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
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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
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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
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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