HomeMy WebLinkAboutRes 2011-17 Supporting TCEQ for an MSD at 7405 Almeda RoadCity of West University Place
Harris County, Texas
RESOLUTION NUMBER 2011-17
A RESOLUTION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS IN
SUPPORT OF THE APPLICATION OF THE BOARD OF REGENTS OF THE
UNIVERSITY OF TEXAS SYSTEM TO THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY (TCEQ) FOR A MUNICIPAL SETTING
DESIGNATION (MSD) FOR PROPERTY LOCATED AT 7405 ALMEDA ROAD
AND ADJACENT PUBLIC RIGHTS OF WAY IN HOUSTON, TEXAS.
WHEREAS, Chapter 361 of the Texas Health and Safety Code (the Texas Solid Waste
Disposal Act, Subchapter W) 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 the TCEQ; and,
WHEREAS, as part of its application to the TCEQ for a Municipal Setting Designation,
the Board of Regents of the University of Texas System ("Applicant') is 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, on December 15, 2010 the City Council of the City of Houston, Texas
approved and adopted Ordinance No. 2010-1029 (the "Houston Ordinance," copy 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 Applicant now desires and
intends to submit to the TCEQ an application for certification of a Municipal Setting Designation
for the Site pursuant to the Texas Health and Safety Code, Chapter 361, Subchapter W; and,
WHEREAS, the City of West University Place owns two groundwater supply wells
identified by the TCEQ Water Utility Database, as Water System Source Numbers G1010027B
and G1010027C. One well is located at the southwest corner of the intersection of Westpark
and Wakeforest Road and the other well is located on Milton Street east of College Street. Both
wells are within 5 miles of the Site; and,
WHEREAS, the designated groundwater identified in the Applicant's City of Houston
Municipal Setting Designation Application is shallow, perched groundwater beneath the Site to a
depth of 200 feet below ground surface, while the City of West University Place water wells
collect water from the Chicot and Evangeline aquifers at depths approximately 2,000 feet below
ground surface; and,
WHEREAS, the Site is approximately 3.3-miles southeast of the wells owned by the City
of West University Place and the designated groundwater identified in the Applicant's City of
Houston Municipal Setting Designation Application generally flows to the southeast, away from
the wells owned by the City of West University Place.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS THAT:
The City of West University Place supports Applicant's 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.
PASSED, APPROVED AND ADOPTED this 24th day of October , 2011.
SIGNED:
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P
A. Lenz, City Secretary
BY:
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Michael Ros , City Manager
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Bob Fry, Mayor 1j APPROVED AS TO FORM:
Alan Petrov, City Attorney
EXHIBIT A
TRACTI:
BEING A 0.5592 ACRE (24360 SQ. FEET) TRACT OF LAND BEING LOTS 3
THROUGH 7 IN BLOCK 23 OF INSTITUTE PLACE A SUBDIVISION IN HARRIS
COUNTY, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN
VOLUME 4, PAGE 32 OF THE HARRIS COUNTY MAP RECORDS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A SET 5/8 INCH IRON ROD IN THE SOUTH RIGHT-OF-WAY
LINE OF MYRTLE STREET (60.00 FEET WIDE) AS PLATTED AND THE NORTH
WEST CORNER OF LOT 7, BLOCK 23 OF SAID SUBDIVISION;
THENCE SOUTH 72 DEGREES 36 MINUTES 37 SECONDS EAST, ALONG THE
SOUTHERLY LINE OF SAID MYRTLE STREET, A DISTANCE OF 239.41 FEET
TO A SET 5/8 INCH IRON ROD FOR THE NORTH EAST CORNER OF LOT 3 AND
THE NORTH EAST OF THE HEREIN DESCRIBED TRACT FOR CORNER;
THENCE, SOUTH 17 DEGREES 23 MINUTES 23 SECONDS WEST, ALONG THE
EAST LINE OF LOT 3, A DISTANCE OF 100.00 FEET TO A SET 5/8 INCH IRON
ROD FOR CORNER;
THENCE, NORTH 72 DEGREES 36 MINUTES 37 SECONDS WEST ALONG THE
SOUTH LINE OF LOTS 3 THROUGH 7, A DISTANCE OF 247.64 FEET TO A SET
5/8 INCH IRON ROD FOR CORNER;
