Loading...
Res 084-2019 MSD for 2400 Burkburnett Rd 9/3/2019Resolution No. 84-2019 Resolution in Support of the Application of Wichita Falls Chamber of Commerce & Industry to the Texas Commission on Environmental Quality (TCEQ) for a Municipal Setting Designation (MSD) at 2400 Burkburnett Road, Wichita Falls, Texas WHEREAS, Chapter 361, Subchapter W, of the Texas Solid Waste Disposal Act authorizes the Texas Commission on Environmental Quality (TCEQ) to certify Municipal Setting Designations for properties upon receipt and approval of a properly submitted application to TCEQ; and WHEREAS, as a part of the application to TCEQ for a Municipal Setting Designation, the applicant is required to provide documentation that the application is supported by: (1) the city council of the municipality in which the Site is located, (2) the city council of each municipality with a boundary located not more than one-half mile from the Site, (3) the city council of each municipality that owns or operates a groundwater supply well located not more than five miles from the Site, and (4) the governing body of each retail public utility, as defined by section 13.002, Texas Water Code, that owns or operates a groundwater supply well located not more than five miles from the Site; and WHEREAS, Wichita Falls Chamber of Commerce & Industry (Applicant) has filed an application with the City of Wichita Falls, Texas, for the City's support of a Municipal Setting Designation for the property located at 2400 Burkburnett Road, Wichita Falls, Texas, which is more fully described in the metes and bounds description attached hereto as Exhibit "A" (Site); and WHEREAS, the City of Wichita Falls owns and operates a public drinking water system supplied entirely through the City of Wichita Falls surface water treatment plants, and currently does not use or operate groundwater wells for the supply of public drinking water; and WHEREAS, following the adoption of resolutions by the City of Wichita Falls, Applicant will submit to TCEQ an application for certification of a Municipal Setting Designation for the Site pursuant to Texas Health and Safety Code, Chapter 361, Subchapter W; and WHEREAS, the City of Wichita Falls Approved Applicant's application and adopted a Municipal Setting Designation ordinance for the MSD Site on September 3, 2019; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The City of Wichita Falls recognizes the need for and supports the Applicant's application to TCEQ for the certification of a Municipal Setting Designation for the Site. PASSED AND APPROVED this, the 3rd day of September, 2019 ATTEST: City Clerk Exhibit A: Site and Legal Description ,y w�"64 TEXOMA LAND SURVEYING 870 South Wl Road luwa Park, Twins 76367 (0) 691-9711 Decamber 30, 2D 5 FIELD NOTES F1K0 NOTES OF 31_01 ACMES BEING ALL OF SLOCK4 AND BLOCX 5, UNIT TWO, ARROWHEAD INDUSTRLAL DISTRICT, ANO KNOWN A 2400 BURKBURNETT ROAD, 'WIC HITA FALLS, WICHITA COUNTY. TEXAS AND DESCRIBED AS FLLW: BE INNING et a 318 inch iron rp�d found W the Wrthwe3i oomer of Block 4, Unit Two. Arrowhead Ind usidal D isthct, as shown on the plat of record in V'otu m e 21, pages 21-22, Wichite, County Flat Records, a fire hydrant on the East lire of the Oda Sunk Road bears on W Neat from this ircrr rod-, THENCE N 7 * G1' E 2W. 66 feei to a two ino pipe for a comer, a throe inch pipe fance rrner bears North nine tenths of a tGot and East three tenths of a foot; THENCE N 17 57' W 2D1,42 bet to a three inch pipe fence corner post for a mcr THENCE N 71' 5T E 82e.7e feet (824.07 Met reoard) to €i M inch iron rod found orx ti-e Vest link of Surk urnett Road (State H�gltnnay 240), a three inch pipe fence corner post ,bears South seventy one gees fifty one minu s West seven tenths of a fact; THENCE S 23' 30' 24" F 1114-04 feet adeng ft Vvest diva of the Surbumed Read to an iron prod set at tt innir-g of a cures to thn right, a der pole Wr h an alumink-r, tag merked 7980 bears South tOirty degrees Fast -eighteen point four feet; THENCE in a Southeasterly direction with the curve to the right having an Are Length of 290.66 feet, a Radius ct 2666.71 fact, a Central Angle of 5' 14' 4 ", the Chord bears S C 3' E 290.52 feet to a i inch iron rod set for the Sou1lbeast corner of Bkx.