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Legislation #: 900556 Introduction Date: 10/11/1990
Type: Ordinance Effective Date: 11/18/1990
Sponsor: None
Title: Widening Bannister Road from Interstate 435 to White Avenue; widening Marion Park Drive from Bannister Road to a point 950 feet south of the centerline of Bannister Road; widening Hillcrest Road from Bannister Road to a point 650 feet south of the centerline of Bannister Road; declaring said streets to be business streets; establishing the width of roadways; establishing street grades and authorizing the grading thereof; condemning private property for street purposes and temporary construction easements; and providing for payment of just compensation therefore in Kansas City, Jackson County, Missouri.

Legislation History
DateMinutesDescription
10/10/1990

Prepare to Introduce

10/11/1990

Referred Audit And Operations Committee

10/17/1990

Do Pass as a Committee Substitute

10/18/1990

Assigned to Third Read Calendar

10/25/1990

Re-Referred Audit And Operations Committee

10/31/1990

Do Pass as a Second Committee Substitute

11/1/1990

Assigned to Third Read Calendar

11/8/1990

Passed


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SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 900556

 

Widening Bannister Road from Interstate 435 to White Avenue; widening Marion Park Drive from Bannister Road to a point 950 feet south of the centerline of Bannister Road; widening Hillcrest Road from Bannister Road to a point 650 feet south of the centerline of Bannister Road; declaring said streets to be business streets; establishing the width of roadways; establishing street grades and authorizing the grading thereof; condemning private property for street purposes and temporary construction easements; and providing for payment of just compensation therefore in Kansas City, Jackson County, Missouri.

..P

WHEREAS, the Council finds that for the public good, it is deemed necessary that Bannister Road from Interstate 435 to White Avenue, Marion Park Drive from Bannister Road to a point 950 feet south of the centerline of Bannister Road, and Hillcrest Road from Bannister Road to a point 650 feet south of the centerline of Bannister Road, should be widened and established as business streets, and the grading thereof authorized; and

 

WHEREAS, the Council further finds the Director of Public Works, as evidenced by his Declaration of Necessity No. 4873, adopted and entered October 5, 1990, has caused the plans and specifications for the said improvements to be prepared and it also determined that certain lands and easements, all herein described, must be acquired in connection with the making of the improvements provided for and authorized herein; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. Widening. That Bannister Road from Interstate 435 to White Avenue, Marion Park Drive from Bannister Road to a point 950 feet south of the centerline of Bannister Road, and Hillcrest Road from Bannister Road to a point 650 feet south of the centerline of Bannister Road, all as more fully described in the right of way plans, Public Works File No. 1990-161, which are on file in the office of the Director of Public Works and are incorporated herein by reference, are hereby widened and established as business streets and construction thereof is hereby provided for and authorized.

 

Section 2. Width of Roadways and Sidewalks. The width of the roadways and sidewalks in Bannister Road, Marion Park Drive, and Hillcrest Road, as shown on the plans described hereafter in Section 4 of this Ordinance, within the limits described herein be and the same are hereby established as follows:

 

Bannister Road - Width of Roadway

 

134 feet from Interstate 435 to Marion Park Drive 116 feet from Marion Park Drive to Hillcrest Road Varies from 104 feet at Hillcrest Road to 48 feet at White Avenue
Bannister Road - Width of Sidewalks

 

Southside

 

5 feet from Interstate 435 to Marion Park Drive 6 feet from Marion Park Drive to Drury Avenue 5 feet from Drury Avenue to White Avenue

 

Northside

 

5 feet from Hillcrest Road to White Avenue

 

Marion Park Drive - Width of Roadway

 

62 feet from Bannister Road to a point 480 feet south of the centerline of Bannister Road

 

Varies from 62 feet at a point 480 feet south of the centerline of Bannister Road to 44 feet at a point 950 feet south of the centerline of Bannister Road

 

Marion Park Drive - Width of Sidewalks

 

Westside

 

5 feet from Bannister Road to a point 425 feet south of the centerline of Bannister Road

 

Hillcrest Road - Width of Roadway

 

72 feet from Bannister Road to a point 280 feet south of the centerline of Bannister Road

 

Varies from 72 feet at a point 280 feet south of the centerline of Bannister Road to 38 feet at a point 650 feet south of the centerline of Bannister Road

 

Hillcrest Road - Width of Sidewalks

 

Westside

 

5 feet from Bannister Road to a point 400 feet south of the centerline of Bannister Road

 

Section 3. Establishing the Grades. That the grades on the top of the curbs of Bannister Road from Interstate 435 to White Avenue and on Hillcrest Road from Bannister Road to a point 650 feet south of the centerline of Bannister Road, be and the same are hereby determined and established along a line located and defined by the below listed adjacent grade points on said streets which shall be connected by straight grades (tangents) or vertical curves between such adjacent grade points, the elevations of which are given below in feet, above the City directrix, as follows, to wit:

 

 

South Curb Profile of Bannister Road Elevation

 

At a point 500.12 feet west of the west line of the SE 1/4 of the SE 1/4 of Section 26-48-33 west 203.04

 

At a point 320.12 feet west of the west line of the SE 1/4 of the SE 1/4 of Section 26-48-33 223.82

 

At a point 37.88 feet east of the west line of the SE 1/4 of the SE 1/4 of Section 26-48-33 223.82

 

Except that the grade planes meeting at a point 320.12 feet west of the west line of the SE 1/4 of the SE 1/4 of Section 26-48-33 shall be connected by a vertical curve having a back tangent of 180 feet and a forward tangent of 120 feet in length.

