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Home My WebLink AboutRes 2010-25 Supporting MSD at Milby and Polk StreetsCity of West University Place Harris County, Texas RESOLUTION NUMBER 2010-25 A RESOLUTION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS IN SUPPORT OF THE APPLICATION OF MORGAN ADVANCED MATERIALS AND TECHNOLOGY, INC., AND HOERBIGER CORPORATION OF AMERICA, INC., TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) FOR A MUNICIPAL SETTING DESIGNATION (MSD) FOR PROPERTY LOCATED AT 1212 MILBY STREET, 3503-3719 POLK STREET AND ADJACENT PUBLIC RIGHTS OF WAY IN HOUSTON, TEXAS. WHEREAS, Chapter 361, Subchapter W, of the Texas Solid Waste Disposal Act authorizes the Texas Commission on Environmental Quality (`TCEQ") to certify a Municipal Setting Designation ("MSD") for property upon receipt and approval of a properly submitted application to TCEQ; and WHEREAS, as part of its application to the TCEQ for a Municipal Setting Designation, Morgan Advanced Materials and Technology, Inc., and Hoerbiger Corporation of America, Inc. ("Applicants") are required to provide documentation that the application is supported by the City Council of each municipality that owns or operates a groundwater supply well located not more than five miles from the proposed designated area; and WHEREAS, Applicants filed an application with the City of Houston, Texas for the issuance of a Municipal Setting Designation ordinance for the property located at 1212 Milby Street, 3503-3-3719 Polk Street, and adjacent public rights of way in Hosuton, Texas as more fully described in Exhibit "A" (the "Site"); and WHEREAS, On November 17, 2010, the City Council of the City of Houston, Texas approved and adopted Ordinance No. 2010-889 (the "Houston Ordinance," a copy of which is attached as Exhibit "B"), which, among other things prohibits the potable use of groundwater beneath the Site to a depth of 200 feet; and WHEREAS, with the adoption of the Houston Ordinance, the Applicants now desire and intend to submit to the 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 West University Place owns one groundwater supply well identified with TCEQ Water System Source Number G1010027C, which well is located at the southwest corner of the intersection of Westpark and Wakeforest Road, within five miles of the Site; and WHEREAS, the designated groundwater identified in the Applicants' City of Houston Municipal Setting Designation Application is shallow, perched groundwater beneath the Sit to a depth of 200 feet below ground surface, while the City of West University water well collects water from the Chicot and Evangeline aquifers at depths approximately 2,000 feet below ground surface; and WHEREAS, the Site is approximately 4.84 miles northeast of the well owned by the City of West University Place and the designated groundwater identified in the Applicants' City of Houston Municipal Setting Designation Application generally flows to the south, away from the well owned by the City of West University Place. ~i NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: 1. The City of West University Place supports Applicants' application to the TCEQ for certification of a Municipal Setting Designation for the Site described in Exhibit "A." 2. This Resolution shall take effect upon its adoption. D AND APPROVED this 13`h day of December 2010. uH,, a s A. Lenz, Michael Ross, City Manager SIGNED: Bob Kelly, Mayor APPROVED AS TO LEGA ORM: an Petrov, City Attorney EXHIBIT A BXHIBrF A `h I TtaetI All that cettaila MP-acm of Iand.out of the wwthalf ofLot 57, a subdivision of tho S.M. described by metes rtmularl d b i r j y ng mom Qa e Wilms Survey, A-V, Hum County, Tuna an and bounds as h1lows: ~~a6IaA71a at~a NuW'~aQt -y'aa-pipngyy ta[go~bgsite~or•af that arptn ells 119 S06 Ikitl•5at