* 5, Unit Two, Anvwtmd tntilustrlal Dlstri:ct, as shaven on the Plat of rewrd in 'Volume 27, Pages 326-3 71 Wchfi�C<wty Plat Records, THENCE N 89` 45' 11U 1310.2t} feet (I317.96 #$st r rd) along the Swth line of Black 5 to a % inch iron rod found on d* East lire of the Old Bork Road for the Southwest c armr of this tract; THENCE N 1W 05 W sibrigthe East line of the Old Burk Road at 264.1 feet pass a three inch p" fanm ar pW, in ail a total distance of 785.36 f # to the Pi aoe cf Beginning and COMOWN 31.01 Roes of fend. The bearings in mew Feld erp are Gdd firm Saar rations. FIELD NOTE, OF 1_11 ACMES OUT OF THEM, CARM JAL SURVEY, AB TRACT 44, WIC HfTA COUNTY, TEXAS AN DESCRIBED A FOLLOWS: BEGINNING at a irk iron rod lowd on the West fine of the Old Bum Fib, said Iron rod terra 8 16` 05' E 915.49 feet to the intersection of the Ncxth line of FWasant Veiw Rced and the Wit line of the Old Burk Road, alp a 3;8 inoh iron rod at The Nodhwest comer of Slock 4, Unit Two, Ar vwrhead IndL�strial DiSlA t beers N 18' DS' W 335,671 and N 71' 55' E 70.0 fee:' THENCE S 16' 05' E 270.0 feet along the West line of the road to a 34 irtoh iron rod found for ft Southwest corner of this treat, a 313 Rnch irw rod found, on the North side of a gravel drkwxay bears South 19.3 feet and! East 2.1 ,set; THENCE with a erxve to ttre right in a !r}nrttrwestarly direction having an Are Lewth of 421.42 f6et. a Padius of 79,0_31 Wit, a CwdW Angle cf ° ' i V, to CJwrd bmrs N 52' 29' 42" W 416.45 fret to a I3Mge Spike found on the fast line of the Wchka. Tillman sect Jackson Rail Road THENCE N 16' 29 W 126:58 feet along the East line of the Bail Road to a 1r°z irich fti red set fer the NDMhwest Omar 4f this Tract; THENCE with a curve to the IeR in a SoWneasteuy djrect. ion having an Are Lerigth of 313.98 f' , a Radius of 405.66 feet a Central Angle of 44` 20' 51 ", the C hord aears S 67' 16' 54" E 306.20 feet to the Place of i3eginningii end cwtaining 1,11 Acres of land. The bearings in these Field Norte are NAD 83 grid b"dn, gs from Solar Observadon& See Attached Plat. 13URKRD Jon Niermann, Chairman r-E OFF Emily Lindley, Commissioner cy Bobby Janecka, Commissioner Toby Baker, Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution August 18, 2020 Ms. Marie Balthrop, City Secretary City of Wichita Falls Department of Public Works & Engineering 1300 Th Street, P.O. Box 1431 Wichita Falls, Texas 76307 Re: Municipal Setting Designation (MSD) Certificate for Wichita Falls Economic Development Corporation, Former Fleetwood Homes of Texas Site, located at 2400 Burkburnett Road, Wichita Falls, Wichita County, TX; Municipal Setting Designation (MSD) No. 430; Voluntary Cleanup Program (VCP) No. 2960; Customer No. CN602189318; Regulated Entity No. RN110909702 Dear Ms. Balthrop: The above -referenced MSD is located within your corporate limits or extraterritorial jurisdiction; therefore, as required by Texas Health & Safety Code §361.807(a)(2), enclosed is a copy of the MSD certificate dated August 13, 2020. If you have any questions, please contact me at (512) 239-1747 or via e-mail (Rohan.Jayasuriya@tceq.texas.gov). Sincerely, Rohan Jayasuriya VCP-CA Section Remediation Division R1/jdm Enclosure: Copy of MSD Certificate No. 430 P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • tceq.texas.gov How is our customer service? tceq.texas.gov/customersurvey printed m recycled paper - ,- TEXAS COMMISSION ON ENVIRONMENTAL QUALITY MUNICIPAL SETTING DESIGNATION CERTIFICATE As provided for in §361.807, Subchapter W, Texas Health and Safety Code (Solid Waste Disposal Act): I, Beth Seaton, Director, Remediation Division, TCEQ certify the Municipal Setting Designation (MSD) for MSD No. 430, in the City of Wichita Falls, for the tract of land described in Exhibit "A". The eligibility requirements of Texas Health and Safety Code §361.803 are satisfied as attested to by the affidavit in Exhibit "B", provided pursuant to Texas Health and Safety Code §361.804(b)(2)(D). This certificate shall continue in effect so long as the ordinance or restrictive covenant required by Texas