THENCE, ALONG THE WEST LINE OF LOT 7 BEING A CURVE HAVING A
RADIUS OF 11434.47 FEET, AN ARC LENGTH OF 100.34 FEET, A CENTRAL
ANGEL OF 0 DEGREES 30 MINUTES 10 SECONDS AND A CHORD BEARING
NORTH 22 DEGREES 05 MINUTES 31 SECONDS EAST, A CHORD DISTANCE OF
100.34 FEET TO THE POINT OF BEGINNING.
TRACT 11:
BEING A 0.5794 ACRE (25240 SQ. FEET) TRACT OF LAND BEING LOTS 8
THROUGH 12 IN BLOCK 23 OF INSTITUTE PLACE A SUBDIVISION IN HARRIS
COUNTY, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN
VOLUME 4, PAGE 32 OF THE HARRIS COUNTY MAP RECORDS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT BEING THE NORTH WEST CORNER OF LOT 8,
BLOCK 23 OF SAID SUBDIVISION FROM SAID POINT A FOUND Y4 INCH IRON
PIPE BEARS NORTH 22 DEGREES 43 MINUTES EAST 0.53 FEET;
THENCE, SOUTH 72 DEGREES 36 MINUTES 37 SECONDS EAST, ALONG THE
SOUTHERLY LINE OF A 14 FOOT ALLEY, A DISTANCE OF 248.72 FEET TO A
SET 5r8 INCH IRON ROD FOR THE NORTH EAST CORNER OF LOT 12 AND THE
NORTH EAST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE, SOUTH 17 DEGREES 23 MINUTES 23 SECONDS WEST, ALONG THE
EAST OF LOT 12, A DISTANCE OF 100.00 FEET TO A FOUND 5,,8 INCH IRON
ROD FOR CORNER;
THENCE, NORTH 72 DEGREES 36 MINUTES 37 SECONDS WEST ALONG THE
NORTHERLY RIGHT-OF-WAY LINE OF HEPBURN STREET, A DISTANCE OF
255.94 FEET TO A POINT, FROM WHICH A FOUND 5/8 INCH IRON ROD BEARS
SOUTH 72 DEGREES 35 MINUTES EAST 0.55 FEET;