tt l'45u 16td 1a a red"4951 a6 19F1 f 13 . g s . . . . . . m - tlk o toryora tim to = a. Teaps, llefin !fled at Votes on, fah. 111 eAs Cwsp' Sm axpdfl O d TMM a 36' 47• W F - W.W. alms its Wait line of mid 119.63.3 steam fat Parcel. to a Net 1tw fm and fa CNamT Had" a U* IT 13- a - i4', 110-0 to saute lt" er that 46Wte stied 5,509 1K nR44 e &I. of legal dewroad 14 a T"Ha Mae in the OH1C1al rAllitfesardA 01 pale at F7Ia 81, 6-695091, File Coda He, 167.99- s ly, Ton to et 618' 1rm W canner; s l1aKt h 35• us 6r E aTa9 the vat TIM of $414 3,655 sgert feet pa.sel, to a at $110 Ins rw for canner; TWKF 5 52' 19' 190 E - 3-W- AIM the myth lino Of slid 3,614 Wre feet ies Me for an prat, to a tat f/a r t Or 4v E 38- ltby m ~ d 3 d d 1 ri . T i tsg e y la n pled a m 3 11,49!.124 Net /aaat [oiW 1-1 T aape tiPll te , 7r h 14. r.; % Pyt NH . He Fall . 7 lad fm aner: ]U 14r 13 Leafy seed NOW", to a set w Lee mRhal9 ,wuRh,ltge:o9-ia14 1;'A92rIH TIM B a, Ely w It. 6,011, .toy , - sgxra txt Pgeel; to a seC:978• ilwspQ: ftr'wrept . ' 14' 5r E-77.11'. 170-0 the rorlherlY Meat its of Hid 15,491,724 TIEYCE:H 3 fx z T Aral, to a frond Pep arar post Nr arse,, • 17,492.724-span TOLE SW or 10• E- 71.1611 gereh~)tt~~ww of Hid i L t pafutt g fat Iam7, to a ranged a lfm TWU A 41• Pd' W. E - t)6!75M1q 4IM1 tWWKh Iimbftttd 11,492.774 " z& I, to 1 T0M16 ~a' R f, C9raC' malt ftet " Im TWU 9 34' 66' 04"V • 35.95" along "W east lim Of Hit 77,492,724 win tat Pint'. t0 0 raw 5yae 1rm W for W410 pint: sett ilM of Hid 71605 gaM feet {hr m a ; 6 o n n u liA' f ra rl p , t a d ra 7210E 7 62• H. 19' E • 1,62.70'. a W cord line of "Ad 129110/1 5 aprare N a at 518 Iran rod baf,s a pint m a cmv6 1o9(na a cat+H a0914 l f t ptta li . fha Wa of ofd Carr! 243-0 laeattd 011 a of S2•, r • 930.90' f ' N d d rli a7 ns a 91 ao W 97 ir fadls 1242: al Tina ,er I= in a uothealtarly 41reetim alms Hid Curd, and coatiast-0 ti the norN d t f 6 96 f t d u li -I - r, to a at a pra a a3 are ft of sai 119.40 . spree e is ses of 101. 6M tM rod far Male pet TNfeCd 7 a6' 71' 0/• E-90:834 s mpti-0i-0 ales tM pth lin*raid 739,63.65 M", fat prmi, to a ruled f - Um a4 far "PI. Pat : ~ Taf60E 9 35° 61' 23- E - 19.76' mat/whs elen the. norm line of Hid 119.43.3 gears Net ryrnl. N a inner +fYa' IM red for tomv4 t 4~ " MATE S}}ss' Y • 9 One alma to seat r193PgT-n3- !tae of Miay 9tnet ' a t In, r tlde7, to o a at Sir Fran red tar Comer, lip Pt A c -(3 le'ffieE `A' fiIC pi1`Nt. 34' lqM sle from rod Wt MAIiAt I of 210 119AD6.05 s<Nare TAME b 6t' dl' P. Y wot all V ftmcatoe d aid tit~06 spars fat p r w a tat ur tar prod fsu of wfd wrw 6+h0 ~ Mild °o uric of 7 iZ pi. t poloc d UM . to N tt~ a radial lift bwptaq a N' 33' EP E fret aid gwetf TItXLE is a ftrtNesrplp di AN 2211001 Nta P" L Won!? 11111* p ' tioe ed wtd tff.506.~ sgtW't toad SjB` ter pa foe-AqH Wei ,,tpt1~~.~ ~qt! ifm N tNd dit o5 w i~Y.Ft K~cW't1e~IDiMf 1~ ~ii~~"o~~~einq AP+7 acriY :IlSY~ Nwre to y~ . Nwre fat) at loft,. cord Vr tdw _..s., _ cl:.'. 3°: U~ Y "A bz'i~ _ If rMA W W b E 7, tl\, AU t K'#li 1 W I l v ` . i'.RY,~iFF';. h y3•y 3U x~ . ~ ~ rf A r. h3Y h~ y L ~ tf ~ 1.2,A$ r ' o€3,oS 57, a'§abdivieion of thb S.M. b pbtiicaluly described by metes r +r ALL ibd sabb 2...Q1 iQoalliit d3mC Oddlba w.a tdtdLit iZ, .w0d<eLt<d1Ys 8.H. gtmicrt 8ueiay.A4? Narsia Gemitf Siav W bdid d1 d tbd+pedP Ulld 80 aquisabd d adi.atbad as o2rid 8" W s dss6 dwd 1-0}-1167 fiim Waii Giepmitluti SuP+'r•"' d Va/psa Kit. Afi 11aNuita ban Mau1.a 8. Caved 7)a.d Rids .sd S.inf saps /adliibrl7 Qiapi6d 57 mdp pdamfaufe8a~u bie>t ~•t~ ~outiii2bio ivurlna Da~aslmu¢AdKMbi lied Np- )9 )ram.MA ebs tftyd i.. 8 9•H~~®i roep.N K• f9t 9 - H. Wy d'8 }}r73t W -I bxsrt (6 Nd-0.tba~"BmM emaeiit itibl-itm111cadMliCr, T.liII1CS 8k• 1P dTe E - 33.iV to a'"lsiD iN ta euapl iNIIii.L 8 IT 3l' 31• S- 7i. FI'ti t i1tl 1KP rodto --p, bd.f a golni w a sais bavlid d ewaadi w d 427' 33, fad d tfbs barb l Z16, 44, 36" tba sptp d O win bdai leid i 5 fi' lrem ufd palms iNFs}iCE a?