Authorize Conveyance of Rosedale Street Right-of-Way between Riverside Drive to US Highway 287 to the State of Texas Pursuant to Texas Transportation Code Section 203.055(c) and Accept the Donation of Rosedale Street Right-of-Way between Interstate Highway 35W and Riverside Drive from the State of Texas (COUNCIL DISTRICTS 8 and 9)

It is recommended that the City Council:

1.  Authorize the conveyance of Rosedale Street right-of-way between Riverside Drive to US Highway 287 to the State of Texas pursuant to Texas Transportation Code Section 203.055(c);

2.  Find that the terms of the conveyance are reasonable and fair;

3.  Authorize the acceptance of Rosedale Street right-of-way between Interstate Highway 35W and Riverside Drive from the State of Texas; and

4.  Authorize the City Manager or his designee to execute and record the appropriate instruments to accept the donation and to convey the City-owned land to complete the exchange.

In 2006, the Council adopted a resolution (M&C G-15225, Resolution No. 3361-06-2006) requesting the Texas Transportation Commission remove East Rosedale Street, between IH 35W and Riverside Drive from the US/State Highway System.  Subsequently, in 2010, Council adopted a Resolution (M&C G-16946, Resolution No. 3908-07-2010) requesting the Texas Transportation Commission to add portions of Rosedale Street between US Highway 287 and Riverside Drive to the US Highway Business Route System.

The purpose of this M&C is to authorize the transfer and exchange of the two segments of East Rosedale Street; the first by accepting the dedication of the segment of East Rosedale between IH 35W and Riverside Drive from the State (TxDOT); and the second by authorizing the transfer to the State (TxDOT) of the segment of East Rosedale Street owned by the City between Riverside Drive and US Highway 287.

Both parties agree that a land exchange is needed and have adopted resolutions and minute orders documenting the intent to do so.  The land will continue to be used for right-of-way purposes.  Therefore, it has been determined that the right-of-way vacation process is not required.  The City may retain utility easements needed for existing infrastructure, if any.  TxDOT will maintain the property conveyed to them by the City and the City will continue to maintain the segment removed from the State system and donated to the City.

The City is conveying its property to TxDOT pursuant to Texas Transportation Code Section 203.055(c), which allows the City to convey property directly to TxDOT on terms the City determines are reasonable and fair.  In exchange for the land conveyed by the City, TxDOT will donate and convey to the City land it owns as previously detailed.  No mineral interest will be conveyed in the transfers.  The land being exchanged is described in the attached exhibit.

This contract will be with a governmental entity, state agency or public institution of higher education:  (State of Texas).