DEPARTMENT: Transportation and Capital Improvements
DEPARTMENT HEAD: Mike Frisbie, PE
COUNCIL DISTRICTS IMPACTED: Council District 6
SUBJECT:
Acquisition: Property for the Developer Participation Shaenfield Road Extension Project in relation to Citywide Bridge Program - Shaenfield Road Bridge Project
SUMMARY:
An ordinance authorizing the acquisition, through negotiation or condemnation of 0.399 acres (approximately 17,371 square feet ) of interest in land, in a portion of one parcel of privately-owned real property located in NCB 17636, for the construction of the Developer Participation Shaenfield Road Extension Project in connection to the 2012 - 2017 General Obligation Bond funded Citywide Bridge Program (Shaenfield Road Bridge) Project located in Council 6 District; and, declaring it to be a public use project for the acquisition. The Developer (FCS Creamer, Ltd) will pay for all expenses related to the acquisition of the real property, associated litigation expenses and title fees.
Pursuant of enacted Texas Senate Bill 18 (SB "18"), this item requires City Council to initiate a motion authorizing the use of power of eminent domain.
BACKGROUND INFORMATION:
Project Background
On June 23, 2011, City Council approved a Developer Participation Agreement with FCS Creamer, Ltd. through Ordinance 2011-06-23-0595. As part of the final negotiated agreement terms, the Developer (FCS Creamer, Ltd.) agreed to design and construct the road extension of Shaenfield Road and the City agreed to design and construct a bridge for Shaenfield Road crossing Helotes Creek as part of their 2012 - 2017 bond funded Citywide Bridge Program.
The Citywide Bridge Program Shaenfield Road Bridge Project will construct a new bridge crossing Helotes Creek, from the Northwest Crossing Subdivision to the developer-extended portion of Shaenfield Road. This Project will construct a four lane bridge, for a total length of 500-linear feet, and will include six-foot sidewalks, five-foot bike lanes, illumination and a driveway approach for a trailhead, to be constructed by the Parks and Recreation Department in FY-15. This Project will connect the neighborhood via the existing Terra Oak Right of Way to Loop 1604 providing secondary access to the surrounding neighborhood. Project construction is anticipated to begin June 2014 and estimated to be completed by January 2015.
The subject property is needed in order for the Developer to complete construction of the Shaenfield Road extension, which will provide for continuous connectivity from 1604 to Terra Oaks.
ISSUE:
This ordinance authorizes the acquisition of 0.399 acres (approximately 17,371 square feet) of land, through negotiation or condemnation, in a portion of one parcel of privately-owned real property located in NCB 17636, for the construction of the Developer Participation Shaenfield Road Extension Project in connection to the 2012 - 2017 General Obligation Bond funded Citywide Bridge Program (Shaenfield Road Bridge) Project located in Council 6 District; and, declaring it to be a public use project for the acquisition. The Developer (FCS Creamer, Ltd) will pay for all expenses related to the acquisition of the real property, associated litigation expenses and title fees.
The real property is currently owned by a Home Owners Association (HOA). Under HOA rules, a 2/3 vote of all residents is required to approve the sale of this property. The HOA has been unsuccessful in acquiring the 2/3 required quorum, therefore, the City of San Antonio will proceed with a condemnation which will allow the HOA Officers to act on behalf of the HOA to approve the sale of the real property to the City of San Antonio.
Property acquisition is a required component to complete the Developer Participation Agreement with FCS Creamer, Ltd. and Citywide Bridge Program Shaenfield Road Project to provide for continuous connectivity from 1604 to Terra Oaks. Through this action, City Council authorizes the acquisition of 17,371 square feet of privately-owned real property, located in NCB.17636 through friendly condemnation.
ALTERNATIVES:
City Council could not approve this acquisition needed for completion of this Project; however, such action would result in a re-design of this Project which could be more costly.
FISCAL IMPACT:
There is no fiscal impact to this item as the developer (FCS Creamer, Ltd.) will pay all fees associated with the acquisition.
RECOMMENDATION:
Staff recommends approval of ordinance authorizing the acquisition, through condemnation, of interests in land sufficient for project purposes in a portion of one parcel of privately-owned real property located in Council District 6 for the Developer Participation Agreement with FCS Creamer, Ltd. and the Citywide Bridge Program-Shaenfield Road Project.