•!ai •+>d viva fa a Nitt6pNtiW. dtestlwt~mp as a;gy{atww.i! 51.53~;tetba'P~s OF eEW81II1Gf eaa iadaliyl2 iN ward fait dbmi _ .6ameC tip` _;i gXgIBIT A" JEW comwSSION ON E 0. TAL 0 LAi IT: INNOCENT Ot3NpRIOPER.4TOR PROGRAM LEGAL DESCRIPTION OF PROPER T}' IOP No. 630 BENtG A 2.6149'ACME TRAC' DF LAND LOCATED 11 MU i. V:. +S 5~R LOCr1.T8 W nU ZTY. MFHOUEMN A HARRIS COLS, SAME TRACT DP LAX-t A£CORDED ]N K*MS CO'-Wl-SAID JAACf BEWC; SC'.STPIED LN ZHF \OR7H BY T'fl n0*' S a n'un.n N.O.W. (ARANDO*W), MtLNY STMT N. Ta_ r_"Y ST+ - SIJU133, yd) YC1Aa S1REf78 iN6 W:5S'{. SAID 5.6149 AC_n T?a4 O T P.iaRSlCU1.hR:.Y'HESQtffiID SY 1~pfi.Aal19-BDtR{DS. fS ?O'..::C~-=: 7>£CRU1fN6 at an "1C sa k. ooonett. Sw the $outbwo 2"7A61 aW paiM ¢ko bang m the iWasCwoa.of the SWLhFARCrn wW¢) i¢dtbe N*r&Gdy'R-O. W: oLF~ih Snaa(wDed 60' wid4t ?'HENCE N¢M 19°39YA" Eaas dismox 41219.49 ix„ aloq'.i: Sou n (plkd 80 wWe7 to a Voun Wwd im o®er fiomw!nence~ foaaa SuiS. .cm_...a.: ~ im 7ygi~E,SauPo 56°20'05' Easy, • dieuntt o110.`.66>iea4 stoop ~1u \n:mer~ !.a::;' zalli7 =i'.ssc::: w~n'R' in eoaaeaaertcv ao.na4k Wiat 9.PfENC° Swath 62°3S36' Env. t th 1 Qr443.S2 ice: CoC3auins. a:oa; ; w ¢n'X' in m¢crote soibr¢a *A& pow; ~.i(~ $prtfi 77K2'A}• 5¢s, ¢ ditioce 0!13137 fx4eootiavin~siou ya•the - sa.:. _ L2' itw P.ad ~ tap. sa {m ehi 'EasmtP mos: erne ¢f said ?.5:- z. , w , 4wthwesclY L-0-V ofmBl Y ¢see (arwa w W4-); 7AASCE doWL 3'i°31'061tss4 a 4itta¢ee o{'C34:9.b ftcr, ilarg'~x nuc^' s'• -.=5` AgOi?lp tinePoY A.D.~ of4r30bY Slt¢n (c¢1kd. dV ardel lc a ^a z _ m ~,-,tea. - :''v 8o3E3Q¢+'4 td 30 " ~.afrnm'a•MnxaO Go{dtn8 ocaw ¢tas C 5045. b t { Z{{Bti-.TtoM 1041yy0" YfaSS 41315acc q°61226 kei 4lnn8 vx S~ '.z _ m a vkck also ilk-D'mi& t9°3000' EnsL+-aisme¢ ¢PS.SD-it4.lWlw`mB t )n, Sang. tow 'r in corv:.eew set for-wrner, •pTgiCB:^cottlt 7030.D9' Westt Ais>ameaF.93.E6 i¢a, oooaa~?1?~'U¢ -vz~Cr 5 o: : zu: 9aw4 m au 'X' m eoa¢me srz {oc .umr ¢09 stso-s y¢uu m ~ S9a"~ t." BV aiw)v at, ?LAUOF Bawd c.aad.¢atmh+ivg 2.61a9aa.sa -feer, reotr. kss As mwa3s69dsrd.d°3' np>]aoher.2007.. Teas Su iob. 1OCN0709 jl- ~~0uc~ EXHIBIT B City of Houston, Texas, Ordinance No. 2010- cl 09f A MUNICIPAL SETTING DESIGNATION ORDINANCE PROHIBITING THE USE OF DESIGNATED GROUNDWATER BENEATH THREE TRACTS OF LAND CONTAINING APPROXIMATELY 5.7719 ACRES COMMONLY KNOWN AS 1212 MILBY STREET AND 3503-3719 POLK STREET, HOUSTON, TEXAS AND PORTIONS OF MILBY STREET, POLK STREET AND YORK STREET RIGHTS OF WAY, HOUSTON, HARRIS COUNTY, TEXAS; SUPPORTING ISSUANCE OF A MUNICIPAL SETTING DESIGNATION BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, Subchapter W, "Municipal Setting Designations;" of Chapter 361, "Solid Waste Disposal Act," of the Texas Health and Safety Code authorizes the Texas Commission on Environmental Quality (`TCEQ") to create municipal setting designations; and WHEREAS, on August 22, 2007, by Ordinance No. 2007-959, the City Council adopted Article Xlll, of Chapter 47, Code of Ordinances, Houston, Texas, to provide a process for establishing municipal setting designation ordinances and recently amended that process on July 14, 2010 by Ordinance No. 2010- 556; and WHEREAS, Sections 47-765(f) and 47-767(a) of the Code of Ordinances, Houston, Texas, authorize municipal setting designation ordinances that prohibit the use of designated groundwater as potable water and thereby enable the TCEQ to certify a municipal setting designation for designated property: and WHEREAS, on March 8, 2010, Hoerbiger Corporation of America, Inc.. Morgan Advanced Materials and Technology, Inc. and Houston Warehouse Associates (hereinafter collectively referred to as "Applicant") applied