KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 910479 Introduction Date: 4/18/1991
Type: Ordinance Effective Date: 5/12/1991
Sponsor: None
Title: Widening Wornall Road from the north line of 96th Terrace (west of Wornall Road) to a point 394 feet north of the north line of Ward Parkway (west of Wornall Road), providing for an improved intersection with Bannister Road (State Route W); establishing the width of roadway; authorizing the grading thereof; condemning private property for street purposes, grading easements, drainage easements and temporary construction easements; and providing for payment of just compensation therefore, in Kansas City, Jackson County, Missouri.

Legislation History
DateMinutesDescription
4/17/1991

Prepare to Introduce

4/18/1991

Referred Operations And Aviation

4/24/1991

Do Pass

4/25/1991

Assigned to Third Read Calendar

5/2/1991

Passed


View Attachments
FileTypeSizeDescription
No attachment(s) found

Printer Friendly Version

 

ORDINANCE NO. 910479

 

Widening Wornall Road from the north line of 96th Terrace (west of Wornall Road) to a point 394 feet north of the north line of Ward Parkway (west of Wornall Road), providing for an improved intersection with Bannister Road (State Route W); establishing the width of roadway; authorizing the grading thereof; condemning private property for street purposes, grading easements, drainage easements 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 Wornall Road from the north line of 96th Terrace (west of Wornall Road) to a point 394 feet north of the north line of Ward Parkway (west of Wornall Road) should be widened and the grading thereof authorized; and

 

WHEREAS, the Council further finds the Director of Public Works, as evidenced by his Declaration of Necessity No. 4880, adopted and entered February 22, 1991, 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 Wornall Road from the north line of 96th Terrace (west of Wornall Road) to a point 394 feet north of the north line of Ward Parkway (west of Wornall Road), all as more fully described in the right of way plans, Public Works File No. 1991-21, which are on file in the office of the Director of Public Works and are incorporated herein by reference, are hereby widened and construction thereof is hereby provided for and authorized.

 

Section 2. Width of Roadway and Sidewalks. The width of the roadway and sidewalks in Wornall Road as shown on the plans described hereafter in Section 3 of this ordinance, within the limits described herein be and the same are hereby established as follows:

 

Wornall Road - Width of Roadway

 

Varies from 48 feet at 96th Terrace (west of Wornall Road) to 123 feet at Bannister Road (State Route W), and from 123 feet at Bannister Road (State Route W) to 58 feet at a point 394 feet north of the north line of Ward Parkway.

 

Wornall Road - Width of Sidewalks

 

4 feet wide on both sides of Wornall Road from 96th Terrace (west of Wornall Road) to Bannister Road (State Route W), and 5 feet wide on both sides of Wornall Road from Bannister Road (State Route W) to a point 394 feet north of the north line of Ward Parkway.

 

Section 3. 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 supervision of the Director of Public Works and identified as Public Works File No. 1991-20 the same being on file in the office of the Director of Public Works and being incorporated herein by reference.

 

Section 4. Grading. That the grading of Wornall 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 5. Embankment. That the grading of the street or parts thereof, hereby widened, to the established 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 or damages, if any, therefore shall be paid according to law.

 

Section 6. Right of Way and Easements. That permanent street right of way, grading easements, drainage easements and temporary construction easements are hereby condemned and taken for public use for the location, construction, reconstruction, maintenance, operation and repair of street, and drainage 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, 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 permanent grading easements shall be used by Kansas City for the right to change the grade of the land and to establish slopes adjacent to the road right of way; and Kansas City shall have the right to go upon such grading easements to construct, maintain and repair the slopes as may be necessary, and there shall not be built thereon or thereover any structure (except driveways, paved areas, grass, shrubs and fences) which may interfere with the maintenance and use of said slopes. Any such easement or easements acquired by the City shall not prevent the use of property to the line of the street by the owner or occupant thereof; provided, that if he shall remove the support of an embankment he shall support the same by a sufficient wall, or by some other method satisfactory to the City Engineer.

