ORDINANCE NO. 010519
Widening and
reestablishing 49th Street from Elmwood Avenue to Chelsea Avenue; reestablishing
the grades and authorizing the grading thereof; condemning and taking private
property for street purposes and temporary construction easements; and
providing for payment of just compensation therefore, in Kansas City, Jackson
County, Missouri.
WHEREAS, the
Council further finds that for the pubic good it is deemed necessary that 49th
Street, from Elmwood Avenue to Chelsea Avenue be widened and reestablished, the
grades thereof be reestablished from Elmwood to Lister and the grading thereof
authorized; and that the Director of Public Works, as evidenced by his
Declaration of Necessity No. 5207 adopted and entered February 2, 2001, has
caused the plans and specifications for said improvements to be prepared; and
WHEREAS, the
Council further finds that it adopted Resolution No. 010292 on March 8, 2001,
declaring it to be necessary to change and reestablish the grade on
reestablished 49th Street from Elmwood Avenue to Lister Avenue, all in Kansas
City, Jackson County, Missouri; and that pursuant to Section 224 of the City
Charter public notice was given in the Pulse Legal Publication for ten
publishing days beginning March 13, 2001, and ending March 26, 2001, that the
remonstrance period which began on March 13 has ended on April 11, 2001, and
having no remonstrance being filed during said period; and
WHEREAS, the
Council further finds 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. That
49th Street, from Elmwood Avenue to Chelsea Avenue, all as more fully described
in the plans described hereafter in Section 4 of this ordinance, is hereby
widened and reestablished, and construction thereof is hereby provided for and
authorized.
Section 2. The
width of the roadways in 49th Street from Elmwood Avenue to Chelsea Avenue all
as shown on the plans described hereafter in Section 4 of this ordinance,
within the limits described herein be and the same are hereby reestablished as
follows:
Relocated 49th Street - Width of Roadway
Varies from 122 feet to 25
feet from Station 0+00 to Station 2+39.5 on baseline 2.
Varies from 25 feet to 53
feet from Station 2+39.5 to the west line of Lawn Avenue on baseline 2.
Varies from 53 feet to 24
feet from the west line of Lawn Avenue to Station 4+50.0 on baseline 2.
(Which equals station
14+68.44 on baseline 1.)
24 feet from Station 14+68.44
on baseline 1 to the west line of Lister Avenue.
There is no width established
from Lister Avenue to Chelsea Avenue.
Section 3. That
the grades be reestablished on 49th Street from Elmwood Avenue to Lister Avenue
as set forth in Resolution No. 010292, adopted by the Council of Kansas City,
Missouri, on March 8, 2001. The grades shall be along a line on the baseline
of said street, located and defined by the below listed adjacent grade points,
which shall be connected by straight grades (tangents) or vertical curves
between such grade point, the elevations of which are given below, in feet,
above the City directrix, as follows to wit:
All grade points are on
Baseline 2 Stations for said right-of-way as found on plan File No. 1999-287 in
the office of the Director of Public Works. Baseline 1 being the original
centerline of 49th Street and baseline 2 being the baseline of relocated 49th
Street. Station 0+00.00 of baseline 2 equals station 10+18.44, 38.58 feet
right of baseline 1.
49th Street
Elevation
At a point, on baseline 2,
12.5 feet west of the east line of
Elmwood Avenue, being Station 0+00.00. 45.47
At a point on baseline 2,
37.5 feet east of the east line of
Elmwood Avenue, being Station 0+50.00. 44.10
At a point on baseline 2,
137.5 feet east of the east line of
Elmwood Avenue, being Station 1+50.00. 39.04
Except that the
grade planes meeting at Station 0+50.00 shall
be connected by a
vertical curve having tangents 15 feet in length.
At a point on baseline 2,
247.5 feet east of the east line of
Elmwood Avenue, being Station
2+60.00. 40.06
Except that the
grade planes meeting at Station 1+50.00 shall
be connected by a
vertical curve having tangents 30 feet in length.
At a point on baseline 2, 189
feet east of the west line of
Lawn Avenue, being Station
4+80.00. 46.23
There is no
vertical curve at Station 2+60.00.
At a point on baseline 2,
19.5 feet east of the west line of
Elevation
Lister Avenue, being Station
6+40.00. 47.41
Except that the
grade planes meeting at Station 4+80.00 shall
be connected by a
vertical curve having tangents 30 feet in length.
At a point on baseline 2,
34.5 feet east of the west line of
Lister Avenue, being Station
6+55.00. 47.21
Except that the
grade planes meeting at Station 6+40.00 shall
be connected by a
vertical curve having tangents 15 feet in length.
Section 4. Said
improvements shall be of the nature described and specified in, and shall be
done in accordance with the plans and specifications certified by the City
Engineer under the supervision of the Director of Public Works, and identified
as Public Works File Nos.: 1999-287 for right-of-way and 1999-288 for
construction, the same being on file in the Office of the Director of Public
Works and being incorporated herein by reference.
Section 5. That
the grading of the streets or parts thereof, hereby widened or established, to
the established or reestablished grades of the same, may cause an embankment or
fill to be made, leaving abutting property below the proposed grade of the
street; and there is hereby condemned in said abutting property an easement or
a right to support said embankment or fill so far as may be necessary to bring
the street to the required grade by allowing the material of which said
embankment is made to fall upon the abutting land at a natural slope so that
the surface of the street may be graded. The area of land in which said
easement is condemned is hereinafter described and is shown on the plan prepared
and on file in the office of the Director of Public Works, showing a profile of
the portion of the streets to be graded and indicating thereon approximately
the amount of the encroachment of the embankment upon the abutting property,
which said plan is made a part of this ordinance, and just compensation for
damages, if any, therefore shall be paid according to law.