to the Director of the Public Works and Engineering Department, requesting that the City Council support a municipal setting designation ordinance for 1212 Miiby Street and 3503-3719 Polk Street located in Houston, Texas 77023; and WHEREAS, on September 21, 2010, the Director of the Public Works and Engineering Department conducted a public meeting as required by section 47- 764, at the E, B. Cape Center, 4501 Leeland, Houston, Texas 77023, and noted the community when the City Council public hearing would occur; and WHEREAS, the Development and Regulatory Affairs Committee of City Council conducted a public hearing on October 28, 2010; and WHEREAS, the City Council finds that: (1) the application meets the eligibility criteria of Section 361.803 of the Texas Health and Safety Code; (2) the municipal setting designation will not have an adverse effect on the current or future water resource needs or obligations of the City of Houston: (3) there is a public drinking water supply system that satisfies the requirements of Chapter 341 of the Texas Health and Safety Code and that supplies or is capable of supplying drinking water to the designated property and property within one-half mile of the designated' property; and (4) this Municipal Setting Designation Ordinance is necessary because the concentration of contaminants of concern exceeds human ingestion protective concentration levels, and the establishment of a municipal setting designation will allow the property to be brought back into productive use; and 2 WHEREAS, City Council finds that the Director of the Public Works and Engineering Department on behalf of City Council, in accordance- with the Charter of the City of Houston, state law, and the ordinances of the City of Houston, has given the required notices, the Development and Regulatory Affairs Committee of City Council has held the required public hearing regarding this Municipal Setting Designation Ordinance and all procedural requirements have been satisfied; NOW THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOUSTON, TEXAS: Section 1. That for purposes of this Municipal Setting Designation Ordinance, the "designated property" means the three tracts described in Exhibit A, attached to this Ordinance and incorporated by reference herein. Section 2. That for purposes of this Municipal Setting Designation Ordinance, "designated groundwater" means groundwater beneath the designated property to a depth not to exceed 200 feet that is prohibited from use as potable water by this Ordinance. Section 3. That use of the designated groundwater from beneath the designated property as potable water, as that term is defined in section 47-761 of the Code of ordinances, Houston, Texas, is prohibited. Section 4. That the use of the designated groundwater from beneath public rights-of-way immediately adjacent to the designated property as potable water, as that term is defined in section 47-761 of the Code of Ordinances. Houston, Texas, is prohibited. 3 Section 5. That the designated property must receive a certificate of completion or other analogous documentation issued by the TCEQ or the United States Environmental Protection Agency ("EPA") showing that any site investigations and response actions required pursuant to Section 361.808 of the Texas Health and Safety Code have been completed to the satisfaction of the TCEQ or EPA within the time period required by them. Section 6, That the City Council supports the application to the TCEQ for a municipal setting designation on the designated property, with the following comment: (1) The TCEQ and the EPA, as agencies charged to protect human health and the environment, are requested to thoroughly review the conditions on the designated property and issue a certificate of completion only when all