 

The permanent drainage easements shall be used by Kansas City for storm water drainage including the right to build, construct, keep and maintain storm water drainage facilities and appurtenances; and there shall not be built thereon or thereover any structure which may interfere with the maintenance and use of said storm water drainage facilities and appurtenances.

 

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. 2 - PERMANENT STREET RIGHT OF WAY AND TEMPORARY CONSTRUCTION EASEMENT

 

Permanent Street Right of Way over, under, upon and across the following described land:

 

The east 6 feet of Lot 49, "Thomas Homesteads", a subdivision in Kansas City, Jackson County, Missouri.

 

TEMPORARY CONSTRUCTION EASEMENT

 

A Temporary Construction Easement over, under, upon and across the following described land:

 

The west 10 feet of the east 16 feet of Lot 49, "Thomas Homesteads", a subdivision in Kansas City, Jackson County, Missouri.

 

TRACT NO. 4 - 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 Lots 50 and 66, "Thomas Homesteads", a subdivision of record in Section 30, Township 48, Range 33, Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at the southeast corner of said Lot 66; thence westerly along the south line of said Lot 66, 18.88 feet; thence northerly to a point on the northeast line of said Lot 66, 44.07 feet west of the east line of said Section 30, Township 48, Range 33; thence southeasterly along said northeasterly line of said Lot 66, to the east line of said Lot 66; thence southerly to the point of beginning. Also, beginning at the southeast corner of said Lot 50; thence westerly along the south line of said Lot 50, 8.88 feet; thence northerly to a point on the north line of said Lot 50, 18.88 feet west of the northeast corner of said Lot 50; thence easterly along the north line of said Lot 50, 18.88 feet to the northeast corner of said Lot 50; thence southerly along the east line of Lot 50, 150.00 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 Lots 50 and 66, "Thomas Homesteads", a subdivision of record in Section 30, Township 48, Range 33 in Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at a point on the south line of said Lot 66, 18.88 feet westerly of the southeast corner of said Lot 66; thence west along said south line of Lot 66, 5 feet; thence northerly 110.00 feet to a point 31.21 feet west of the east line of Section 30, Township 48, Range 33; thence northerly 80.00 feet to a point 42.48 feet west of the east line of Section 30, Township 48, Range 33; thence northwesterly 98.07 feet to a point 114.30 feet west of the east line of Section 30, Township 48, Range 33; thence northeasterly 62.00 feet to a point 74.20 feet west of the east line of Section 30, Township 48, Range 33; thence northerly to a point 5 feet south of the south line of Bannister Road and 80.17 feet west of the east line of Section 30, Township 48, Range 33; thence westerly, parallel with the south line of said Bannister Road, 40.00 feet; thence northerly 5.00 feet to a point on the south line of said Bannister Road; thence easterly along said south line of said Bannister Road to a point on the northeast line of said Lot 66; thence southeasterly along said northeast line to a point 44.07 feet west of the east line of Section 30, Township 48, Range 33; thence southerly to the point of beginning. Also, beginning at a point on the south line of said Lot 50, 8.88 feet westerly from the southeast corner of said Lot 50; thence westerly along the south line of said Lot 50, 8.02 feet; thence northerly to a point on the north line of said Lot 50, 26.90 feet westerly of the northeast corner of said Lot 50; thence easterly along the north line of said Lot 50, 8.02 feet; thence southerly to the point of beginning.

 

TRACT NO. 5 - TEMPORARY CONSTRUCTION EASEMENT

 

TEMPORARY CONSTRUCTION EASEMENT

 

A Temporary Construction Easement over, under, upon and across the following described land:

 

A part of Lot 48, "Broadview Heights, Lots 40 to 51, both inclusive", a subdivision of record in Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at a point on the north line of said Lot 48 said point being on the east right of way line of Wornall Road as now established at a point 2.85 feet east of the northwest corner of said Lot 48; thence easterly along the north line of said Lot 48, 10.00 feet; thence southerly, parallel with said east right of way line, 30.00 feet; thence westerly parallel with the north line of said Lot 48, 10.00 feet to a point on said east right of way line; thence north along said east right of way line 30.00 feet to the point of beginning.