 

At a point 534.88 feet east of the west line of the SE 1/4 of the SE 1/4 of Section 26-48-33 221.47

 

Except that the grade planes meeting at a point 37.88 feet east of the west line of the SE 1/4 of the SE 1/4 of Section 26-48-33 shall be connected by a vertical curve having tangents of 160 feet in length.

 

At a point 634.4 feet west of the east line of the SE 1/4 of Section 26-48-33 220.42

 

At a point 204.4 feet west of the east line of the SE 1/4 of Section 26-48-33 218.66

 

At a point 11.4 feet west of the east line of the SE 1/4 of Section 26-48-33 212.62

 

Except that the grade planes meeting at a point 204.4 feet west of the east line of the SE 1/4 of Section 26-48-33 shall be connected by a vertical curve having tangents of 50 feet in length.

 

At a point 129.6 feet east of the east line of the SE 1/4 of Section 26-48-33 210.54

 


Except that the grade planes meeting at a point 11.4 feet west of the east line of the SE 1/4 of Section 26-48-33 shall be connected by a vertical curve having tangents of 50 feet in length.

 

At a point 291.6 feet east of the east line of the SE 1/4 of Section 26-48-33 211.97

 

Except that the grade planes meeting at a point 129.6 feet east of the east line of the SE 1/4 of Section 26-48-33 shall be connected by a vertical curve having tangents of 50 feet in length.

 

At a point 565.6 feet east of the east line of the SE 1/4 of Section 26-48-33 219.73

 

Except that the grade planes meeting at a point 291.6 feet east of the east line of the SE 1/4 of Section 26-48-33 shall be connected by a vertical curve having tangents of 50 feet in length.

 

At a point 765.6 feet east of the east line of the SE 1/4 of Section 26-48-33 224.27

 

At a point 865.6 feet east of the east line of the SE 1/4 of Section 26-48-33 226.68

 

 

North Curb Profile of Bannister Road Elevation

 

At a point 634.4 feet west of the east line of the NE 1/4 of Section 26-48-33 west 221.02

 

At a point 254.4 feet west of the east line of the NE 1/4 of Section 26-48-33 west 218.93

 

At a point 134.4 feet west of the east line of the NE 1/4 of Section 26-48-33 west 217.54

 

Except that the grade planes meeting at a point 254.4 feet west of the east line of the NE 1/4 of Section 26-48-33 shall be connected by a vertical curve having tangents of 50 feet in length.

 

At a point 66.4 feet west of the east line of the NE 1/4 of Section 26-48-33 west 217.20

 


Except that the grade planes meeting at a point 134.4 feet west of the east line of the NE 1/4 of Section 26-48-33 shall be connected by a vertical curve having tangents of 30 feet in length.

 

At a point 179.6 feet east of the east line of the NE 1/4 of Section 26-48-33 west 210.77

 

Except that the grade planes meeting at a point 66.4 feet west of the east line of the NE 1/4 of Section 26-48-33 shall be connected by a vertical curve having tangents of 20 feet in length.

 

At a point 365.6 feet east of the east line of the NE 1/4 of Section 26-48-33 west 214.01

 

Except that the grade planes meeting at a point 179.6 feet east of the east line of the NE 1/4 of Section 26-48-33 shall be connected by a vertical curve having tangents of 50 feet in length.

 

At a point 515.6 feet east of the east line of the NE 1/4 of Section 26-48-33 west 217.91

 

Except that the grade planes meeting at a point 365.6 feet east of the east line of the NE 1/4 of Section 26-48-33 shall be connected by a vertical curve having tangents of 15 feet in length.

 

At a point 715.6 feet east of the east line of the NE 1/4 of Section 26-48-33 west 222.66

 

At a point 865.6 feet east of the east line of the NE 1/4 of Section 26-48-33 west 225.96

 

 

East Curb Profile of Hillcrest Road Elevation

 

At a point 65.05 feet south of the north line of the SW 1/4 of Section 25-48-33 211.98

 

At a point 85.05 feet south of the north line of the SW 1/4 of Section 25-48-33 211.38

 

At a point 380.05 feet south of the north line of the SW 1/4 of Section 25-48-33 190.97

 


Except that the grade planes meeting at a point 85.05 feet south of the north line of the SW 1/4 of Section 25-48-33 shall be connected by a vertical curve having a back tangent of 20 feet and a forward tangent of 60 feet in length.

 

At a point 612.05 feet south of the north line of the SW 1/4 of Section 25-48-33 189.51

 

Except that the grade planes meeting at a point 380.05 feet south of the north line of the SW 1/4 of Section 25-48-33 shall be connected by a vertical curve having a back tangent of 150 feet and a forward tangent of 90 feet in length.

 

At a point 657.05 feet south of the north line of the SW 1/4 of Section 25-48-33 191.04

 

Except that the grade planes meeting at a point 612.05 feet south of the north line of the SW 1/4 of Section 25-48-33 shall be connected by a vertical curve having tangents of 20 feet in length.