contaminants of concern, through the applicable routes of exposure, have been addressed. Section 7. That any person owning, operating, or controlling the designated property remains responsible for complying with all applicable federal and state laws and regulations and all ordinances, rules, and regulations of the City of Houston. The City Council's approval of a municipal setting designation ordinance in itself does not change any environmental assessment or cleanup requirements applicable to the designated property. Section 8. That approval of this Municipal Setting Designation Ordinance shall not be construed to subject the City of Houston to any responsibility or 4 liability for any injury to persons or damages to property caused by any contaminant of concern. Section 9. That within 30 days after adoption of this Municipal Setting Designation Ordinance, the Applicant shall provide the Director of the Public Works and Engineering Department with an electronic file showing the location of the designated property and the designated groundwater in a format compatible with the City's geographic information system and its integrated land management system, and shall provide an electronic file showing the location of the designated property and the designated groundwater to the Harris County Appraisal District in a format compatible with its system. Section 10. That within 30 days after adoption of this Municipal Setting Designation Ordinance, the Director of the Public Works and Engineering Department shall send a certified copy of this ordinance to the Applicant, TCEQ and EPA. Section 11. That the Applicant shall provide the Director of the Public Works and Engineering Department with a copy of the municipal setting designation certificate issued by the TCEQ pursuant to section 361.807 of the Texas Health and Safety Code within 30 days after issuance of the certificate. Section 12. That within 30 days after receipt of the municipal setting designation certificate from the TCEQ, the Director of the Public Works and Engineering Department shall file a certified copy of this Municipal Setting Designation Ordinance in the deed records of Harris County. 5 Section 13. That if any provision, section, subsection; sentence, clause or phrase of this Ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this Ordinance or their applicability to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. Section 14. There exists a public emergency requiring that this Ordinance be passed finally on the date of its introduction as requested in writing by the Mayor; therefore, this Ordinance shall be passed finally on such date and shall take effect immediately upon its passage and approval by the Mayor. PASSED AND ADOPTED thisday of 2010. APPROVED this - day of 2010. Mayor of the City of Houston Pursuant to Article Vl, Section 6, Houston City Charter, the effective date of the foregoing Ordinance is APTI0N KNKAHW III DAILY C8hM NOV 2 3 2010 Clty Secretary Pr r d e L al Depa ent et No~1i ber 15-, 2010, Cell Price, Senior Assistant City Attorney Requested by Daniel Krueger, P.E:, Director, Public Works and Engineering Department L.D. File No. 0910700011002 G:LLANDVCEIL1MSDs 201011.212 Milby and Polk Street-doc AYE I NO _ MAYOR PARKER COUNCIL MEMBERS STARDIG JOHNSON ✓ CLUTTERBUCK ADAMS SULLIVAN HOANG PENNINGTON s/ GONZALEZ RODRIGUEZ COSTE LLO LOVELL NORIEGA BRADFORD ✓ JONES CAPTION ~ ADOPTED wFV C. He. X2:9 e-: EXHIBIT A Tract I All that certain 3.157 acres of land out of the west half of lot 57. a subdivision of the S.M- Williams Survey, A-87, Harris County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a found 3/4" iron pipe marking the southwest corner of that certain called 119,606.05 square feet parcel described in a deed dated 1-13-1967 from Sidco Corporation to