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File #: 13-1244   
Type: Real Property Sale
In control: City Council A Session
On agenda: 1/30/2014
Posting Language: An Ordinance authorizing the closure of a 4.0908 acre improved portion of Callaghan Road, NCB 11493, located in Council District 6 and 7, a city-initiated request as part of the 2007-2012 Bond Program. [Peter Zanoni, Deputy City Manager; Mike Etienne, Officer, EastPoint and Real Estate]
Attachments: 1. Exchange Agreement_COSA_SwRI_CPS.pdf, 2. Exe LofA.pdf, 3. Revised survey 4.0908 acre.pdf, 4. Callaghan Map.pdf, 5. Draft Ordinance, 6. Ordinance 2014-01-30-0051
DEPARTMENT: Eastpoint & Real Estate Services Office      
 
 
DEPARTMENT HEAD: Mike Etienne
      
      
COUNCIL DISTRICTS IMPACTED: 6 and 7
 
 
SUBJECT: Disposition:  ROW closure (improved portion of Callaghan Road)
 
SUMMARY:
 
Consideration of an ordinance authorizing the closure of a 4.0908 acre improved portion of Callaghan Road, NCB 11493, located in Council Districts 6 and 7, a city-initiated request as part of the 2007-2012 Bond Program.
 
Callaghan Road (Culebra to Commerce) was a project authorized under the 2007-2012 Bond Program.  The project provided for widening and reconstruction of Callaghan Road from Culebra Road to Commerce Street, to include dual turn lanes, multi-use path for pedestrians and cyclists, sidewalks, curbs, driveway approaches, and necessary drainage and traffic signal improvements.  The drainage work included the construction of a new storm drain system, culverts, and a drainage channel along Callaghan Road.
 
Reconstruction included the removal of an "S" curve on Callaghan Road through realignment.  It was necessary to acquire property from Southwest Research Institute (SwRI).  SwRI agreed to convey the property necessary for the realignment in exchange for the 'old' portion of Callaghan once the construction was complete.  The city and SwRI entered into an Exchange Agreement on April 4, 2011 in which the parties agreed to the terms of the exchange.  SwRI conveyed 4.2713 acres to the city as part of the Callaghan reconstruction project.  The city completed the reconstruction of the road, and now the city requests the closure, vacation and abandonment of a 4.0908 acre improved portion of Callaghan Road located within NCB 11493.  SwRI owns the abutting property, so as the underlying fee owner, the 4.0908 acre tract can be incorporated into its campus.
 
BACKGROUND INFORMATION:
 
This ordinance will authorize the closure of a 4.0908 acre improved portion of Callaghan Road, NCB 11493, located in Council Districts 6 and 7, a city-initiated request as part of the 2007-2012 Bond Program.
 
The closure is the final phase to complete this 2007 Bond Project.  Southwest Research Institute conveyed property to the city to complete the project.  The parties entered into an agreement which in return for the property from SwRI, the city would close its interest in the old portion of Old Callaghan so the property could be incorporated by SwRI for its campus.  Construction is complete, so the city requests the closure, vacation and abandonment of a 4.0908 acre improved portion of Callaghan Road in NCB 11493.
 
ISSUE:
 
Consideration of an ordinance authorizing the closure of a 4.0908 acre improved portion of Callaghan Road, NCB 11493, located in Council Districts 6 and 7, a city-initiated request as part of the 2007-2012 Bond Program.
 
This is the final phase of an authorized 2007-2012 General Obligation Bond Project that provides for the widening and reconstruction of Callaghan Road from Culebra Road to Commerce Street.  Reconstruction included removal of an "S" curve on Callaghan Road.  
 
To realign the road, it was necessary to acquire property from the Southwest Research Institute (SwRI).  The city entered into an Exchange Agreement with SwRI on April 4, 2011 that in return for the property necessary for the realignment, the city would close the old portion of Callaghan when construction was complete so it could be incorporated into Southwest Research Institute's campus.
 
The construction is complete, so the city requests the closure, vacation and abandonment its interest in a 4.0908 acre improved portion of Callaghan Road in NCB 11493 per the Exchange Agreement.  The Southwest Research Institute plans to incorporate the right-of-way into its campus.
 
ALTERNATIVES:
 
City Council could choose not to close, vacate and abandon an unimproved portion of Callaghan Road, however that would be a breach of the agreement by the city, and Southwest Research Institute would seek remedy.
 
FISCAL IMPACT:
 
This is a city-initiated street closure which will have no financial impact associated with this action.  In addition, per the Exchange Agreement dated April 4, 2011 there is no financial impact for this closure.  Southwest Research Institute agreed to convey 4.2713 acres to the city for the Callaghan Road (Culebra to Commerce) project in exchange for a 4.0908 acre improved portion of Callaghan Road, SwRI is the underlying fee owner of the right-of-way, so SwRI retains ownership of the property when the city releases its interest in utilizing the property as a right-of-way.
 
RECOMMENDATION:
 
Staff recommends approval of the closure, vacation and abandonment of a 4.0908 acre improved portion of Callaghan Road.
 
The City of San Antonio's Planning Commission reviewed this request to close, vacate and abandon a 4.0908 acre improved portion of Callaghan Road at its regular meeting on January 22, 2013.
 
In accordance with Municipal Code, letters were sent to property owners within a 500' radius, and signs were posted at the proposed closure to notify the public of the proposed closure and dates of public hearings.