 

 

West Curb Profile of Hillcrest Road Elevation

 

At a point 65.05 feet south of the north line of the SE 1/4 of Section 26-48-33 213.59

 

At a point 77.05 feet south of the north line of the SE 1/4 of Section 26-48-33 213.23

 

At a point 157.05 feet south of the north line of the SE 1/4 of section 26-48-33 206.88

 

Except that the grade planes meeting at a point 77.05 feet south of the north line of the SE 1/4 of Section 26-48-33 shall be connected by a vertical curve having a back tangent of 10 feet and a forward tangent of 30 feet in length.

 

At a point 382.05 feet south of the north line of the SE 1/4 of Section 26-48-33 191.29

 

At a point 559.05 feet south of the north line of the SE 1/4 of Section 26-48-33 189.52

 


Except that the grade planes meeting at a point 382.05 feet south of the north line of the SE 1/4 of Section 26-48-33 shall be connected by a vertical curve having a back tangent of 140 feet and a forward tangent of 90 feet in length.

 

At a point 607.05 feet south of the north line of the SE 1/4 of Section 26-48-33 190.00

 

Except that the grade planes meeting at a point 559.05 feet south of the north line of the SE 1/4 of Section 26-48-33 shall be connected by a vertical curve having tangents of 40 feet in length.

 

At a point 657.05 feet south of the north line of the SE 1/4 of Section 26-48-33 191.14

 

 

Section 4. Plans and Specifications. Said improvements shall be of the nature described and specified in, and shall be done in accordance with the plans and specifications prepared and certified by the City Engineer under the supervision of the Director of Public Works and identified as Public Works File No. 1990-160 the same being on file in the office of the Director of Public Works and being incorporated herein by reference.

 

Section 5. Grading. That the grading of Bannister Road, Marion Park Drive and Hillcrest Road within the limits described herein, is hereby authorized to be done to the established grades all in accordance with the plans and specifications.

 

Section 6. Right of way and Easements. That permanent street right of way and temporary construction easements are hereby condemned and taken for public use for the location, construction, reconstruction, maintenance, operation and repair of street, sewer, drainage and utility improvements in and upon the lands hereinafter described.

 

The permanent right of way shall be used by Kansas City as the permanent location of the roadways, sidewalks, supporting embankments and slopes, retaining walls, and drainage structures respectively to be constructed therein; and Kansas City shall have the right to keep and use such road right of way for all lawful purposes including, but not limited to constructing, reconstructing, maintaining, operating and repairing the roadway.

 

The temporary construction easements shall be used by Kansas City or its authorized agents, servants, employees or contractors during construction for grading and sloping, construction of driveway and sidewalk pavements, removal of structures, removal and replacement of fencing, trees, and shrubbery, utility construction work, the storage of materials, the operation of equipment, and the movement of working force. Kansas City shall cause the surface of lands lying within said temporary easements to be restored to substantially the same physical condition that existed at the time Kansas City or its agents entered upon it. Said temporary construction easements shall terminate upon completion and acceptance of the improvements by the Director of Public Works.

 

 

TRACT NO. 11 - PERMANENT STREET RIGHT OF WAY AND TEMPORARY CONSTRUCTION EASEMENT

 

Permanent street right of way over, under, upon and across the following described land:

 

All that part of Tract VII, Bannister Mall, a subdivision in Kansas City, Jackson County, Missouri, described as follows: Beginning at the southwest corner of said Tract VII, said point also being on the north right of way line of Bannister Road; thence south 87 11'37" east along said north right of way line a distance of 274.56 feet; thence northeasterly along a curve to the left having an initial tangent bearing of south 87 10'32" east, a radius of 15.0 feet, and a central angle of 92 43'54", a distance of 24.28 feet; thence north 0 05'34" east, along the west right of way line of Hillcrest Road as now established, a distance of 24.40 feet; thence south 45 25'39" west a distance of 21.07 feet; thence north 89 11'34" west a distance of 275.00 feet to a point in the west line of said Tract VII, said point also being 75.00 feet northerly of the centerline of Bannister Road as now established; thence south 0 5'34" west along the west line of said Tract VII, a distance of 15.00 feet to the point of beginning.

 

TEMPORARY CONSTRUCTION EASEMENT

 

A temporary construction easement over, under, upon and across the following described land:

 

All that part of Tract VII, Bannister Mall, a subdivision in Kansas City, Jackson County, Missouri, described as follows: Beginning at the southwest corner of said Tract VII, said point also being on the north right of way line of Bannister Road; thence north 0 05'34" east along the west line of said Tract VII a distance of 15.00 feet to the point of beginning; thence south 89 11'34" east a distance of 275.00 feet; thence north 45 25'39" east a distance of 21.07 feet to a point on the east line of Hillcrest Road as now established; thence north 89 11'34" west a distance of 289.99 feet to a point on the west line of said Tract VII, said point also being 90.0 feet northerly of the centerline of Bannister Road as now established; thence south 0 05'34" west along the west line of said Tract VII a distance of 15.00 feet to the point of beginning.

 

 

TRACT NO. 15 - PERMANENT STREET RIGHT OF WAY AND TEMPORARY CONSTRUCTION EASEMENT

 

Permanent street right of way over, under, upon and across the following described land:

 

All of the south 15.0 feet of Lot 2, Austin Hills West, a subdivision of land in Kansas City, Jackson County, Missouri.

