further force or effect only with the written
approval and consent of the TCEQ or its successor agencies and filed in the same Real Property
Records as those in which this Restrictive Covenant is filed.
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EXHIBIT A
PROPERTY INFORMATION AND "AFFECTED PROPERTV�
EXHIBIT "A"
LEGAL DESCRIPTION
INSTITUTIONAL CONTROL AREA
BEING 0.792 acre of land located in the HENRY BRANTLEY SURVEY, Abstract No. 71, City of
Anna, Collin County, Texas, and being a portion of the tract of land conveyed to Chris
Cashdollar and wife Jacque Cashdollar, by the deed recorded in County Clerk's File No.
20091020001289220, of the Deed Records of Collin County, Texas, and a portion of the tract of
land conveyed to the City of Anna, by the deed recorded in Volume 4868, Page 6683, of the
Deed Records of Collin County, Texas. Said 0.792 acre of land being more particularly
described by metes and bounds as follows:
BEGINNING at a point in the West boundary line of said Cashdollar Tract, lying in the East
right-of-way line of Powell Street or State Highway No. 5 (an 80 foot wide public right-of-way),
and being located S 030 44' 16" W 117.56 feet, from the Northwest corner of said Cashdollar
Tract;
THENCE S 880 13' 27" E 226.56 feet, to a point;
THENCE S 01° 07' 59"W 150.03 feet, to a point;
THENCE N 880 13' 27"W at 74.02 crossing the East boundary line of said City of
Anna Tract, and continuing in all 233.39 feet, to a point in the East right-of-way line of said
State Highway No. 5;
THENCE N 030 44' 16" E along the East right-of-way line of said State Highway No.
5 and the West boundary line of Cashdollar Tract, at 20.0 feet, passing the North boundary
line of said City of Anna Tract, and in all 150.11 feet, to the POINT OF BEGINNING,
containing approximately 0.792 acre of land.
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This document wasp repared under 22 TAC 663.21, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except
those rights and interest implied or established by the creation or reconfiguration of the
boundary of the political subdivision for which it was prepared.
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PS Form 3811,February 2004 Domestic Return Receipt 1o25g5-02-M-1540
Bryan W.Shaw,Ph.D.,P.E.,Chairman
Toby Baker,Commissioner "
Jon Niermann,Commissioner
Richard A.Hyde,P.B.,Executive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollulion
February 16, 2017
Mr. Philip Sanders
City Manager
City of Anna
111 N. Powell Parkway
Anna, Texas 75409
Re: Approval of Remedy Standard A- Commercial/Industrial
Response to Comments, dated October 25, 2016
Anna Grain Property, 211 W. 5`h Street, Anna, Texas;
TCEQ Facility ID No. T3285; Customer No. CN600737134; Regulated Entity No.
RN109250738
Dear Mr. Sanders:
The Texas Commission on Environmental Quality(TCEQ)has reviewed the above referenced
submittal, dated October 25, 2016. The document is submitted in response to the September
14, 2016 TCEQ letter regarding the Affected Property Assessment Report(APAR)dated May 31,
2016 and Response Action Plan(RAP)dated July 18, 2016. The Response to Comments provided
additional sampling data to complete delineation of the residential protective concentration
level(PCL) exceedance zone for arsenic in soils in the suspected area of the former cotton gin, a
legal description to serve as attachment to the deed notice proposed in the RAP dated July 18,
2016, and documentation of the plugging and abandonment of the on-site cistern/well.The
TCEQ concurs that the shallow groundwater unit at the site is appropriately classified as a
Class 3 groundwater resource.
Based on the TCEQ review of the Response to Comments as well as the APAR, Texas Risk
Reduction Program(TRRP) Remedy Standard A Commercial/Industrial PCLs have been achieved
such that no post-response action care is required. However, proof of institutional controls
under TRRP is required. In order to attain Remedy Standard A- Commercial/Industrial under
TRRP, all industrial solid waste and municipal hazardous waste and waste residues must be
removed or decontaminated from affected media (i.e., soil, surface water, groundwater, air) to
applicable human health and ecological based standards and criteria as specified in 30 TAC
§350.32.
The RAP contained a document that is proposed to fulfill the requirements of 30 TAC §350.111
relating to institutional controls. As specified in §350.111, please submit proof of filing of the
institutional control(s)to the TCEQ within ninety(90)days from the date of this letter.
Please be aware that it is the continuing obligation of persons associated with a site to ensure
that municipal hazardous waste and industrial solid waste are managed in a manner which
does not cause the discharge or imminent threat of discharge of waste into or adjacent to
waters in the state, a nuisance, or the endangerment of the public health and welfare as
required by 30 TAC §335.4. If the response actions described in the RAP fail to comply with
these requirements, please take any necessary and authorized action to correct such
P.O.Box 13087 e Austin,Texas 78711-3087 • 512-239-1000 . tceq.texas.gov
How is our customer service? tceq.texas.gov/custornersurvey
printed on recycled paper using vegetable-based ink
Mr. Philip Sanders
Page 2
February 16, 2017
TCEQ Facility ID No. T3285
conditions. A TCEQ field inspector may conduct qui inspection of your site to determine
compliance with the RAP.
Questions concerning this letter should be directed to me at (512) 239-2961. When responding
by mail, please submit an original and one copy of all correspondence and reports to the TCEQ
Remediation Division at Mail Code MC-127 with an additional copy submitted to the local TCEQ
Region Office. The information in the reference block should be included in all submittals.
Sincerely,
R. Stuart Goldsmith, Project Manager
Team 1,VCP-CA Section
Remediation Division
Texas Commission on Environmental Quality
RSG/mdh
cc: Mr. Sam Barrett, Waste Section Manager, TCEQ Region 4 Office,Dallas/Fort Wort