 

TRACT NO. 6 - PERMANENT STREET RIGHT OF WAY AND TEMPORARY CONSTRUCTION EASEMENT

 

Permanent Street Right of Way over, under, upon and across the following described land:

 

A part of Lot 49, "Broadview Heights, Lot 46 to 51, both inclusive", a subdivision of record in Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at a point on the north line of said Lot 49, said point being on the east right of way line of Wornall Road, as now established, said point also being 6.66 feet east of the northwest corner of said Lot 49; thence east along the north line of said Lot 49, 3.29 feet; thence southerly 49.52 feet to a point on said east right of way line; thence northerly along said east right of way, 49.41 feet to the point of beginning.

 

TEMPORARY CONSTRUCTION EASEMENT

 

A Temporary Construction Easement over, under, upon and across the following described land:

 

A part of Lot 49, "Broadview Heights, Lots 46 to 51, both inclusive", a subdivision of record in Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at a point on the north line of said Lot 49, said point being 3.29 feet east of the east right of way line of Wornall Road, as now established, said point also being 9.95 feet east of the northwest corner of said Lot 49; thence easterly along said north line of said Lot 49, 30.07 feet; thence southerly 50.00 feet to a point 30.00 feet east of the east right of way line of Wornall Road, as now established; thence westerly to a point 10.00 feet east of the east right of way line of said Wornall Road and 45.00 feet north of the south line of said Lot 49; thence southerly along a line parallel with said east right of way line to a point on the south line of said Lot 49; thence westerly along the south line of said Lot 49, 10.00 feet, to a point on said east right of way line, said point being 2.85 feet east of the southwest corner of said Lot 49; thence northerly along said east right of way line, 45.51 feet; thence northeasterly to the point of beginning.

 

TRACT NO. 7 - PERMANENT STREET RIGHT OF WAY AND TEMPORARY CONSTRUCTION EASEMENT

 

Permanent Street Right of Way over, under, upon and across the following described land:

 

A part of Lot 50, "Broadview Heights, Lots 46 to 51, both inclusive", a subdivision of record in Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at a point on the north line of said Lot 50, said point being on the east right of way line of Wornall Road, as now established, said point also being 10.48 feet east of the northwest corner of said Lot 50; thence easterly along the north line of said Lot 50, 7.00 feet; thence south 39.33 feet to a point 7.00 feet east of said east right of way line (as measured parallel to the north line of said Lot 50); thence southerly to a point on the south line of said Lot 50, said point being 9.95 feet east of the southwest corner of said Lot 50; thence westerly along the south line of said Lot 50, 3.29 feet to a point on said east right of way line; thence northerly along said right of way line to the point of beginning.

 

TEMPORARY CONSTRUCTION EASEMENT

 

A Temporary Construction Easement over, under, upon and across the following described land:

 

A part of Lot 50, "Broadview Heights, Lots 46 to 51, both inclusive", a subdivision of record in Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at a point on the north line of said Lot 50, said point being 17.48 feet east of the northwest corner of said Lot 50, said point also being 7.00 feet east of the east right of way line of Wornall Road, as now established, thence easterly along said north line of said Lot 50, 25.00 feet; thence southerly 50.00 feet to a point 32.00 feet east of the east right of way line of Wornall Road, as now established; thence westerly to a point 11.30 feet east of the east right of way line of said Wornall Road and 45.00 feet north of the south line of said Lot 50; thence southerly to a point on the south line of said Lot 50; said point being 14.97 feet east of the southwest corner of said Lot 50; thence westerly along the south line of said Lot 50, 5.01 feet to a point 3.29 feet east of said east right of way line, said point being 9.95 feet east of the southwest corner of said Lot 50; thence northerly to a point 7.00 feet east of said east right of way line as measured parallel to the north line of said Lot 50 and 39.33 feet south of the north line of said Lot 50; thence northerly to the point of beginning.