THENCE, ALONG THE WEST LINE OF LOT 8 BEING A CURVE HAVING A
RADIUS OF 11434.47 FEET, AN ARC LENGTH OF 100.26 FEET, A CENTRAL
ANGLE OF 0 DEGREES 30 MINUTES 09 SECONDS AND A CHORD BEARING
NORTH 21 DEGREES 31 MINUTES 09 SECONDS EAST A CHORD DISTANCE OF
100.26 FEET TO THE POINT OF BEGINNING.
TRACT III:
BEING A 0.2124 ACRE (9250 SQ. FEET) TRACT OF LAND BEING PART OF LOT I
AND 2 IN BLOCK 26 OF INSTITUTE PLACE A SUBDIVISION IN HARRIS
COUNTY, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN
VOLUME 4, PAGE 32 OF THE HARRIS COUNTY MAP RECORDS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH RIGHT-OF-WAY LINE OF HEPBURN
STREET (60.00 FEET WIDE) AS PLATTED AND THE NORTH EAST CORNER OF
LOT 1, BLOCK 26 OF SAID SUBDIVISION FROM WHICH A FOUND 1 INCH
IRON PIPE BEARS NORTH 49 DEGREES 03 MINUTES EAST 1.99 FEET;
THENCE, SOUTH 17 DEGREES 23 MINUTES 23 SECONDS WEST, ALONG THE
WESTERLY LINE OF HOWARD STREET, A DISTANCE OF 100.00 FEET TO A
SET 518 INCH IRON ROD FOR THE SOUTH EAST CORNER OF LOT I AND THE
SOUTH EAST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE, NORTH 72 DEGREES 36 MINUTES 37 SECONDS WEST, ALONG THE
SOUTH LINE OF LOTS I AND 2, A DISTANCE OF 90.00 FEET TO A FOUND 5/8
INCH IRON ROD FOR THE MOST SOUTHERLY SOUTHWEST CORNER;
THENCE, NORTH 17 DEGREES 23 MINUTES 23 SECONDS EAST ACROSS LOT 2,
A DISTANCE OF 75.00 FEET TO A FOUND 58 INCH IRON ROD FOR CORNER;
THENCE, NORTH 72 DEGREES 36 MINUTES 37 SECONDS WEST, ACROSS LOT
2 A DISTANCE OF 10.00 FEET TO A FOUND 518 INCH IRON ROD FOR CORNER;
THENCE, ALONG THE WEST LINE OF LOT 2 NORTH 17 DEGREES 23 MINUTES
23 SECONDS EAST A DISTANCE OF 25.00 FEET TO A POINT FOR THE
NORTHWEST CORNER OF LOT 2 AND THE NORTHWEST CORNER OF THE
HEREIN DESCRIBED TRACT FROM WHICH A FOUND 5/8 INCH IRON ROD
BEARS NORTH 48 DEGREES 16 MINUTES EAST 0.32 FEET.
THENCE, SOUTH 72 DEGREES 36 MINUTES 37 SECONDS EAST ALONG THE
NORTH LINE OF LOTS I AND 2 A DISTANEC OF 100.00 FEET TO THE POINT OF
BEGINNING.
TRACT IV:
BEING A 0.8468 ACRE (36,888 SQ. FEET) TRACT OF LAND BEING LOTS 8
THROUGH 14 IN BLOCK 26 OF INSTITUTE PLACE A SUBDIVISION IN HARRIS
COUNTY, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN
VOLUME 4, PAGE 32 OF THE HARRIS COUNTY MAP RECORDS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A SET 5/8 INCH IRON ROD IN AT THE NORTH WEST CORNER
OF LOT 8, BLOCK 26 OF SAID SUBDIVISION;
THENCE, SOUTH 72 DEGREES 36 MINUTES 37 SECONDS EAST, ALONG THE
SOUTHERLY LINE OF A 14 FOOT ALLEY, A DISTANCE OF 366.40 FEET TO A
SET 518 INCH IRON ROD FOR THE NORTHEAST CORNER OF LOT 14 AND THE
NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE, SOUTH 17 DEGREES 23 MINUTES 23 SECONDS WEST, ALONG THE
EAST LINE OF LOT 14, A DISTANCE OF 100.00 FEET TO A SET 5/8 INCH IRON
ROD FOR CORNER;
THENCE, NORTH 72 DEGREES 36 MINUTES 37 SECONDS WEST ALONG THE
NORTHERLY LINE THE RIGHT-OF-WAY OF PAWNEE STREET, A DISTANCE
OF 371.21 FEET TO A SET 5/8 INCH IRON ROD FOR CORNER;
