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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 - V1 VED7VE/D Izz Carrie L. Smith, City Secretary Vqyor.-, Mike Crist -A - 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. � � 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. i I i i t 'E t t 2 I E Cs P 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. i i 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. i I i P.� STEgFo 9 ..*......................... KRYSTIAN GOLEBIEWSKI ..Y..... ......z.. 6400 N £SS% O� y D•SF AUGUST 17, 2016 t f t C- i G:\2016\LEGALS\M-GEO ANNA OR TOWN-MSD.doc ILor 1 COPYRIGHTS:i INDEPENDENT BANK ADDITION � b 13RITTAIN & CRAWFORD NV y I LAND SURVEYING & CAB. P, PG. 209 P.R.C.C.T. w ; TOPOGRAPHIC MAPPING oFIRM CERTIFICATION# 1019000 HENT Y LEY SURVEY x 1-- TEL (817) 926-0211 - FAX (817) 926-9347 77��pp��1 2 BLOCK' 4 P.O. BOX 11374 ' 3908 SOUTH FREEWAY It�DS 1 CT No / 1 ay04 FORT WORTH, TEXAS 76110 • wI EMAIL: admin®brilfain-crawford.com C) i WEBSITE: www.briftain-crawford.com LOT 2 LOT 3 LOT 4 Z 15 16 2 X. 140; 5TH STREET II 80' RIGHT-OF-WAY Q INW CORNER OF 0 CASHDOLLAR 0.792 ACRE OF LA D 5 E°+ POINT OF INSTITUTIONAL CONTROL AREA N BEGINNI G J"� 4 Z z w S 88°13'27"E W.mo.r..........o I 226.56 N C, Y Z x ' E-vi o ti 3 ^ o MOST WESTERLY G"1 b�tl� Qp't F-o N 2 m �O M SW CORNER OF O O 0 4p Q GG' z z ::D CA TRACTOR O °i GPO Q Q.... .............a.. O I W I O o N 88013'279'W '-' ' a ' 2 .03' 233.39' 4.02' I 0 PNN 66x3 FORMER 6TH ST. C�pSHDOLLAR & 80' R.O.W. 8$CCS' JACCHRIQUEACASHDOLLAR REA OF OWNERSHIP I I `1O�' OR' CC# 20091020001289220............-......... . IN QUESTION ,-� D.R.C.C.T. 5 W J� ',}y I PC1C\P 7 6 E i 01 I oo O Ljj 4 BLOCK 2 I.J.. 3 i V1 w JOINER CONSTRUCTION COMPANY, INCiz� J 2 11.4 VOL. 1952, PG. 538 a e` NN?. � O�// o VOL. DI.R.0 C.TO. (984)4 pR`G�NPL�pwN 1 LL I o co I— I --woi-- z 7TH STREET fl I I 80' RIGHT-OF-WAY OF U �............Tc -- -- -- ----- `Pr�O\STERE`°• - -- ------'-- I J Al KRYSTIAN.GOLEBIE{..SKI EXHIBIT MAP OF: ...........,..>..........<.... z R 6400 Pte? O x °Fess\off o� 0.792 ACRE 09tia suR��� z INSTITUTIONAL CONTROL L- AVG �z�o s AREA LOCATED IN BEARING BASE: HENRY BRANTLEY SURVEY, 0 120 0 NAD 83!TX83—NCF ABSTRACT No. 71, CITY OF ANNA, z c LE Izo COLLIN COUNTY, TEXAS DIR:GAKRYSTIAN\PROJECTS\MODERN GEO\ANNA-5TH ST MSD P 1: Us'Pos''I'AGE $ 07.71 7013 1090 0002 2091 9659 CU),ss ......................................... mrrw 75409 032A 0061822371 1A.0 Signature 0 Complete Items 1,2,and 3.Also complete 0 Agent item 4 if Restricted Delivery is desired. X 0 Addressee TEXAS M Print your name and address on the reverser C. Date of Delivery )X 776 so that we can return the card to you. B. Received by(printed Name) -0776 N Attach this card to the back of the mailpiece, 9 or on the front if space permits. D. is-delivery address different from item 17 ®Yes 1. Article Addressed to: If YES,enter delivery address below: 17*71 No 3o7O 3. Service Type Certified Mail 13 Express Mail •Registered J6 Return Receipt for Merchandise •insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2 Article Number 73 1090 0002 2091 9659 (Transfer from servIce tabeL,--, 01 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