 

TRACT NO. 8 - PERMANENT STREET RIGHT OF WAY AND TEMPORARY CONSTRUCTION EASEMENT

 

Permanent Street Right of Way over, under, upon and across the following described land:

 

A part of Lot 51, "Broadview Heights, Lots 46 to 51, both inclusive", a subdivision of record in Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at a point on the south line of said Lot 51, 10.48 feet east of the southwest corner of said Lot 51; said point being on the east right of way line of Wornall Road, as now established; thence northerly along said east right of way line, 89.67 feet to a point on the northwesterly line of said Lot 51, said point being 17.61 feet northeasterly from the most westerly northwest corner of said Lot 51; thence northeasterly along said northwesterly line of Lot 51, 14.13 feet; thence southerly 60.06 feet to a point 7.00 feet east of said east right of way line (as measured parallel to the south line of said Lot 51); thence southerly parallel with said east right of way line to a point on the south line of said Lot 51; thence westerly along said southerly line of said Lot 51, 7.00 feet to the point of beginning.

 

TEMPORARY CONSTRUCTION EASEMENT

 

A Temporary Construction Easement over, under, upon and across the following described land:

 

A part of Lot 51 "Broadview Heights, Lots 46 to 51, both inclusive", a subdivision of record in Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at a point on the south line of said Lot 51, 17.48 feet easterly of the southwest corner of said Lot 51, said point being 7.00 feet east of the east right of way of Wornall Road, as now established; thence northerly, parallel with said east right of way line, 38.67 feet; thence northerly to a point on the northwest line of said Lot 51, 60.06 feet, said point being 31.74 feet northeasterly from the most westerly northwest corner of said Lot 51; thence northeasterly along said northwest line of said Lot 51, 27,35 feet; thence southerly 78.05 feet to a point 27.00 feet east of said right of way line of Wornall Road as measured parallel to the south line of said Lot 51; thence southerly 38.02 feet to a point on the south line of said Lot 51; thence westerly along said south line of said Lot 51, 20.00 feet to the point of beginning.

 

TRACT NO. 9 - PERMANENT STREET RIGHT OF WAY AND PERMANENT GRADING EASEMENT

 

Permanent Street Right of Way over, under, upon and across the following described land:

 

A part of Lot 1, "Bales Farm Addition", a subdivision of record in Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at the northwest corner of said Lot 1; thence easterly along the north line of said Lot 1, 6.27 feet; thence southerly 56.13 feet to a point 10.00 feet east of the west line of said Lot 1; thence southerly parallel with said west line of said Lot 1, 68.00 feet; thence southerly to a point on the northerly right of way line of State Route W, also know as Bannister Road, said point also being 15.82 feet southeast of the intersection of the northerly right of way line of State Route W and the west line of said Lot 1; thence northwesterly along the northerly right of way line of said State Route W, 15.82 feet to a point on the west line of said Lot 1; thence northerly along the west line of said Lot 1 to the point of beginning.

 

PERMANENT GRADING EASEMENT

 

A Permanent Grading Easement over, under, upon and across the following described land:

 

A part of Lot 1, "Bales Farm Addition", a subdivision of record in Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at a point on the north line of said Lot 1 at a point 6.27 feet easterly of the northwest corner of said Lot 1; thence easterly along the north line of said Lot 1, 40.15 feet; thence southerly 53.94 feet to a point 50.00 feet east of the west line of said Lot 1; thence southerly parallel with the west line of said Lot 1, 68.00 feet; thence southerly to a point on the northerly right of way line of State Route W also known as Bannister Road, said point being 59.73 feet southeasterly of the intersection of the northeasterly right of way line of State Route W and the west line of said Lot 1; thence northwesterly along the northerly right of way line of said State Route W, 43.91 feet; thence northerly 72.40 feet to a point 10.00 feet east of the west line of said Lot 1; thence northerly parallel with the west line of said Lot 1, 68.00 feet; thence northerly 56.13 feet to the point of beginning, except part lying in the existing permanent grading easement acquired in Condemnation Ordinance No. 32858, passed July 15, 1966, as amended in Ordinance No. 33566, passed January 27, 1967 and confirmed in Cause No. 683768 dated October 12, 1967.