 

TEMPORARY CONSTRUCTION EASEMENT

 

A temporary construction easement over, under, upon and across the following described land:

 

All of the north 45.0 feet of the south 60.0 feet of Lot 2, Austin Hills West, a subdivision of land in Kansas City, Jackson County, Missouri.

 

 

TRACT NO. 16 - PERMANENT STREET RIGHT OF WAY AND TEMPORARY CONSTRUCTION EASEMENT

 

Permanent street right of way over, under, upon and across the following described land:

 

All that part of Tract A, Barcelona East, a subdivision of land in Kansas City, Jackson County, Missouri, described as follows: Beginning at the northeast corner of said Tract A; thence south 0 06'16" west, along the east line of said Tract A, a distance of 40.00 feet; thence north 52 40'18" west, a distance of 25.14 feet to a point on a line that is 25.00 feet south of and parallel with the north line of said Tract A; thence north 89 11'34" west along said parallel line, a distance of 286.24 feet; thence south 45 28'49" west, a distance of 28.11 feet to a point on a line that is 33.00 feet east of and parallel with the west line of said Tract A; thence south 0 09'12" west along the last said parallel line, a distance of 385.32 feet; thence in a southerly and southwesterly direction along a curve to the right, tangent to the last said described course, having a radius of 1924.86 feet and a central angle of 8 01'59", an arc distance of 269.87 feet; thence in a southwesterly and southerly direction along a curve to the left, having a common tangent with the last described curve, a radius of 1438.18 feet and a central angle of 8 01'59", an arc distance of 201.64 feet to a point on the west line of said Tract A; thence north 0 09'12" east, along said west line, a distance of 900.70 feet to the northwest corner of said Tract A; thence south 89 11'34" east along the north line of said Tract A, a distance of 359.24 feet to the point of beginning.

 


TEMPORARY CONSTRUCTION EASEMENT

 

A temporary construction easement over, under, upon and across the following described land:

 

All that part of Tract A, Barcelona East, a subdivision of land in Kansas City, Jackson County, Missouri, described as follows: Beginning at a point on the east line of said Tract A that is south 0 06'16" west, a distance of 40.00 feet from the northeast corner thereof; thence north 52 40'18" west, a distance of 25.14 feet to a point on a line that is 25.00 feet south of and parallel with the north line of said Tract A; thence north 89 11'34" west, along said parallel line, a distance of 286.24 feet; thence south 45 28'49" west, a distance of 28.11 feet to a point on a line that is 33.00 feet east of and parallel with the west line of said Tract A; thence south 0 09'12" west, along the last said parallel line, a distance of 385.32 feet; thence in a southerly and southwesterly direction along a curve to the right, tangent to the last described course, having a radius of 1924.86 feet and a central angle of 8 01'59", an arc distance of 269.87 feet; thence in a southwesterly and southerly direction along a curve to the left, having a common tangent with the last described curve, a radius of 1438.18 feet and a central angle of 8 01'59", an arc distance of 201.64 feet to a point on the west line of said Tract A; thence south 0 09'12" west along said west line, a distance of 165.47 feet to the southwest corner of said Tract A; thence north 60 38'17" east along the southerly line of said Tract A, a distance of 40.26 feet; thence north 0 09'12" east, a distance of 370.12 feet; thence south 89 50'48 east, a distance of 18.00 feet; thence north 0 09'12" east, a distance of 635.43 feet; thence south 89 11'34" east, a distance of 291.24 feet; thence south 0 06'16" west, a distance of 140.00 feet; thence south 89 53'44" east, a distance of 15.00 feet to a point on the east line of said Tract A; thence north 0 06'16" east along said east line, a distance of 140.00 feet to the point of beginning.

 

 

TRACT NO. 17 - PERMANENT STREET RIGHT OF WAY AND TEMPORARY CONSTRUCTION EASEMENT

 

Permanent street right of way over, under, upon and across the following described land:

 

All of the south 8.00 feet of Lots 1-A and 1-B, Austin Hills West, a subdivision of land in Kansas City, Jackson County, Missouri.

 

TEMPORARY CONSTRUCTION EASEMENT

 

A temporary construction easement over, under, upon and across the following described land:

 


All of that part of Lots 1-A and 1-B, Austin Hills West, a subdivision of land in Kansas City, Jackson County, Missouri, lying south of a straight line drawn from a point on the west line of said Lot 1-B that is 60.0 feet north of the southwest corner thereof, to a point on the east line of said Lot 1-A, that is 40.0 feet north of the southeast corner thereof, except the south 8.00 feet thereof.

