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File #: 14-2178   
Type: Street Closures
In control: City Council A Session
On agenda: 11/13/2014
Posting Language: An Ordinance authorizing the closure, vacation, and abandonment of an approximately 0.084-acre unimproved portion of Overlook Loop located at the southwest corner of Bulverde Road and Overlook Loop, in Council District 10, as requested by HEB Grocery Company, LP. and waiving fees in exchange for the dedication of four parcels of land with a higher value to the City of San Antonio for the 2007-2012 Bulverde Road Bond Project. [Peter Zanoni, Deputy City Manager; Mike Etienne, Director, EastPoint & Real Estate Services Office]
Attachments: 1. Exhibit A, 2. Map of Closure and Dedications, 3. Draft Ordinance, 4. Ordinance 2014-11-13-0910
DEPARTMENT: EastPoint & Real Estate Services      
  
DEPARTMENT HEAD: Mike Etienne
      
COUNCIL DISTRICTS IMPACTED: 10
SUBJECT: Disposition: Closure of an unimproved portion of Overlook Loop
SUMMARY:
 
An ordinance authorizing the closure, vacation, and abandonment of an unimproved portion of Overlook Loop, a public right of way adjacent to NCB 17727, located at the southwest corner of Bulverde Road and Overlook Loop in Council District 10, as requested by HEB Grocery Company, LP.
BACKGROUND INFORMATION:
 
HEB Grocery Company, LP (Petitioner) is requesting the closure, vacation and abandonment of an unimproved portion of public right of way adjacent to NCB 17727 along Overlook Loop in City Council District 10, as shown on attached Exhibit "A." The proposed closure consists of 0.084 of an acre or 3,671 square feet. Petitioner owns the abutting property to south of the proposed closure and is the only abutting property owner.  The proposed closure is located at the southwest corner of Bulverde Road and Overlook Loop. During the design phase of the 2007-2012 Bulverde Road Bond Project, the engineers decided to re-align Overlook Loop to line up the intersecting roadways on both sides of Bulverde Road.  The City of San Antonio agreed to close a portion Overlook Loop so that Petitioner's property would be aligned with the new intersection at Bulverde Road.  
 
Petitioner has agreed to dedicate four parcels of land to City of San Antonio at no cost along the Bulverde Road frontage to the City of San Antonio in conjunction with the 2007-2012 Bond Program for the Bulverde Road Project completed on April, 2014.  The four parcels consist of 0.22 an acre or 9,819 square feet. Ordinances 2009-05-07-0350 and 2010-04-01-0260 authorized the City of San Antonio to acquire the four parcels of land. The acquisition of the four parcels of land will be finalized upon approval of the Overlook Loop Public Right of Way closure by City Council.
 
ISSUE:
 
This ordinance will authorize the closure, vacation, and abandonment of an unimproved portion of Overlook Loop Public Right of Way adjacent to NCB 17727, located at the southwest corner of Bulverde Road and Overlook Loop in Council District 10, as requested by Grocery Company, LP.  During the design phase of the 2007-2012 Bulverde Road Bond Project, the engineers ensured that both intersecting access points aligned across from each other on both sides of Bulverde Road including the future road of Overlook Loop west of Bulverde Road and the future driveway east of Bulverde Road.  In order to accomplish the alignment the City of San Antonio agreed to close, vacate and abandon a portion of Overlook Loop.  HEB has agreed to dedicate right of way along the north side of Overlook Loop during the re-platting process to achieve a 70-foot wide right of way as required by the Unified Development Code.
 
This action is consistent with City Code and Ordinances relative to closing Public Rights of Way.
 
ALTERNATIVES:
 
The closure, vacation and abandonment of an unimproved portion of Overlook Loop will allow Petitioner to align Overlook Loop with the intersection of Bulverde Road and Overlook Loop. City Council could chose not approve this item; however, disapproval of this request would disallow Petitioner from aligning Overlook Loop Public Right of Way with the intersection of Bulverde Road and Overlook Loop.
FISCAL IMPACT:
 
The fee established for this street closure is $33,000.00 based on an independent professional appraisal conducted by Dugger, Canaday, Grafe, Inc. on July 30, 2013. HEB Grocery Company, LP will dedicate four parcels of land to the City of San Antonio at no cost.  The assessed values of the four parcels which Petitioner will dedicate to the City of San Antonio at no cost have an assessed value of $88,371.00.  The assessed value of the four parcels to be dedicated to the City of San Antonio outweighs the assessed value of the proposed closure. Staff recommends that the unimproved portion of Overlook Loop be conveyed to HEB Grocery Company, LP at no cost.  
RECOMMENDATION:
 
Staff recommends approval of the closure, vacation and abandonment of an unimproved portion of public right of way located at Overlook Loop and to waive the fee of the closure since HEB Grocery Company, LP will dedicate four parcels of land to the City of San Antonio at no cost.
 
The City of San Antonio's Planning Commission will consider this request to close, vacate and abandon  an unimproved portion of Overlook Loop at its regular meeting on October 8, 2014.