Health and Safety Code §361.8065 remains in effect. Any person addressing environmental impacts for a property located in the certified municipal setting designation shall complete any necessary investigation and response action requirements in accordance with Texas Health and Safety Code §361.808, in conjunction with the applicable Texas Commission on Environmental Quality environmental remediation regulation, as modified by Texas Health and Safety Code §361.808. EXECUTED this the 1.3 day of A»nwst , 2020 , 9'cuv Jruu� Beth Seaton, Director Remediation Division Texas Commission on Environmental Quality TEXOMA LAND SURV 870 South Bell Road Iowa Park, Texas 76367 (940) 691-9711 December 30, 2005 FIELD NOTES FIELD NOTES OF 31.01 ACRES BEING ALL OF BLOCK 4 AND BLOCK 5, UNIT TWO, ARROWHEAD INDUSTRIAL DISTRICT, AND KNOWN AS 2400 BURKBURNETT ROAD, WICHITA FALLS, WICHITA COUNTY, TEXAS AND DESCRIBED AS FOLLWS: BEGINNING at a 3/8 inch iron rod found at the Northwest corner of Block 4, Unit Two, Arrowhead Industrial District, as shown on the plat of record in Volume 21, Pages 21-22, Wichita County Plat Records, a fire hydrant on the East line of the Old Burk Road bears on foot West from this iron rod; THENCE N 72' 01' E 299.55 feet to a two inch pipe for a corner, a three inch pipe fence corner bears North nine tenths of a foot and East three tenths of a foot; THENCE N 17° 5T W 201.42 feet to a three inch pipe fence corner post for a corner; THENCE N 71° 51' E 826.76 feet (824.07 feet record) to a 3/8 inch iron rod found on the West line of Burkburnett Road (State Highway 240), a three inch pipe fence corner post bears South seventy one degrees fifty one minutes West seven tenths of a foot; THENCE S 23' 30' 24" E 1114.04 feet along the West line of the Burkbumett Road to an iron rod set at the beginning of a curve to the right, a power pole with an aluminum tag marked 7980 bears South thirty degrees East eighteen point four feet; THENCE in a Southeasterly direction with the curve to the right having an Arc Length of 290.66 feet, a Radius of 2666,71 feet, a Central Angle of 6' 14' 42", the Chord bears S 200 23' E 290.52 feet to a '/z inch iron rod set for the Southeast comer of Block 5, Unit Two, Arrowhead Industrial District, as shown on the Plat of record in Volume 27, Pages 326-327, Wichita County Plat Records, - THENCE N 89' 45' W 1310.20 feet (1317.98 feet record) along the South line of Block 5 to a Y2 inch iron rod found on the East line of the Old Burk Road for the Southwest corner of this tract; THENCE N 18' 05' W along the East line of the Old Burk Road at 264.1 feet pass a three inch pipe fence corner post, in all a total distance of 785.36 feet to the Place of Beginning and containing 31.01 Acres of land. The bearings in these Field Notes are NAD 83 Grid from Solar Observations. Exhibit A� Page 2 of 3 FIELD NOTES OF 1.11 ACRES OUT OF THE M. CARBAJAL SURVEY, ABSTRACT 44, WICHITA COUNTY, TEXAS AND DESCRIBED AS FOLLOWS. - BEGINNING at a'/2 inch iron rod found on the West line of the Old Burk Road, said iron rod bears S 18' 05' E 915.49 feet to the intersection of the North line of Pleasant Veiw Road and the West line of the Old Burk Road, also a 3/8 inch iron rod at the Northwest corner of Block 4, Unit Two, Arrowhead Industrial District bears N 18' 05' W 338.67 feet and N 71 ° 55' E 70.0 feet; THENCE S 18' 05' E 270.0 feet along the West line of the road to a'/2 inch iron rod found for the Southwest comer of this tract, a 3/8 inch iron rod found on the North side of a gravel driveway bears South 19.3 feet and East 2.1 feet; THENCE with a curve to the right in a Northwesterly direction having an Arc Length of 421.42 feet, a Radius of 790.31 feet, a Central Angle of 30' 33' 09", the Chord bears N 52° 29' 42" W 416.45 feet to a Bridge Spike found on the East line of the Wichita, Tillman and Jackson Rail Road; THENCE N 16° 28' W 126.58 feet along the East line of the Rail Road to a '/2 inch iron rod set for the Northwest corner of this tract; THENCE with a curve to the left in a Southeasterly direction having an Arc Length of 313.98 feet, a Radius of 405.66 feet, a Central Angle of 44' 20' 51 ", the Chord bears S 67' 16' 54" E 306.20 feet to the Place of Beginning and containing 1.11 Acres of land. The bearings in these Field Notes are NAD 83 Grid bearings from Solar Observations. See Attached Plat. BURKRD@L Exhibit A Pagc 3 of 3 men & Jec�on RRoad e\\ de, Sd\ a 58 vltGh N 16 2� 12 s1 h el b5AA tract N P au` e m M Ge °j s 5,o`µ° K Roa id ry � 0 k ca ti P`t� `' ° o`d b Q 5 ce�ry '< �OF,S eyd" �2100 e ec�;es��a536 / c 1a 05 t11a p5 a _\ o ma � Vd° t0t8 asE I I eel 0 Ede E0 LU m O t-- Carport LD F Pape Sgi Z Garpoo N 2Q1 A2 n , t ( N Easemera to TtxOa 11A8 Company. Volume treta eta 4 \ M1 ,G� ,,,...