THENCE, ALONG THE WEST LINE OF LOT 8 BEING A CURVE HAVING A
RADIUS OF 11434.47 FEET, AN ARC LENGTH OF 100.12 FEET, A CENTRAL
ANGLE OF 0 DEGREES 30 MINUTES 06 SECONDS AND A CHORD BEARING
NORTH 20 DEGREES 08 MINUTES 37 SECONDS EAST A CHORD DISTANCE OF
100.12 FEET TO THE POINT OF BEGINNING.
LEGAL DESCRIPTION
1.295 ACRES (56,408 SQUARE FEET) OF LAND BEING ALL OF BLOCK 24 OF INSTITUTE PLACE, A SUBDIVISION
OF HARRIS COUNTY, TEXAS AS RECORDED IN VOLUME 4, PAGE 32 OF THE MAP RECORDS OF HARRIS
COUNTY, TEXAS, SAID 1.295 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A POINT FOR NORTHWEST CORNER OF SAID TRACT BEING AT THE SOUTHEAST
INTERSECTION OF ALMEDA ROAD (160 FEET WIDE) AND MYRTLE STREET (60 FEET WIDE), FROM WHICH A 5/8
INCH IRON ROD FOUND BEARS NORTH 14 DEGREES 51 MINUTES EAST, 1.3 FEET;
THENCE SOUTH 72 DEGREES 36 MINUTES 37 SECONDS EAST, ALONG THE SOUTH RIGHT-OF-WAY LINE OF
SAID MYRTLE STREET, A DISTANCE OF 277.10 FEET TO A 5/8 INCH IRON ROD SET FOR NORTHEAST CORNER
OF THE HEREIN DESCRIBED TRACT;
THENCE SOUTH 21 DEGREES 57 MINUTES 14 SECONDS WEST, ALONG THE WEST LINE OF I&NRR CO RIGHT-
OF-WAY (100 FEET WIDE), A DISTANCE OF 214.47 FEET TO A 5/8 INCH IRON ROD FOUND FOR SOUTHEAST
CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE NORTH 72 DEGREES 36 MINUTES 37 SECONDS WEST, ALONG THE NORTH LINE OF SAID HEPBURN
STREET (60 FEET WIDE), A DISTANCE OF 250.59 FEET TO A 5/8 INCH IRON ROD SET FOR SOUTHWEST
CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE NORTH 14 DEGREES 51 MINUTES 41 SECONDS EAST, ALONG THE EAST LINE OF SAID ALMEDA
ROAD, A DISTANCE OF 214.00 FEET TO THE POINT OF BEGINNING AND CONTAINING SAID 1.295 ACRES (56,408
SQUARE FEET) OF LAND.
1: 125000s1255791MSD1Metes and Bounds117707 IegaLdoc
LEGAL DESCRIPTION
1.125 ACRES (49,000 SQUARE FEET) OF LAND BEING ALL OF BLOCK 25 OF INSTITUTE PLACE, A
SUBDIVISION OF HARRIS COUNTY, TEXAS, AS RECORDED IN VOLUME 4, PAGE 32 OF THE MAP
RECORDS OF HARRIS COUNTY, TEXAS, SAID 1.125 ACRES BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT FOR NORTHWEST CORNER AND BEING THE SOUTHEAST INTERSECTION OF
SAID HEPBURN STREET (60 FEET WIDE) AND ALMEDA ROAD (160 FEET WIDE), FROM WHICH A 1 INCH
IRON PIPE FOUND BEARS NORTH 88 DEGREES 49 MINUTES EAST, 2.7 FEET;
THENCE SOUTH 72 DEGREES 36 MINUTES 37 SECONDS EAST, ALONG THE SOUTH RIGHT-OF-WAY LINE
OF SAID HEPBURN STREET, A DISTANCE OF 243.10 FEET TO A 5/8 INCH IRON ROD SET FOR THE
NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE SOUTH 22 DEGREES 17 MINUTES 53 SECONDS WEST, ALONG THE WEST LINE OF SAID I&NRR
CO RIGHT-OF-WAY (100 FEET WIDE), A DISTANCE OF 214.58 FEET TO A 518 INCH IRON ROD SET FOR
SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE NORTH 72 DEGREES 36 MINUTES 37 SECONDS WEST, ALONG THE NORTH RIGHT-OF-WAY LINE
OF SAID PAW NEE STREET (60 FEET WIDE), A DISTANCE OF 215.30 FEET TO A 3/4 INCH IRON PIPE
FOUND FOR SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE NORTH 14 DEGREES 51 MINUTES 41 SECONDS EAST, ALONG THE EAST LINE OF SAID ALMEDA
ROAD, A DISTANCE OF 214.00 FEET TO THE POINT OF BEGINNING AND CONTAINING SAID 1.125 ACRES
(49,000 SQUARE FEET) OF LAND.