 

 

TRACT NO. 18 - PERMANENT STREET RIGHT OF WAY AND TEMPORARY CONSTRUCTION EASEMENT

 

Permanent street right of way over, under, upon and across the following described land:

 

All that part of the southeast 1/4 of Section 26, Township 48, Range 33, in Kansas City, Jackson County, Missouri, described as follows: Beginning at a point on the south right of way line of Bannister Road, as established by the instrument filed in Book K-442 at page 1448 as Document No. K-196629 and 50.00 feet south of the centerline thereof, said point being 705.00 feet west of the west right of way line of Hillcrest Road, as established by Report of Commissioners recorded in Book K-784 at page 1939 as Document No. K-340092; thence north 89 11'34" west along said south right of way line, a distance of 150.00 feet to a point on the east right of way line of Drury Avenue, as now established; thence south 0 06'16" west along said east right of way line and parallel with the west right of way line of said Hillcrest Road, a distance of 40.00 feet; thence north 45 27'21" east, a distance of 21.08 feet; thence south 89 11'34" east, a distance of 135.00 feet; thence north 0 06'16" east, a distance of 25.00 feet to the point of beginning.

 

TEMPORARY CONSTRUCTION EASEMENT

 

A temporary construction easement over, under, upon and across the following described land:

 

All that part of the southeast 1/4 of Section 26, Township 48, Range 33, in Kansas City, Jackson County, Missouri, described as follows: Commencing at a point on the south right of way of Bannister Road as established by the instrument filed in Book K-442 at page 1448, as Document No. K-196629 and 50.00 feet south of the centerline thereof, said point being 705.00 feet west of the west right of way line of Hillcrest Road, as established by Report of Commissioners recorded in Book K-784 at page 1939 as Document No. K-340092; thence south 0 06'16" west, parallel with said west right of way line, a distance of 25.00 feet to the true point of beginning; thence continuing south 0 06'16" west, a distance of 20.00 feet; thence north 89 11'34" west, parallel with said south right of way line, a distance of 140.00 feet; thence south 0 06'16" west, a distance of 95.00 feet; thence north 89 11'34" west, a distance of 10.00 feet to a point on the east right of way line of Drury Avenue, as now established; thence north 0 06'16" east along said east right of way line, a distance of 100.00 feet; thence north 45 27'21" east, a distance of 21.08 feet; thence south 89 11'34" east, a distance of 135.00 feet to the true point of beginning.

 

 

TRACT NO. 20 - PERMANENT STREET RIGHT OF WAY AND TEMPORARY CONSTRUCTION EASEMENT

 

Permanent street right of way over, under, upon and across the following described land:

 

All that part of the northeast 1/4 of the southeast 1/4 of Section 26, Township 48, Range 33, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the northeast corner of said 1/4 1/4 section; thence north 89 18'04" west along the north line of said 1/4 1/4 section, a distance of 190.00 feet; thence south 0 06'16" west, parallel with the east line of said 1/4 1/4 section, a distance of 57.56 feet to a point on the south right of way line of Bannister Road, as now established and the true point of beginning; thence continuing south 0 06'16" west, a distance of 25.00 feet; thence north 89 11'34" west, parallel with said south right of way line, a distance of 560.07 feet; thence north 0 06'16" east, a distance of 25.00 feet to a point on said south right of way line; thence south 89 11'34" east along said south right of way line, a distance of 560.07 feet to the true point of beginning.

 

All that part of the northeast 1/4 of the southeast 1/4 of Section 26, Township 48, Range 33, in Kansas City, Jackson County, Missouri described as follows: Commencing at the northeast corner of said 1/4 1/4 section; thence south 0 06'16" west along the east line of said 1/4 1/4 section, a distance of 207.20 feet; thence north 89 11'34" west, parallel with the centerline of Bannister Road, a distance of 45.00 feet to a point on the west right of way line of Hillcrest Road, as established by the Report of Commissioners recorded in Book K-784 at page 1939 as Document No. K-340092 and the true point of beginning; thence south 0 06'16" west along said right of way line, a distance of 300.06 feet; thence south 89 53'44" east along a jog in said right of way line, a distance of 5.00 feet; thence south 0 06'16" west along the west right of way line of Hillcrest Road, as now established, a distance of 150.50 feet; thence north 4 28'09" west, a distance of 200.64 feet; thence north 0 06'16" east along a line that is 56.00 feet west of and parallel with the east line of said 1/4 1/4 section, a distance of 250.70 feet; thence south 89 11'34" east, a distance of 11.00 feet to the true point of beginning.

 


TEMPORARY CONSTRUCTION EASEMENT

 

A temporary construction easement over, under, upon and across the following described land:

 

All that part of the northeast 1/4 of the southeast 1/4 of Section 26, Township 48, Range 33, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the northeast corner of said 1/4 1/4 section; thence north 89 18'04" west along the north line of said 1/4 1/4 section, a distance of 190.00 feet; thence south 0 06'16" west, parallel with the east line of said 1/4 1/4 section, a distance of 82.56 feet to the true point of beginning; thence north 89 11'34" west, parallel with the south right of way line of Bannister Road, as now established, a distance of 560.07 feet; thence south 0 06'16" west, parallel with said east line, a distance of 40.00 feet; thence south 89 11'34" east, a distance of 225.00 feet; thence south 0 05'30" west, a distance of 100.00 feet; thence south 89 11'34" east, a distance of 140.00 feet; thence north 0 05'30" east, a distance of 90.00 feet; thence south 89 11'34" east, a distance of 195.07 feet; thence north 0 06'16" east, a distance of 50.00 feet to the true point of beginning.

