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HomeMy WebLinkAbout027589 ORD - 02/19/2008Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 24,638.46 SQUARE FOOT PORTION OF THE WHATABURGER WAY PUBLIC RIGHT-OF-WAY, LOCATED BETWEEN THE GOLLIHAR ROAD AND MILDRED DRIVE STREET RIGHTS-OF-WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Whataburger Restaurants, L.P. is requesting the abandonment and vacating of a 24,638.46 square foot portion of the Whataburger Way public right-of-way, located between the Gollihar Road and Mildred Drive street rights-of-way to accommodate the planned growth and expansion of its home base office building over the existing public street right-of-way; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, February 12, 2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the public right-of-way, subject to the provisions below. (Exhibit) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 24,638.46 square foot portion of the Whataburger Way public right- of-way, located between the Gollihar Road and Mildred Drive street rights-of-way, as recorded in Volume 22, Page 56 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public right-of-way is conditioned as follows: 1) Owner pay the fair market value of $79,955 within 30 days of adoption of the street closure ordinance for the abandonment and vacating of the 24,638.46 square foot portion of the Whataburger Way public street right-of-way; 2) Owner must provide a Traffic Impact Analysis (TIA) report to the City Traffic Engineering Department for review and approval; 3) Owner must provide only two driveways to Gollihar Road, two driveways to Staples and closure of the existing driveway on Everhart Road. 4) Upon approval by Council and issuance of the ordinance, all grants of street closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up-to-date survey, abstracted for all 027589 H:1LEG-DIR1SharedlGarySlagenda1200812-121ORD-abandon-vacate ROW -W hataburgerWay. doc INDEXED % Page 2 of 3 easements and items of record, must be submitted to the Assistant City Manager of Development Services. H:1LEG-DIR\Shared\GarySlagenda1200812-121ORD-abandon-vacateROW WhataburgerWay.doc Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the I >i÷ day of �e.b�..•�� , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon That the f regoing ordinance was read for the second time and passed finally on this the 19 -ma day of , 2008, by the following vote: Henry Garrett Aly. Priscilla G. Leal Melody Cooper_U( John E. Marez Larry Elizondo, Sr. 4 k St Nelda Martinez Mike Hummell M%t-iT Bill Kelly _Alf_ PASSED AND APPROVED, this the I -! day of Michael McCutchon/41 Armando Chapa City Secretary APPROVED as to form: February 4, 2008 By: 0 1,611‘au Ga rjr W. Smith Assistant City Attorney For City Attorney Edo , 2008. Henry Garre Mayor 027589 EFFECTIVE DATE Da J5IOq H:ILEG-DIR1Shared\GarySlagenda1200812-121ORD-abandon-vacateROW WhataburgerWay.doc 0 U cv U o a� C C 0. Npp ok p lV Z d . 10 73 lo o o 10 rMOM� N Ul t1) t•1 92 92�4D Q�I-J / 'or / J 0 / U .oc .oc a I. ua 3.1! Gd '09 M.O£1 • .9ZS N 0 o O N o onC06- col -5 0' 048800c II * 2 a.= r}a w r'' m D U} O Z '• Z i a�r1Q pa�p��y� Q m go ocnoccrko c / Zv c ; 7Z_ c c — p:• a3 <62A g t mZji: O ,� �� • ~ U J m / w 0 s 4 m 0 •04- cJ U .IX .0£ Q .14u` 0 ▪ 0 t " •.09 M 0£,s £ S anwa pGJP WI 1 a a r o N 0 O • p N O Cr; a:0 u. L5 cv�pppsnc a=II't' 2 m.o zLJ 4t ra aoor can cn zz Q W in W z-§ h 12L6 Z —DWa o, s 8 a-; 0 ir sAu0 FINN .09 .9ZS 0 0 /-7 0 z LU COLL4,0 In514 w v oo tginS co jAal NZ gt O r � 3 /p i �� H�oae NOW `JNyLSnn IIIMMIIINE 1WiriLmi •11:1111 . 000 - NIllO0 , r 11140ManWA(WIILIPiI I W 4i '1111511 5 ..,04„. ___.,..1 pm" 8'• Wid roam liraiiMuia wiwzm_ AfiJ.Ml an glar 1 N d7oo _l� Nat W -�� 319VY1 1 � A600 6 d lir � armLIP w� itt r ,: NV9i1{1 u00 NNd p{' _ warNCH emicamans.=z2 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT 60430 } CITY OF CC } Ad # 5836377 PO # 0215661 Before me, the undersigned, a Notary Public, this day personally came CRIS HURTADO, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricia, Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING which the annexed is a true copy, was inserted in the Corpus Christi Caller -Tames on the 28th of January, 2008. i $154.95 1Time(s) On this -NIL IL day a , 2 MI certify that the attached document is a true and an exact copy ma by publisher. • "' 'IA WENN J. MEDINA {`t 1 MY COMMISSION EXPIRES ' Augusr 2, 2008 Public, State of Texas January 28, 2008 NOTICE OF PUBLIC HEARING • Whereas; application' having been filed with the City Council of the City of Corpus Christi, Texas, to Consider the closure and abandon. ment of the following public street right -0- way:a 24,838.48- square 4,838.4&square loot portion of • the Whataburger Way public street to com.pB- ance with the specified conditions.. NOW, THEREFORE, NOTICE 18 HEREBY GIVEN THE PUBLIC: That a public. hearing on Bald application(e) to consider the closure and abandonment will . be held by the Clty Council in the Council - Chambers of City Hall, 120 f: Leopard, tnp,e City of Corpus Chttstf, Texas on Tueada , February12,2008 after 10:0 a.m. during the -regular Council • meeting; .at *NO Vine- , and place all persons and parties and/or their Agents May ap• peat and'be heard by the said OttyCounclL Effective on January 28, 2008. • A/Arrriando C ape C CitY of Corpus