I:\25000s\25579\MSD\Me[es and Bounds\17807 LEGAL.doc
EXHIBIT B
City of Houston, Texas, Ordinance No. 2010-
A MUNICIPAL SETTING DESIGNATION ORDINANCE PROHIBITING THE
USE OF DESIGNATED GROUNDWATER BENEATH SIX TRACTS OF LAND
CONTAINING 4.6178 ACRES COMMONLY KNOWN AS 7405 ALMEDA
ROAD, HOUSTON, TEXAS, 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 XIII, 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 April 29, 2010, the Board of Regents of the University of
Texas System ("Applicant") applied to the Director of the Public Works and
Engineering Department, requesting that the City Council support a municipal
setting designation ordinance for 7405 Almeda Road, Houston, Texas 77054;
and
WHEREAS, on August 24, 2010, the Director of the Public Works and
Engineering Department conducted a public meeting as required by section 47-
764, at the Judson Robinson Jr. Community Center, 2020 Hermann Drive,
Houston, Texas 77004, and notified the community when the public hearing
would occur; and
WHEREAS, the Development and Regulatory Affairs Committee of City
Council conducted a public hearing on September 26, 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 six 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 e and approval by the Mayor.
PASSED AND ADOPTED thisN,~1'/day of e!,eC /7 2010.
APPROVED this _ day of 2010.
Mayor of the City of Houston
Pursuant to Article VI, Section 6, Houston City Charter, the effective date
of the foregoing Ordinance is p
City Secretary
by t al Department
uecember _1 2010, Ceil Price, Senior Assistant CityAttorney
Requested by Daniel Krueger, P.E., Director,
Public Works and Engineering Department
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CAPTION I ADOPTED
EXHIBIT A
LEGAL DESCRIPTION
1.295 ACRES (56,408 SQUARE FEET) OF LAND BEING ALL OF BLOCK 24 OF
INSTITUTE PLACE, A SUBDIVISION OF HARRIS COUNTY, TEXAS AS
RECORDED IN VOLUME 4, PAGE 32 OF THE MAP RECORDS OF HARRIS
COUNTY, TEXAS, SAID 1.295 ACRES BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT FOR NORTHWEST CORNER OF SAID TRACT BEING
AT THE SOUTHEAST INTERSECTION OF ALMEDA ROAD (160 FEET WIDE)
AND MYRTLE STREET (60 FEET WIDE), FROM WHICH A 518 INCH IRON ROD
FOUND BEARS NORTH 14 DEGREES 51 MINUTES EAST, 1.3 FEET;
THENCE SOUTH 72 DEGREES 36 MINUTES 37 SECONDS EAST, ALONG THE
SOUTH RIGHT-OF-WAY LINE OF SAID MYRTLE STREET, A DISTANCE OF
277.10 FEET TO A 5/8 INCH IRON ROD SET FOR NORTHEAST CORNER OF THE
HEREIN DESCRIBED TRACT;
THENCE SOUTH 21 DEGREES 57 MINUTES 14 SECONDS WEST, ALONG THE
WEST LINE OF I&NRR CO RIGHT-OF-WAY (100 FEET WIDE), A DISTANCE OF
214.47 FEET TO A 5/8 INCH IRON ROD FOUND FOR SOUTHEAST CORNER OF
THE HEREIN DESCRIBED TRACT;
THENCE NORTH 72 DEGREES 36 MINUTES 37 SECONDS WEST, ALONG THE
NORTH LINE OF SAID HEPBURN STREET (60 FEET WIDE), A DISTANCE OF
250.59 FEET TO A 5/8 INCH IRON ROD SET FOR SOUTHWEST CORNER OF THE
HEREIN DESCRIBED TRACT;
THENCE NORTH 14 DEGREES 51 MINUTES 41 SECONDS EAST, ALONG THE
EAST LINE OF SAID ALMEDA ROAD, A DISTANCE OF 214.00 FEET TO THE
POINT OF BEGINNING AND CONTAINING SAID 1.295 ACRES (56,408 SQUARE
FEET) OF LAND.