 

All that part of the northeast 1/4 of the southeast 1/4 of Section 26, Township 48, Range 33, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the northeast corner of said 1/4 1/4 section; thence south 0 06'16" west along the east line of said 1/4 1/4 section, a distance of 207.20 feet; thence north 89 11'34" west, parallel with the centerline of Bannister road, a distance of 56.00 feet to the true point of beginning; thence continuing north 89 11'34" west, a distance of 19.00 feet; thence south 11 56'21" west, a distance of 195.08 feet; thence south 0 06'16" west, a distance of 60.00 feet; thence south 10 15'13" east, a distance of 305.92 feet to a point on a line that is 850 feet south of and parallel with the north line of said 1/4 1/4 section; thence south 89 18'04" east, along the last said parallel line, a distance of 20.00 feet to a point on the west right of way line of Hillcrest Road, as now established; thence north 0 06'16" east, along said right of way line, a distance of 101.13 feet; thence north 4 28'09" west, a distance of 200.64 feet; thence north 0 06'16" east, a distance of 250.70 feet to the true point of beginning.

 

 

TRACT NO. 22 - PERMANENT STREET RIGHT OF WAY AND TEMPORARY CONSTRUCTION EASEMENT

 

Permanent street right of way over, under, upon and across the following described land:

 

All that part of the northeast 1/4 of the southeast 1/4 of Section 26, Township 48, Range 33, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the northeast corner of said 1/4 1/4 section; thence south 0 06'16" west along the east line of said 1/4 1/4 section, a distance of 207.20 feet; thence north 89 11'34" west, parallel with the centerline of Bannister Road, a distance of 45.00 feet to a point on the west right of way line of Hillcrest Road, as now established, and the true point of beginning; thence north 0 06'16" east, along said right of way line, a distance of 135.00 feet; thence north 44 32'39" west, along said right of way line, a distance of 21.35 feet to a point on the south right of way line of Bannister Road, as now established and 50 feet south of the centerline thereof; thence north 89 11'34" west along said right of way line, a distance of 130.00 feet; thence south 0 06'16" west, a distance of 25.00 feet; thence south 89 11'34" east, a distance of 114.00 feet; thence south 44 32'39" east, a distance of 28.46 feet; thence south 0 06'16" west, a distance of 105.00 feet; thence south 89 11'34" east, a distance of 11.00 feet to the true point of beginning.

 

TEMPORARY CONSTRUCTION EASEMENT

 

A temporary construction easement over, under, upon and across the following described land:

 

All that part of the northeast 1/4 of the southeast 1/4 of Section 26, Township 48, Range 33, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the northeast corner of said 1/4 1/4 section; thence south 0 06'16" west along the east line of said 1/4 1/4 section, a distance of 207.20 feet; thence north 89 11'34" west, parallel with the centerline of Bannister Road, a distance of 56.00 feet to the true point of beginning; thence continuing north 89 11'34" west, a distance of 19.00 feet; thence north 0 06'16" east, a distance of 104.44 feet; thence south 76 24'20" west, a distance of 118.35 feet; thence north 0 06'16" east, a distance of 50.00 feet; thence south 89 11'34" east, a distance of 114.00 feet; thence south 44 32'39" east, a distance of 28.46 feet; thence south 0 06'16" west, a distance of 105.00 feet to the true point of beginning.

 

 

TRACT NO. 24 - PERMANENT STREET RIGHT OF WAY AND TEMPORARY CONSTRUCTION EASEMENT

 

Permanent street right of way over, under, upon and across the following described land:

 

All that part of Lot 452, Fairlane, a subdivision in Kansas City, Jackson County, Missouri, described as follows: Beginning at the southwest corner of said Lot 452; thence north 85 35'49" east, along the south line of said Lot 452, a distance of 17.05 feet; thence north 0 06'16" east, parallel with the west line of said Lot 452, a distance of 132.40 feet; thence north 56 04'17" east, a distance of 27.12 feet to a point on the northeasterly line of said Lot 452, that is 53.17 feet southeasterly of the northwest corner thereof, as measured along said northeasterly line; thence north 47 50'01" west, along said northeasterly line, a distance of 37.98 feet to a point on the south right of way line of Bannister Road as established by the Warranty Deed filed in Book K-755, page 72, as Document No. K-328191; thence south 43 45'22" west along said south right of way line, a distance of 16.35 feet to a point on said west line that is 22.00 feet south of the northwest corner thereof; thence south 0 06'16" west along said west line, a distance of 162.54 feet to the point of beginning.

 

TEMPORARY CONSTRUCTION EASEMENT

 

A temporary construction easement over, under, upon and across the following described land:

 

All that part of Lot 452, Fairlane, a subdivision in Kansas City, Jackson County, Missouri, described as follows: Beginning at a point on the south line of said Lot 452 that is north 85 35'49" east, a distance of 17.05 feet from the southwest corner thereof; thence north 0 06'16" east, parallel with the west line of said Lot, a distance of 132.40 feet; thence north 56 04'17" east, a distance of 27.12 feet to a point on the northeasterly line of said Lot 452 that is 53.17 feet southeasterly of the northwest corner thereof, as measured along said northeasterly line; thence south 47 50'01" east along said northeasterly line, a distance of 22.15 feet; thence south 27 58'09" west, a distance of 34.07 feet; thence south 0 06'16" west, parallel with the west line of said Lot 452, a distance of 100.80 feet to a point on said south line; thence south 85 35'49" west, along said south line, a distance of 23.07 feet to the point of beginning.