 

TRACT NO. 11 - DRAINAGE EASEMENT, PERMANENT GRADING EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT

 

A Permanent Drainage Easement over, under, upon and across the following described land:

 

A portion of Lot 7, "Bales Farm Addition", a subdivision of record in Kansas City, Jackson County, Missouri, described as follows: Beginning at a point on the west line of Lot 7 at a point 242.26 feet north of the southwest corner of said Lot 7; thence north along said west line of Lot 7, 70.74 feet to a point 155.00 feet south of the northwest corner of Lot 7; thence northerly along the east right of way line of Wornall Road, as now established, 32.07 feet; thence southerly 102.26 feet to the point of beginning.

 

PERMANENT GRADING EASEMENT

 

A Permanent Grading Easement over, under, upon and across the following described land:

 

A portion of Lot 7, "Bales Farm Addition", a subdivision of record in Kansas City, Jackson County, Missouri, described as follows: Beginning at a point on the north line of Lot 7, 35.00 feet easterly of the northwest corner of said Lot 7; said point being on the easterly right of way line of Wornall Road, as now established; thence easterly along the north line of said Lot 7, 15.0 feet; thence southwesterly to a point on the easterly right of way line of said Wornall Road, 102.41 feet southerly of the north line of said Lot 7, as measured along said easterly right of way line; thence northerly 102.41 feet to the point of beginning.

 

TEMPORARY CONSTRUCTION EASEMENT

 

A Temporary Construction Easement over, under, upon and across the following described land:

 

A portion of Lot 7, "Bales Farm Addition", a subdivision of record in Kansas City, Jackson County, Missouri, described as follows: Beginning at a point on the north line of Lot 7, 50.00 feet easterly of the northwest corner of said Lot 7; thence easterly along the north line of said Lot 7, 18.33 feet; thence southwesterly 102.09 feet to a point on said easterly right of way line of Wornall Road, as now established; thence northerly to the point of beginning.

 

TRACT NO. 12 - TEMPORARY CONSTRUCTION EASEMENT

 

A Temporary Construction Easement over, under, upon and across the following described land:

 

All that part of a tract of land in the Southwest Quarter of the Northwest Quarter of Section 29, Township 48, Range 33, in Kansas City, Jackson County, Missouri lying east of the easterly right of way line of Wornall Road, as now established, north of "Bales Farm Addition", and south of "Boone Manor Annex", both subdivisions of record in Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at a point on the north line of Lot 7, "Bales Farm Addition", said point being 50.00 feet easterly of the northwest corner of said Lot 7, said point also being on the easterly right of way line of Wornall Road, as now established; thence northerly along said easterly right of way line, 289.76 feet; thence easterly perpendicular to the last described course, 20.00 feet; thence southerly parallel with said easterly right of way line, 252.00 feet; thence southerly 37.82 feet to a point on said north line of Lot 7, said point being 65.33 feet easterly of the northwest corner of said Lot 7; thence westerly along said north line of Lot 7, 15.33 feet to the point of beginning, except part in the existing drainage easement acquired in Condemnation Ordinance No. 32858, passed July 15, 1966 as amended by Ordinance No. 33566, passed January 27, 1967 and confirmed in Cause No. 683768 dated October 12, 1967.

 

TRACT NO. 13 - PERMANENT STREET RIGHT OF WAY, PERMANENT GRADING EASEMENT, AND TEMPORARY CONSTRUCTION

EASEMENT

 

Permanent Street Right of Way over, under, upon and across the following described land:

 