1.125 ACRES (49,000 SQUARE FEET) OF LAND BEING ALL OF BLOCK 25 OF
INSTITUTE PLACE, A SUBDIVISION OF HARRIS COUNTY, TEXAS, AS
RECORDED IN VOLUME 4, PAGE 32 OF THE MAP RECORDS OF HARRIS
COUNTY, TEXAS, SAID 1.125 ACRES BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT FOR NORTHWEST CORNER AND BEING THE
SOUTHEAST INTERSECTION OF SAID HEPBURN STREET (60 FEET WIDE)
AND ALMEDA ROAD (160 FEET WIDE), FROM WHICH A 1 INCH IRON PIPE
FOUND BEARS NORTH 88 DEGREES 49 MINUTES EAST, 2.7 FEET;
THENCE SOUTH 72 DEGREES 36 MINUTES 37 SECONDS EAST, ALONG THE
SOUTH RIGHT-OF-WAY LINE OF SAID HEPBURN STREET, A DISTANCE OF
7
243.10 FEET TO A 5/8 INCH IRON ROD SET FOR THE NORTHEAST CORNER OF
THE HEREIN DESCRIBED TRACT;
THENCE SOUTH 22 DEGREES 17 MINUTES 53 SECONDS WEST, ALONG THE
WEST LINE OF SAID I&NRR CO RIGHT-OF-WAY (100 FEET WIDE), A
DISTANCE OF 214.58 FEET TO A 5/8 INCH IRON ROD SET FOR SOUTHWEST
CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE NORTH 72 DEGREES 36 MINUTES 37 SECONDS WEST, ALONG THE
NORTH RIGHT-OF-WAY LINE OF SAID PA WNEE STREET (60 FEET WIDE), A
DISTANCE OF 215.30 FEET TO A 3/4 INCH IRON PIPE FOUND FOR SOUTHEAST
CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE NORTH 14 DEGREES 51 MINUTES 41 SECONDS EAST, ALONG THE
EAST LINE OF SAID ALMEDA ROAD, A DISTANCE OF 214.00 FEET TO THE -
POINT OF BEGINNING AND CONTAINING SAID L 125 ACRES (49,000 SQUARE
FEET) OF LAND.
TRACT I:
BEING A 0.5592 ACRE (24360 SQ. FEET) TRACT OF LAND BEING LOTS 3
THROUGH 7 IN BLOCK 23 OF INSTITUTE PLACE A SUBDIVISION IN HARRIS
COUNTY, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN
VOLUME 4, PAGE 32 OF THE HARRIS COUNTY MAP RECORDS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A SET 5/8 INCH IRON ROD IN THE SOUTH RIGHT-OF-WAY
LINE OF MYRTLE STREET (60.00 FEET WIDE) AS PLATTED AND THE NORTH
WEST CORNER OF LOT 7, BLOCK 23 OF SAID SUBDIVISION;
THENCE SOUTH 72 DEGREES 36 MINUTES 37 SECONDS EAST, ALONG THE
SOUTHERLY LINE OF SAID MYRTLE STREET, A DISTANCE OF 239.41 FEET
TO A SET 518 INCH IRON ROD FOR THE NORTH EAST CORNER OF LOT 3 AND
THE NORTH EAST OF THE HEREIN DESCRIBED TRACT FOR CORNER;
THENCE, SOUTH 17 DEGREES 23 MINUTES 23 SECONDS WEST, ALONG THE
EAST LINE OF LOT 3, A DISTANCE OF 100.00 FEET TO A SET 5/8 INCH IRON
ROD FOR CORNER;
THENCE, NORTH 72 DEGREES 36 MINUTES 37 SECONDS WEST ALONG THE
SOUTH LINE OF LOTS 3 THROUGH 7, A DISTANCE OF 247.64 FEET TO A SET
5/8 INCH IRON ROD FOR CORNER;