 

 

TRACT NO. 26 - PERMANENT STREET RIGHT OF WAY AND TEMPORARY CONSTRUCTION EASEMENT

 

Permanent street right of way over, under, upon and across the following described land:

 

All that part of Lot 451, Fairlane, a subdivision in Kansas City, Jackson County, Missouri, described as follows: Beginning at a point on the southwesterly line of said Lot 451 that is south 47 50'01" east, a distance of 15.19 feet from the northwest corner thereof, said point also being on the south right of way line of Bannister Road, as established by the Warranty Deed filed in Book K-755 at page 72 as Document No. K-328191; thence south 89 00'01" east along said right of way line and parallel with the north line of said Lot 451, a distance of 202.86 feet to a point on the easterly line of said Lot 451; thence south 12 57'49" west along said easterly line, a distance of 21.15 feet; thence south 89 32'47" west, a distance of 169.93 feet to a point on said southwesterly line of said Lot 451; thence north 47 50'01" west along the last said line, a distance of 37.98 feet to the point of beginning.

 

TEMPORARY CONSTRUCTION EASEMENT

 

A temporary construction easement over, under, upon and across the following described land:

 

All that part of Lot 451, Fairlane, a subdivision in Kansas City, Jackson County, Missouri, described as follows: Beginning at a point on the southwesterly line of said Lot 451 that is south 47 50'01" east, a distance of 53.17 feet from the northwest corner thereof; thence south 47 50'01" east, along said southwesterly line, a distance of 22.15 feet; thence north 89 32'47" east, a distance of 150.06 feet to a point on the easterly line of said Lot 451; thence north 12 57'49" east along said easterly line, a distance of 15.42 feet; thence south 89 32'47" west, a distance of 169.93 feet to the point of beginning.

 

 

TRACT NO. 28 - PERMANENT STREET RIGHT OF WAY AND TEMPORARY CONSTRUCTION EASEMENT

 

Permanent street right of way over, under, upon and across the following described land:

 

All that part of Lot 450, Fairlane, a subdivision in Kansas City, Jackson County, Missouri, described as follows: Beginning at a point on the westerly line of said Lot 450 that is south 12 57'49" west, a distance of 10.22 feet from the northwest corner thereof, said point also being on the south right of way line of Bannister Road, as established by the Warranty Deed filed in Book K-735 at page 234, as Document No. 319781; thence south 89 00'01" east along said right of way line and parallel with the north line of said Lot 450, a distance of 110.98 feet to a point on the easterly line of said Lot 450; thence south 3 56'31" east along said easterly line, a distance of 17.79 feet; thence south 89 32'47" west, a distance of 116.94 feet to a point on said westerly line; thence north 12 57'49" east along said westerly line, a distance of 21.15 feet to the point of beginning.

 

TEMPORARY CONSTRUCTION EASEMENT

 

A temporary construction easement over, under, upon and across the following described land:

 

All that part of Lot 450, Fairlane, a subdivision in Kansas City, Jackson County, Missouri, described as follows: Beginning at a point on the westerly line of said Lot 450 that is south 12 57'49" west, a distance of 31.37 feet from the northwest corner thereof; thence south 12 57'49" west along said westerly line, a distance of 15.42 feet; thence north 89 32'47" east, a distance of 121.43 feet to a point on the easterly line of said Lot 450; thence north 3 56'31" west along said easterly line, a distance of 15.03 feet; thence south 89 32'47" west, a distance of 116.94 feet to the point of beginning.

 

 

TRACT NO. 30 - PERMANENT STREET RIGHT OF WAY AND TEMPORARY CONSTRUCTION EASEMENT

 

Permanent street right of way over, under, upon and across the following described land:

 

All that part of Lot 447, Fairlane, a subdivision in Kansas City, Jackson County, Missouri, described as follows: Beginning at a point on the westerly line of said Lot 447 that is south 356'31" east, a distance of 10.04 feet from the northwest corner thereof, said point also being on the south right of way line of Bannister Road, as established by the Warranty Deed filed in Book K-727 at page 1067 as Document No. K-316436; thence south 8900'01" east, along said right of way line and parallel with the north line of said Lot 447, a distance of 98.69 feet to a point on the easterly line of said Lot 447; thence south 2328'31" east along said easterly line, a distance of 16.57 feet; thence south 8932'47" west, a distance of 104.06 feet to a point on said westerly line; thence north 356'31" west along said westerly line, a distance of 17.79 feet to the point of beginning.

 

TEMPORARY CONSTRUCTION EASEMENT

 

A temporary construction easement over, under, upon and across the following described land:

 

All that part of Lot 447, Fairlane, a subdivision in Kansas City, Jackson County, Missouri, described as follows: Beginning at a point on the westerly line of said Lot 447 that is south 356'31" east, a distance of 27.83 feet from the northwest corner thereof; thence south 356'31" east, along said westerly line, a distance of 15.03 feet; thence north 8932'47" east, a distance of 109.51 feet to a point on the easterly line of said Lot 447; thence north 2328'31" west, along said easterly line, a distance of 16.30 feet; thence south 8932'47" west, a distance of 104.06 feet to the point of beginning.

