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Legislation #: 910507 Introduction Date: 4/25/1991
Type: Ordinance Effective Date: 5/12/1991
Sponsor: None
Title: Granting permission to Richmond Circle Partnership to cross Gardner Avenue at-grade with one railroad spur track 712 feet west of the west right-of-way line of Century Avenue in Kansas City, Jackson County, Missouri.

Legislation History
DateMinutesDescription
4/25/1991

Prepare to Introduce

4/25/1991

Referred Operations And Aviation

5/1/1991

Advance and Do Pass as Amended

5/2/1991

Passed as Amended


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ORDINANCE NO. 910507, AS AMENDED

 

Granting permission to Richmond Circle Partnership to cross Gardner Avenue at-grade with one railroad spur track 712 feet west of the west right-of-way line of Century Avenue in Kansas City, Jackson County, Missouri.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That permission is hereby granted to Richmond Circle Partnership, a Missouri general partnership, (the owners of Tract A, Executive Park 37th Plat) and to its successors and assigns, to locate, construct, maintain, and operate one railroad track crossing the centerline of Gardner Avenue at-grade on a skew angle of 13 degrees 20 minutes right ahead 10.13 feet west of the east line of Executive Park 37th Plat, a subdivision in the west 1/2 of Section 30, Township 50, Range 32 in the City of Kansas City, Jackson County, Missouri.

 

Section 2. That rails of such crossing shall be constructed at-grade and the tracks and the space between the tracks and between the rails and twenty-one (21) inches outside the outermost rails shall be maintained in good repair by said Grantee in accordance with the provisions of this ordinance, of the General Ordinances of Kansas city and of the Statutes of Missouri. The crossing shall be kept paved with materials conforming to City standard drawing RRC-1, future revisions thereof, or better as approved by the City Engineer.

 

Section 3. That by acceptance of this permission, Richmond Circle Partnership, and its successors and assigns, agree to save harmless and indemnify Kansas City, from any and all claims, losses, causes and demands for damages resulting in injury or death of persons and damages to property growing out of said locations, construction, maintenance and operation of said track hereabove mentioned. All work relating to said construction including, but not limited to the cut-in, repaving and drainage of said Gardner Avenue shall be as directed by the Director of Public Works or his authorized representative.

 

Section 4. That the granting of this permission shall be subject to the approval of the Missouri State Division of Transportation unless determined by the Division to be outside of its jurisdiction and is further subject to Permittee's obtaining construction permits as otherwise required by ordinances of Kansas City.

 

Section 5. That by the acceptance of the permission hereby given, Richmond Circle Partnership, agrees that in the event future conditions require installation of protective devices at this crossing to preserve the safety of the traveling public, such installation shall be made and maintained at its sole expense.

 

Section 6. That the permission herein granted is a license and not an irrevocable grant, and Kansas City expressly reserves the right by ordinance to alter, amend or repeal this ordinance and require said track to be removed at the expense of Richmond Circle Partnership, or its successors or assigns, and to require said street to be restored to a condition comparable to the adjacent portion of said street at the time of removal.

 

Section 7. That in order to hold the City harmless from claims for bodily injury and for property damage related to the crossing, the Permittee shall keep in force a policy of liability insurance in an amount not less than that required by Chapter 30 of the Code of General Ordinances. In the event that the insurance requirements of Chapter 30 of the Code of General Ordinances are modified during the life of the crossing, the insurance provided by the Permittee shall be revised to conform with the modified requirements.

 

Section 8. That this ordinance shall be effective either when accepted on its face by Richmond Circle Partnership, or ten days after its passage, whichever is later.

 

The foregoing grant of permission and the terms and conditions therein contained are hereby accepted by Richmond Circle Partnership, who agrees to comply with all terms and conditions aforesaid and to bind its successors and assigns by these presents.

 

Richmond Circle Partnership

By: Stratford Development Corp.

ATTEST: Its Managing Partner

 

 

 

_________________________ By: ______________________________ Secretary Kenneth R. Blom

 

Its: ______________________________

President

 

 

 

Approved as to form and legality:

 

 

 

___________________________________

Assistant City Attorney