THENCE, ALONG THE WEST LINE OF LOT 7 BEING A CURVE HAVING A
RADIUS OF 11434.47 FEET, AN ARC LENGTH OF 100.34 FEET, A CENTRAL
ANGEL OF 0 DEGREES 30 MINUTES 10 SECONDS AND A CHORD BEARING
NORTH 22 DEGREES 05 MINUTES 31 SECONDS EAST, A CHORD DISTANCE OF
100.34 FEET TO THE POINT OF BEGINNING.
TRACT II:
BEING A 0.5794 ACRE (25240 SQ. FEET) TRACT OF LAND BEING LOTS 8
THROUGH 12 IN BLOCK 23 OF INSTITUTE PLACE A SUBDIVISION IN HARRIS
COUNTY, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN
VOLUME 4, PAGE 32 OF THE HARRIS COUNTY MAP RECORDS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT BEING THE NORTH WEST CORNER OF LOT 8,
BLOCK 23 OF SAID SUBDIVISION FROM SAID POINT A FOUND'/. INCH IRON
PIPE BEARS NORTH 22 DEGREES 43 MINUTES EAST 0.53 FEET;
THENCE, SOUTH 72 DEGREES 36 MINUTES 37 SECONDS EAST, ALONG THE
SOUTHERLY LINE OF A 14 FOOT ALLEY, A DISTANCE OF 248.72 FEET TO A
SET 5/8 INCH IRON ROD FOR THE NORTH EAST CORNER OF LOT 12 AND THE
NORTH EAST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE, SOUTH 17 DEGREES 23 MINUTES 23 SECONDS WEST, ALONG THE
EAST OF LOT 12, A DISTANCE OF 100.00 FEET TO A FOUND 5/8 INCH IRON
ROD FOR CORNER;
THENCE, NORTH 72 DEGREES 36 MINUTES 37 SECONDS WEST ALONG THE
NORTHERLY RIGHT-OF-WAY LINE OF HEPBURN STREET, A DISTANCE OF
255.94 FEET TO A POINT, FROM WHICH A FOUND 5/8 INCH IRON ROD BEARS
SOUTH 72 DEGREES 35 MINUTES EAST 0.55 FEET;