Part of the Southeast Quarter of the Northeast Quarter of Section 30, Township 48, Range 33, in Kansas City, Jackson County, Missouri; more particularly described as follows: Beginning at the point of intersection of the west right of way line of Wornall Road, as now established and the north right of way line of State Route W commonly known as Bannister Road, as now established; thence westerly along said north right of way line of Route W, 63.46 feet; thence northeasterly along a curve to the left having a radius of 48.00 feet, an arc distance of 61.71 feet to a point 46.00 feet west of the east line of the Northeast Quarter of said Section 30, and 43.75 feet north of said north line of Route W; thence northerly 59.78 feet to a point 42.00 feet west of the east line of Northeast Quarter of said Section 30; thence northerly parallel with the east line of said Northeast Quarter of Section 30, 773.47 feet; thence northwesterly to a point on the south right of way line of Ward Parkway, as now established and 45.00 feet west of the east line of the Northeast Quarter of said Section 30; thence southeasterly along said right of way line along a curve to the right having a radius of 59.00 feet, an arc distance of 42.09 feet to a point 27.10 feet west of the east line of the Northeast Quarter of said Section 30; thence southerly along said right of way line 109.42 feet to a point 20.00 feet west of the east line of the Northeast Quarter of said Section 30, said point also being the west right of way of Wornall Road, as now established; thence southerly along said west right of way line of Wornall Road, 746.72 feet to the point of beginning.

 

PERMANENT GRADING EASEMENT

 

A Permanent Grading Easement over, under, upon and across the following described land:

 

Part of the Southeast Quarter of the Northeast Quarter of Section 30, Township 48, Range 33, in Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at a point on the north right of way line of Route W, also know as Bannister Road, as now established, at a point 63.46 feet west of the intersection of the north line of said Route W and the west line of Wornall Road, as now established; thence northeasterly along a curve to the left having a radius of 48.00 feet, an arc distance of 61.71 feet to a point 46.00 feet west of the east line of the Northeast Quarter of said Section 30, and 43.75 feet north of said north line of Route W; thence northerly 59.78 feet to a point 42.00 feet west of the east line of Northeast Quarter of said Section 30; thence northerly parallel with the east line of said Northeast Quarter of Section 30; 638.59 feet; thence southerly 150.75 feet to a point 57.00 feet west of the east line of the Northeast Quarter of said Section 30; thence southerly along a line parallel with and 57.00 feet west of the east line of said Northeast Quarter of Section 30, 205.00 feet; thence westerly perpendicular to the last described course, 10.00 feet; thence southerly along a line parallel with and 67.00 feet west of the east line of said Northeast Quarter of Section 30, 345.00 feet; thence southwesterly 45.00 feet more or less to the point of beginning, except part in existing slope easement.

 

TEMPORARY CONSTRUCTION EASEMENT

 

A Temporary Construction Easement over, under, upon and across the following described land:

 

Part of the Southeast Quarter of the Northeast Quarter of Section 30, Township 48, Range 33 in Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at a point on the north right of way line of Route W, also known as Bannister Road, as now established, at a point 63.46 feet west of the intersection of the north line of said Route W and the west line of Wornall Road, as now established; thence westerly along said north right of way line 44.86 feet; thence northerly perpendicular to the last described course 10.00 feet; thence easterly, parallel with said north right of way line 40.00 feet; thence northeasterly 94.85 feet to a point 82.00 feet west of the east line of the Northeast Quarter of said Section 30; thence northerly parallel with said east line of the Northeast Quarter 487.26 feet; thence easterly perpendicular to the last described course 25.00 feet; thence northerly parallel with said east line of the Northeast Quarter of Section 30, 150.00 feet; thence easterly perpendicular to the last described course 15.00 feet; thence southerly 150.75 feet to a point 57.00 feet west of the east line of the Northeast Quarter of said Section 30; thence southerly along a line parallel with and 57.00 feet west of the east line of said Northeast Quarter of Section 30, 205.00 feet; thence westerly perpendicular to the last described course, 10.00 feet; thence southerly along a line parallel with and 67.00 feet west of the east line of said Northeast Quarter of Section 30, 345.00 feet; thence southwesterly 45 feet more or less to the point of beginning, except part in existing slope easement.

 

Section 7. Utilities. That in widening 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 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 road right of way and permanent easements described herein, and in conformance with the 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 grading easements, drainage easements, and 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 the 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 grading easements, drainage easements, and 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