Res 2009-036 - Laserfiche WebLink

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San Marcos Street Rights -of -Way Parcels rev 03 -18 -09 As of the date of this Restrictive Covenant, the record owner of fee title to the Property is the City of San Marcos (Owner) with an address of 630 East Hopkins, San Marcos, Texas, 78666. In consideration of the Response Actions by the TCEQ, 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. Exposure to the shallow groundwater bearing unit underlying the Affected Property for any purpose other than an emergency condition as described in item 2, below, or activities or repairs under item 3 below, is prohibited until such time when all the chemicals of concern no longer exceed their respective protective concentration levels. The shallow groundwater bearing unit is the first saturated zone encountered below the ground surface. Any modification of this restrictive covenant or any activity that will cause exposure to the shallow groundwater bearing unit underlying the Affected Property is prohibited without obtaining the prior written approval of the TCEQ. 2. TCEQ acknowledges that Owner may have need to conduct emergency repairs to street, drainage improvement, electric utility, water distribution or wastewater collection infrastructure on or within the Property which is located within the shallow groundwater bearing unit. When the need for an emergency repair arises, which if delayed to allow advance notice and approval by TCEQ would cause an endangerment to public health or welfare. Owner may proceed with such emergency repair provided that: a. Owner implements all procedures it deems reasonably necessary to protect workers and the public from adverse health effects associated with potential exposure to the contaminated shallow groundwater and volatile emissions therefrom; and, b. Owner notifies the TCEQ as soon as practicable of the emergency activity which exposed the shallow groundwater; and, C. Owner implements procedures such as erecting barricades and warning signs to prevent public contact with the any shallow groundwater that may be exposed; and, d. Owner will, when practicable capture and contain, for testing prior to disposal, potentially contaminated groundwater which must be removed from the subsurface to facilitate an emergency repair; however, when capture is not practicable, the Owner will endeavor to maximize overland flow, aeration and volatilizing of contaminants from the exposed shallow groundwater prior to allowing such groundwater to enter any surface waterway. When Owner implements the procedures described above in response to an emergency repair as defined herein, Owner will be deemed to not be in violation of the terms of this Restrictive Covenant. 3. TCEQ acknowledges that Owner may need to conduct non - emergency maintenance activities and repairs to street, drainage improvement, electric utility, water distribution or wastewater collection infrastructure on or within the Property which may expose the shallow groundwater within the shallow groundwater bearing unit. When the need for any such Page 2 of 5