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.

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Approved as to form and legality:

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Assistant City Attorney