 

 

TRACT NO. 32 - PERMANENT STREET RIGHT OF WAY AND TEMPORARY CONSTRUCTION EASEMENT

 

Permanent street right of way over, under, upon and across the following described land:

 

All that part of Lot 446, Fairlane, a subdivision in Kansas City, Jackson County, Missouri, described as follows: Beginning at a point on the westerly line of said Lot 446 that is south 2328'31" east, a distance of 10.99 feet from the northwest corner thereof, said point also being on the south right of way line of Bannister Road, as established by the Report of Commissioners in Book K-765 at page 1940 as Document No. K-331318; thence south 8900'01" east, along said right of way line and parallel with the north line of said Lot 446, a distance of 164.14 feet to a point on the easterly line of said Lot 446; thence south 3314'59" west along said easterly line, a distance of 13.33 feet; thence south 8932'47" west, a distance of 150.21 feet to a point on said westerly line, thence north 2328'31" west, along said westerly line, a distance of 16.57 feet to the point of beginning.

 

TEMPORARY CONSTRUCTION EASEMENT

 

A temporary construction easement over, under, upon and across the following described land:

 

All that part of Lot 446, Fairlane, a subdivision in Kansas City, Jackson County, Missouri, described as follows: Beginning at a point on the westerly line of said Lot 446 that is south 2328'31" east, a distance of 27.56 feet from the northwest corner thereof; thence south 2328'31" east along said westerly line, a distance of 16.30 feet; thence south 8644'03" east, a distance of 128.54 feet to a point on the easterly line of said Lot 446; thence north 3314'59" east along said easterly line, a distance of 28.05 feet; thence south 8932'47" west, a distance of 150.21 feet to the point of beginning.

 

 

TRACT NO. 38 - PERMANENT STREET RIGHT OF WAY AND TEMPORARY CONSTRUCTION EASEMENT

 

Permanent street right of way over, under, upon and across the following described land:

 

All that part of Lot 441, Fairlane, a subdivision in Kansas City, Jackson County, Missouri, described as follows: Beginning at a point on the southwesterly line of said Lot 441 that is south 3704'19" east, a distance of 12.70 feet from the northwest corner thereof, said point also being on the south right of way line of Bannister Road, as established by the Warranty Deed filed in Book K-716 at page 1824 as Document No. K-311862; thence south 8900'01" east along said right of way line and parallel with the north line of said Lot 441, a distance of 146.40 feet to a point on the easterly line of said Lot 441; thence south 522'34" west along said easterly line, a distance of 5.02 feet; thence south 8932'47" west, a distance of 139.38 feet to a point on said southwesterly line; thence north 3704'19" west along said southwesterly line, a distance of 10.84 feet to the point of beginning.

 


TEMPORARY CONSTRUCTION EASEMENT

 

A temporary construction easement over, under, upon and across the following described land:

 

All that part of Lot 441, Fairlane, a subdivision in Kansas City, Jackson County, Missouri, described as follows: Beginning at a point on the southwesterly line of said Lot 441 that is south 3709'19" east, a distance of 23.54 feet from the northwest corner thereof; thence south 3704'19" east, along said southwesterly line, a distance of 18.65 feet; thence north 8932'47" east, a distance of 126.73 feet to a point on the easterly line of said Lot 441; thence north 522'34" east along said easterly line, a distance of 15.04 feet; thence south 8932'47" west, a distance of 139.38 feet to the point of beginning.

 

 

Section 7. Utilities. That in widening and establishing said street certain public utility corporation easements may be included within the boundaries of the lands acquired for road right of way and permanent easements described herein, and in that regard Kansas City reserves unto such public utility corporations the right of keep and maintain such physical improvements now located within such easements in conformance with the street improvement to be made by the City. Where no such physical improvements are presently located within such easements, said corporations shall have the right to locate, construct and maintain their respective improvements, subject, however, to the rights acquired herein by the City to construct and maintain the street improvements within the limits of the said lands acquired for road right of way and permanent easements described herein, and in conformance with the established grades of the street improvements.

 

Section 8. Compensation. Just compensation for the private property to be condemned and taken for road right of way as aforesaid and such damages as may be found to accrue by reason of the grading of said streets and for the taking of the temporary construction easements, shall be assessed and paid in one or more proceedings in the manner provided by Article VI and VII of the Charter of Kansas City, or by the provisions of Rule 86 of the Rules of Civil Procedure, or by any other method authorized by law; and the proceedings therefore shall be instituted in the Circuit Court of Jackson County, Missouri, in the first instance. The compensation to be paid for the taking of said private property for public use for street purposes and the damages or remuneration on account of said grading thereof and for the taking of temporary construction easements, shall be derived from funds now available or to be made available.

 

Section 9. Partial Dismissal. If any lands or easements as aforesaid shall be acquired by the City's Director of Finance, which he is hereby authorized to do, prior to or during pendency of condemnation proceedings, the City Attorney is hereby authorized to withdraw such land or easement from such condemnation proceedings.

 

 

This ordinance is recommended for passage by the Director of Public Works.

 

Approved:

 

 

 

 

_________________________ __________________________________ Gurnie C. Gunter, P.E. George L. Satterlee, P.E. City Engineer Director of Public Works

 

 

 

Approved as to form and legality:

 

 

 

 

__________________________________

Assistant City Attorney