Maurice R. Teague, Trustee filed at Volume 6538. Page I 1 I Harris County Deed Records; THENCE N 35'4 1' 53" E -189.66', along the west line of said 119,606.05 square feet parcel, to a set 5/8" iron rod for corner; THENCE N 62' 19' 19" W - 3.55, along the south tine of that certain called 1605 square feet parcel of land described in a deed dated 8-13-1980 from Builders blurt, htc.'to Maurice R_ Teague, Trustee filed in the official public records of real property of Harris County, Texas at Clerk File No. G-595091, Film Code No. 167-95-0085, to a set iron rod for corner; THENCE N 35~ 16' 57" E- 17.66', along the west line of said 3,605 square feet parcel, to a set 5/8" iron rod for comer; THENCE S 62' 19' 19" E - 3.69', along the north line of said 3,605 square feet parcel, to a set 5/8" iron rod for corner; THENCE N 38' 03' 45" E - 27.60', along the southerly west line of that certain calicd 13,492.724 square feet parcel of land described in a deed dated 1-13-1967 from S;deo Corporation to Maurice R. Teague, Trustee filed at Volume 6538, Page l 11 llams County Deed Records, to a set 5/8" iron rod for comer: THENCE N 58'00'00"W - 6.00', along the northerly south line of said 13.492.724 square feet parcel, to a set 5/8" iron rod for corner; THENCE N 35* 16' 57" E - 77.11', along the northerly west line of said 13,492-724 square feet parcel, to a found fence corner post for corner; THENCE S 46 09' 30" E - 71.182, along the north line of said 13,=192.724 square tie[ parcel, to a found 5/8" iron rod for angle point; THENCE S 41 26' 59" E -136.08', continuing along the north line of said 13_:492.724 square feet parcel, to a found 5/8" iron for comer; THENCE S 34 56' 04" W - 35.95', along the east line of said 13,492.724 square feet parcel, to a found 5/8" iron for angle point; THENCE S 27:40' 41" W- 17.50', along the east line of said 3.605 square feet parcel. to a set 5/8" iron for comer; THENCE S 62 19' 19" E - 162.70, along the north line of said 119,606.0 5 square feet parcel, to a set 5/8" iron rod being a point on a curve having a central angle of 6 16' 52 a radius of 930.30', the center of said curve being located on a radial line bearing S 28' 21' 25" W from said point; ` THENCE in a southeasterly direction along said curve, and continuing along the north line of said 119,606.05 square feet parcel, for an arc distance of 101.99' to a set 5:;8-' iron rod for angle point; THENCES 46' 31' 07" E - 90.83', continuing along the north line of said 119,606.05 square feet parcel. to a found 5/8" iron rod for angle point; THENCE S 39 57' 24" E- 95.72`, continuing along the north line of said 119.606.05 square feet parcel, to a found 5/8" iron rod for cornet; THENCE S 35 11' 00" W - 97:05', along the west right-of-way line of Milhy Street (60' wide), to a set 5/8" iron rod for comer; THENCE N 73' 34' 13 W -140.13', along the south line of said 119,606.05 squareiact parcel, to a found 5/8" iron rod for angle point; THENCE N 62 Oa' 54" W - 399.80', continuing along the south line of said 1 19,606.05 square feet parcel, to a set 1/2" iron rod being a point on a curve having a central angle of 7 42' 08", a radius of 517.21', the center of said curve being located on a radial line bearing N 25' 31' 24" E from said point; THENCE in a northwesterly direction along said curve and continuing alone the south line of said 119,606.05 square feet panel, for an are distance of 82.97' to a found 518` iron rod for angle point; THENCE N 55 17' 45" W- 3531', continuing along the south line of said 119.606.05 square feet parcel, to the POINT OF BEGINNING and containing 3.157 acres (13 7,526 square feet) of land more or less. Tract Il All that 2,488 square feet of land out of the west half of Lot 57, a subdivision of the S, N I. Williams Survey, A-87 Harris County Texas and being