THENCE, ALONG THE WEST LINE OF LOT 8 BEING A CURVE HAVING A
RADIUS OF 11434.47 FEET, AN ARC LENGTH OF 100.26 FEET, A CENTRAL
ANGLE OF 0 DEGREES 30 MINUTES 09 SECONDS AND A CHORD BEARING
NORTH 21 DEGREES 31 MINUTES 09 SECONDS EAST A CHORD DISTANCE OF
100.26 FEET TO THE POINT OF BEGINNING.
TRACT III:
BEING A 0.2124 ACRE (9250 SQ. FEET) TRACT OF LAND BEING PART OF LOT I
AND 2 IN BLOCK 26 OF INSTITUTE PLACE A SUBDIVISION IN HARRIS
COUNTY, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN
VOLUME 4, PAGE 32 OF THE HARRIS COUNTY MAP RECORDS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH RIGHT-OF-WAY LINE OF HEPBURN
STREET (60.00 FEET WIDE) AS PLATTED AND THE NORTH EAST CORNER OF
LOT 1, BLOCK 26 OF SAID SUBDIVISION FROM WHICH A FOUND I INCH
IRON PIPE BEARS NORTH 49 DEGREES 03 MINUTES EAST 1.99 FEET:
THENCE, SOUTH 17 DEGREES 23 MINUTES 23 SECONDS WEST, ALONG THE
WESTERLY LINE OF HOWARD STREET, A DISTANCE OF 100.00 FEET TO A
SET 5/8 INCH IRON ROD FOR THE SOUTH EAST CORNER OF LOT I AND THE
SOUTH EAST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE, NORTH 72 DEGREES 36 MINUTES 37 SECONDS WEST, ALONG THE
SOUTH LINE OF LOTS 1 AND 2, A DISTANCE OF 90.00 FEET TO A FOUND 518
INCH IRON ROD FOR THE MOST SOUTHERLY SOUTHWEST CORNER;
THENCE, NORTH 17 DEGREES 23 MINUTES 23 SECONDS EAST ACROSS LOT 2,
A DISTANCE OF 75.00 FEET TO A FOUND 5/8 INCH IRON ROD FOR CORNER;
THENCE, NORTH 72 DEGREES 36 MINUTES 37 SECONDS WEST, ACROSS LOT
2 A DISTANCE OF 10.00 FEET TO A FOUND 5/8 INCH IRON ROD FOR CORNER;
THENCE, ALONG THE WEST LINE OF LOT 2 NORTH 17 DEGREES 23 MINUTES
23 SECONDS EAST A DISTANCE OF 25.00 FEET TO A POINT FOR THE
NORTHWEST CORNER OF LOT 2 AND THE NORTHWEST CORNER OF THE
HEREIN DESCRIBED TRACT FROM WHICH A FOUND 5/8 INCH IRON ROD
BEARS NORTH 48 DEGREES 16 MINUTES EAST 0.32 FEET.
THENCE, SOUTH 72 DEGREES 36 MINUTES 37 SECONDS EAST ALONG THE
NORTH LINE OF LOTS I AND 2 A DISTANEC OF 100.00 FEET TO THE POINT OF
BEGINNING.
TRACT IV:
BEING A 0.8468 ACRE (36,888 SQ. FEET) TRACT OF LAND BEING LOTS 8
THROUGH 14 IN BLOCK 26 OF INSTITUTE PLACE A SUBDIVISION IN HARRIS
COUNTY, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN
VOLUME 4, PAGE 32 OF THE HARRIS COUNTY MAP RECORDS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A SET 5/8 INCH IRON ROD IN AT THE NORTH WEST CORNER
OF LOT 8, BLOCK 26 OF SAID SUBDIVISION;
THENCE, SOUTH 72 DEGREES 36 MINUTES 37 SECONDS EAST, ALONG THE
SOUTHERLY LINE OF A 14 FOOT ALLEY, A DISTANCE OF 366.40 FEET TO A
SET 518 INCH IRON ROD FOR THE NORTHEAST CORNER OF LOT 14 AND THE
NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE, SOUTH 17 DEGREES 23 MINUTES 23 SECONDS WEST, ALONG THE
EAST LINE OF LOT 14, A DISTANCE OF 100.00 FEET TO A SET 5/8 INCH IRON
ROD FOR CORNER;
10
THENCE, NORTH 72 DEGREES 36 MINUTES 37 SECONDS WEST ALONG THE
NORTHERLY LINE THE RIGHT-OF-WAY OF PA WNEE STREET, A DISTANCE
OF 371.21 FEET TO A SET 5/9 INCH [RON ROD FOR CORNER;
THENCE, ALONG THE WEST LINE OF LOT S BEING A CURVE HAVING A
RADIUS OF 11434.47 FEET, AN ARC LENGTH OF 100.12 FEET, A CENTRAL
ANGLE OF 0 DEGREES 30 MINUTES 06 SECONDS AND A CHORD BEARING
NORTH 20 DEGREES 08 MINUTES 37 SECONDS EAST A CHORD DISTANCE OF
100.12 FEET TO THE POINT OF BEGINNING.
[,ANNA RUSSELL, City Secretary of the City of Houston, Texas, do hereby certify that
the within and foregoing is a true and correct copy of Ordinance No. 2010-1029, passed and
adopted by the City Council on the 15th day of December, 2010, as the same appears in the
records in my office.
WITNESS my hand and the Seal of said City this 20th day of December, 2010
Anna Russell
City Secretary of the City of Houston