AGENDA CAPTION:
Title
Consider approval of Ordinance 2022-83, on the first of two readings, approving the abandonment and release of all or portions of various streets, easements and alleyways, including portions of Loquat Street and Locust Street, to Texas State University in exchange for the conveyance by Texas State University of certain real property interests in connection with the Sessom Creek Improvements Project (Phase 2); authorizing the City Manager, or her designee, to execute the appropriate conveyance instruments to and from Texas State University, subject to approval of the forms thereof by the City Attorney; and declaring an effective date.
Body
Meeting date: September 20, 2022
Department: Engineering and CIP
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Fiscal Note:
Prior Council Action: Prior Council Action: August 21, 2018 (Direction to keep Loquat open) and November 3, 2021 (Executive Session - negotiate ILA with TxST and bring back discussion to Council)
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Background Information:
If Council approves the interlocal agreement (ILA) with Texas State for the land swap in the vicinity of Sessom Creek and the closure of Loquat, then an ordnance is required to formally abandoned the existing ROW and easements as shown the ILA.
As part of the Sessom Creek Improvements Project (Phase 2), the City must stabilize Canyon Road where Sessom Creek crosses under Loquat Street. The Edwards Aquifer Habitat Conservation Plan (EAHCP) design team has requested that the City consider removing the portion of Loquat Street that crosses Sessom Creek as an alternative to rebuilding the intersection.
The City has already initiated Phase 1 of the Sessom Creek project, In order to complete Phase 2, the City will require right-of-way (ROW) from Texas State. Texas State has agreed to donate the needed ROW for Phase 2 at no cost to the City if the City closes Loquat Street as part of a larger land swap agreement.
As shown in the previous item’s presentation, City staff has negotiated a land swap that provides an additional creek protection buffer for Sessom Creek, removes the dangerous low water crossing at Loquat Street by closing the road, and establishes a building setback from the neighborhood.
If Council approved the ILA, City staff recommends approval of the abandoned ROW and easement as shown in the attached exhibit.
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