more particularly described bN metes and bounds as follows: All that certain 2,488 square feet of land out of the west half of Lot 57, a subdivision of the S.M. Williams Survey, A-87 Harris Count. Texas and being all of that certain called 2,462.80 square feet of land described as Tract 111" in a deed dated 1-13-1967 from Sideo Corporation to Maurice R. Teague, Trustee filed at Volume 6638, Page 104 Harris County Deed Records and being more particularly described by metes and bounds as follows: BEGINNING at a 518" iron rod marking the southwest corner of said "Tract III" frorn which the City of Houston Engineering Department Reference Rod No. 739 beats N' 54 49' W - 30.82' and S 35` 11' W - 197.02' from said point, THENCE N 35' 11' E - 39,06', along the east right-of-way line of Milby Street (60' wide), to a 5/8" iron rod for corner; THENCE S 64 44' 02" E - 33:41' to a 5/8" iron rod for corner; THENCE S 17 37' 31" E - 74.37' to a 5/8" iron rod for corner, being a point on a curve having a central angle of 17° 53' 03' a radius of 296.44' the center of said curve being located on a radial line bearing S 44 12' 36" W from said point: - THENCE along said curve in a Northwesterly direction for an arc distance of 92:53' to the POINT OF BEGINNING and containing 2,488 square feet of land, more or less. Tract III Being a 2.6149 acre tract of land located in the S.M. Williams Survey, A-87, located in the City of Houston in Harris County, Texas and also being that same tract of land recorded in Harris County Clerks File Number H-244746, said tract being bounded in the north by the Houston Belt and Terminal Railroad R.O.W. (abandoned). Milby Street in the east, Polk Street in the south, and York Street in the west, said 2.6149 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at an"X" set in concrete for the Southwest corner of 2.619-acre tract (H;C.C.F. No. H-244746), said point also being at the intersection of the Southeasterl'e R.O.W. of York Street (called 80' wide) and the Northerly R.0, W. of Polk Street (called 60' wide); THENCE North 19 24' 00" East, a distance of 219.49 feet, alone the Southeasterh R.O.W. of York Street (called 80' wide) to a point found for corner from whence a found building corner bears N 52 51' W, 0.17 feet; THENC South 55 20' 05" East, a distance of 205.66 feet, along Northerly line of said 2.6149 acres tract to an "X" in concrete set for an angle point; THENCE South 62' 38' 36" East, a distance of 413.82 feet, continuing along the Northerly line of said tract to an "X" in concrete set for an angle point; THENCE South 77 22' 43" East, as distance of 137.27 feet, continuing alone the Northerly line of said tract to a 1/2" iron rod with cap set for the Eastern most corner of said 2,6149 acre tract and a point in the Northwesterly R.O.W. of Milbv Street ('called 60' wide); THENCE South 35' 31' 00" West,a distance of 139.96 feet, along the Easterh line of said tract and also along the Northwesterly R.O.W. of Milby Street (called 60' wide), to a point in the Northerly R.O.W. of Polk Street (called 60' wide), from whence a building comer bears S 52~ 5 i' E 0.18 feet: ` THENCE North 70 30' 00" West, a distance of 612.76 feet along the Southerly line of said 2.6149 acre tract also the Northerly R.O. W, of Polk Street (called 60' wide), to an "X" in concrete set for corner; THENCE North 19'30' 00" East, a distance of 5.50 feet, following ajog in the Northerly R.O.W. of Polk Street, to an "X" in concrete set for comer; THENCE North 70 30' 00" West, a distance of 93.86 feet, continuing along the Northerly R.O.W. of Polk Street to an "X" in concrete set for comer and also a point in the Southeasterly R.Q.W. of York Street (called 80' wide) to the PLACE OF BEGINNING and containing 2.6149 acres of land or 113,905.61 square feet, more or less. 10