Section 6. That
in grading said streets or parts thereof hereby widened or established to the
established or reestablished grade of the same, it may be necessary to make
certain excavations which will leave the sides of the cuts in such a condition
and position that the earth, dirt, rock and other material composing the same
will slip, slide, roll or fall into the street obstructing travel and be
dangerous to persons using the street, it is , therefore, ordained that in such
event and under such circumstances, the sides of such cut shall be sloped back
from the shoulder line beginning at the grade of the street, a sufficient
distance and on such slope as will leave the street, when the work of such
grading is completed, free from such slides and in a reasonably safe condition
for travel. The extent of such excavations and slopes of the sides thereof and
the distance back on private property to which such slopes may extend, are
shown on the plat prepared and on file in the office of the Director of Public
Works, which plat is made a part of this ordinance and there is hereby
condemned in the private property abutting on said street where said
excavations occur an easement or right to go upon such abutting property and
remove such earth, dirt, rock or other material, and just compensation or
damage, if any, therefor shall be paid according to law.
Section 7. That
permanent 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, drainage and
improvements in and upon the lands hereinafter described.
The permanent
right-of-way shall be used as the permanent location of the public roadways,
supporting embankments and slopes, retaining walls, and drainage structures
respectively to be constructed therein; and shall be kept and used 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 pavements, removal of structures, removal and
replacement of fencing, removal of trees and shrubbery, utility construction
work, the storage of materials, the operation of equipment, and the movement of
a working force. After the work is complete, 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 and/or the State District Engineer.
Tract No. 1 Permanent
Street Right-of-Way and Temporary Construction Easement
A Permanent
Street Right-of-Way over, under, upon and across the following described land:
All that
part of the Southeast Quarter of the Southwest Quarter of Section 26, Township
49 North, Range 33 West, Jackson County, Missouri, described as follows:
Beginning
at the northeast corner of Lot 1, Block 3, "Bluebanks", a subdivision
of record in said county, said point being on the south line of Brush Creek
Parkway, as described in Ordinance No. 1090, passed September 26, 1929 and
amended by Ordinance No. 1555, passed April 28, 1930, said point also being at
the intersection of the south line of 49th Street and the west line of Lawn
Avenue as both now exist; thence southerly along said west line and along the
east line of Lots 1, 2, and 3 of said block and subdivision, a distance of
58.27 feet; thence northwesterly along a curve having a reverse tangent to the
last described line, a radius of 40.00 feet, a central angle of 103E00'10", an arc distance of 71.91 feet; thence South 76E12'39" West, a distance of 112.57 feet, to a point of curve,
tangent to the last line, having a radius of 336.08 feet, a central angle of 05E54'59"; thence in a westerly direction, along said curve, an arc
distance of 34.70 feet; thence South 82E14'09"
West, a distance of 54.56 feet to a point of curve, being tangent to the last
described line, having a radius of 50.00 feet, a central angle of 47E11'04"; thence southwesterly along said curve an arc distance of
41.18 feet, to a point on the northerly extension of the east line of Elmwood
Avenue, as now exists; thence northerly, along said extension, a distance of
81.61 feet, to a point on the south line of said Brush Creek Parkway, also
being the westerly extension of the south line of 49th Street, as now exists;
thence easterly along said common south line to the point of beginning.
All
bearings are referenced to the north line of said Southwest Quarter of Section
26, the assumed bearing of said north line being North 89E34'07" East.
A Temporary
Construction easement over, under, upon and across the following described
land:
The east
60.0 feet of a tract of land lying in the Southeast Quarter of the Southwest
Quarter of Section 26, Township 49 North, Range 33 West, Kansas City, Missouri,
described as follows:
Beginning
at a point on the south line of Brush Creek Parkway, 190.0 feet west of the
west line of Lawn Avenue; thence, south, parallel to the east line of Elmwood
Avenue produced north, 81.61 feet; thence, west, parallel to the south line of
Brush Creek Parkway, 83.15 feet to a point on the northerly prolongation of the
east line of Elmwood Avenue; thence, north along said east line to the south
line of Brush Creek Parkway; thence, east along said south line to the point of
beginning; except that part lying in the new right-of-way for 49th Street.
Section 8. That
in widening said street, certain public utility corporation easements may be
included within the boundaries of the lands acquired for permanent easements
described herein, and in that regard, Kansas City reserves unto such public
utility corporations the right to 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 permanent
easements described herein, and in conformance with the reestablished grades of
the street improvements.
Section 9. Just
compensation for the private property to be condemned and taken for permanent
easements and abutters rights of direct access 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 Articles 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. The compensation to be paid for the
taking or damaging of private property shall be paid from funds now available
or to be made available.
Section 10. If
any lands or easements as aforesaid shall be acquired by the Director of the City
Development Department, which is hereby authorized, prior to or during pendency
of the condemnation proceedings, the City Attorney is hereby authorized to
withdraw such land or easement from such condemnation proceedings.
________________________________________________________
Approved
as to form and legality:
___________________________________
Assistant
City Attorney