��� I One Story Metal Building I rye 1 x. v 4�I 9 N 1-ri O g oI U '♦ M� rqy '�•`•' i•Frame Buiding Ft ek rio --� O 1�=__.......... ij m Asphaft LL Frame BuiWina /se Gravel 6 � Block 5 31.01 Acres Block 4 3: Unit Two j 0 Arrowhead Industrial District co Wichita Falls, Texas i z I� I� < E Iti1 -/ �asem 20l 1 � 6 O<atna9e �`e,r`9r,Nay o�oad 1S Fire Hydrant / ' re Mc�erv96."I 6 �4 qZ 52 �` acan"aks 0�23 ��. sc.,,: I -hz 150 F..t I hereby certify that this plat represents the results of an on the ground survey made under my direction and supervision of the property located at 2400 Bu unriett Road (State Highway 240), and described as follows Arrowhead Industrial District. Unit Two. Bock 4 and Block 5, and 1.11 Acres out of the M. Carbaiel Survey. Abstract 44 (See Attached Field Notes for a complete deacribborti, an addition to the City of Wichita Falls. Wichita County, Texas, according to the plat of record in Volume 21, Pages 21-22, and Volume 27, Pages 328-327, Wichita County Plat Records and being the same land described in Volume 1781, Page 3M, Wichita County Official Public Records. I furt that the dimensions, sae and location or the buildings and improvements are as shown, that there no vi phi T encroachments, conflicts or protrusions except as shown. All comers are as shown This the & day of December , 2005. Revised jall uary 18, 2006 TEXOMA LAND SURVEYING (940) 691 •� gmF�yOUAMAi1t Roy F. W..d— —9711 ala... lat.r.a PrOflone 4 L sv N— .n 2102 ` i olW tf�7®EfR SIR = Set Iron Rod FIR = Found Iron Rod This plat is protected by Federal Copyright laws end may not be gopied by anyone after the original trace actlon for which it was intended The herein described property DOES fie within the 100 Year Flood Zone as delineated on the Flood Boundary and Floodway Map, City of Wichda Falls, Wichita County, Texas Panel Number OAF as published by the U. S. Department of Housing and Urban Development Federal Insurance Administration. Zone X This plat is property of Texoma Land Surveying. Exhibit 9- Page 1 of I Exhibit B Municipal Setting Designation Affidavit of Eligibility BEFORE ME, the undersigned authority, on this day personally appeared Henry F►orsheim as an authorized representative of Wichita Falls Economic Development Corporation , known to me to be the person whose name is subscribed below who being by me first duly sworn, upon their oath, stated as follows: I am over the age of 18 and legally competent to make this affidavit. I have personal knowledge of the facts stated herein. I affirmatively state that (place an X in all applicable blanks) X, The MSD eligib.irt}' criteria of THSC Section 36?.8o; are satisfied. Q True and accurate copies of all documents demonstrating that the MSD eligibility criteria provided by THSC 361.803 have been satisfied and are included with the application. © A true and accurate copy of a legal description of the proposed MSD property is included with the application. Q Notice has been provided in accordance with THSC 361.805. © A copy of an ordinance or restrictive covenant and any required resolutions are provided in this application or will be provided before the executive director certifies this application. .......... ........ � Date: �. S�gnatur_ _ Henry Florsheim Printed Name President & CEO Title STATE OF Texas COUNTY OF Wichita SUBSCRIBED AND SWORN before me on this the ._��-L , day of 20� , to which wi ess my a a .eel of offi P� p� INQRID C CAAEY Notary Pu in and for the Stat 1� 4o Nola Public, State of Texas My Commission ExPires T • 49 AAppnt 28, 2023 August 2011 `. NOTARY ID 1245A295--)