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Legislation #: 140678 Introduction Date: 8/28/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Authorizing conveyance of an easement to the State of Missouri, for the right to change the grade and to establish and maintain slopes and cutbacks adjacent to the highway right-of-way, in connection with improvements to Interstate -70 west of the Blue River.

Legislation History
DateMinutesDescription
8/20/2014 Filed by the Clerk's office
8/28/2014 Referred to Transportation & Infrastructure Committee
9/4/2014 Hold Off Agenda
7/9/2015 Release
7/5/2016 Released

View Attachments
FileTypeSizeDescription
140678 Grading Easement.pdf Exhibit 92K Grading Easement
140678 Fact Sheet.pdf Fact Sheet 109K Fact Sheet

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ORDINANCE NO. 140678

 

Authorizing conveyance of an easement to the State of Missouri, for the right to change the grade and to establish and maintain slopes and cutbacks adjacent to the highway right-of-way, in connection with improvements to Interstate -70 west of the Blue River.

 

WHEREAS, it has been determined that an easement is necessary to provide additional space across City-owned property for the toe of slope of the embankments to Interstate -70, generally located adjacent to and north and south of Interstate -70 and west of the Blue River, for the widening of said Interstate in connection with MODoT construction Project No. J4I1916; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Director of Public Works is hereby authorized to execute an agreement granting a grading easement to the State of Missouri, acting by and through the Missouri Highways and Transportation Commission, across City-owned property in Kansas City, Jackson County, Missouri, and more specifically described as follows:

 

Grading Easement No. 1 (North)

 

Commencing at the center of said Section 13; thence along the East line of the Southwest Quarter of said Section 13, South 02 Degrees 08 Minutes 34 Seconds West, 466.03 feet to a point on the Northerly Right-of-Way line of Interstate 70, as now established, said point being at station 263+42.93 and 100.00 feet left of centerline; thence along said Northerly Right-of-Way line the following calls and distances; North 59 Degrees 19 Minutes 41 Seconds West, 242.93 feet; thence North 32 Degrees 45 Minutes 46 Seconds West, 111.80 feet; thence North 59 Degrees 19 Minutes 41 Seconds West, 38.75 feet to a point on said Northerly Right-of-Way line at station 259+61.25 and 150.00 feet left of centerline, said point being the Point of Beginning;

 

Thence from the Point of Beginning and continuing along said Northerly Right-of-Way line, North 59 Degrees 19 Minutes 41 Seconds West, 194.89 feet to a point on said Northerly Right-of-Way line at station 257+66.36 and 150.00 feet left of centerline; thence leaving said Northerly Right-of-Way line, South 68 Degrees 19 Minutes 33 Seconds East, 45.97 feet; thence South 62 Degrees 34 Minutes 42 Seconds East, 86.95 feet; thence South 53 Degrees 44 Minutes 01 Seconds East, 39.09 feet; thence South 40 Degrees 03 Minutes 25 Seconds East, 25.17 feet to the Point of Beginning, and contains 0.03 acres, more or less.

 


Grading Easement No. 2 (Southeast)

 

A tract of land located in part of the Southwest Quarter of Section 13, Township 49 North, Range 33 West, Kansas City, Jackson County, Missouri, being more particularly described as follows:

 

Commencing at the center of said Section 13; thence along the East line of the Southwest Quarter of said Section 13, South 02 Degrees 08 Minutes 34 Seconds West, 693.67 feet to a point on the Southerly Right-of-Way line of Interstate 70, as now established, said point being at station 264+51.66 and 100.00 feet right of centerline; thence along said Southerly Right-of-Way line the following calls and distances; North 59 Degrees 19 Minutes 41 Seconds West, 251.66 feet; thence South 75 Degrees 40 Minutes 19 Seconds West, 91.92 feet; thence North 58 Degrees 58 Minutes 13 Seconds West, 62.32 feet to a point on said Southerly Right-of-Way line at station 260+72.68 and 164.61 feet right of centerline, said point being the Point of Beginning;

 

Thence from the Point of Beginning and leaving said Southerly Right-of-Way line, North 89 Degrees 24 Minutes 50 Seconds West, 29.13 feet; thence North 65 Degrees 53 Minutes 19 Seconds West, 61.81 feet; thence North 50 Degrees 09 Minutes 59 Seconds West, 50.56 feet; thence North 35 Degrees 16 Minutes 06 Seconds West, 35.98 feet to a point on said Southerly Right-of-Way line at station 259+03.30 and 163.55 feet right of centerline; thence along said Southerly Right-of-Way line, South 58 Degrees 58 Minutes 13 Seconds East, 169.39 feet to the Point of Beginning and contains 0.06 acres, more or less.

 

Grading Easement No. 3 (Southwest)

 

A tract of land located in part of the Southwest Quarter of Section 13, Township 49 North, Range 33 West, and also being part of vacated Freemont Avenue, East Center, Blocks 20-27, a subdivision in Kansas City, Jackson County, Missouri, being more particularly described as follows:

 

Commencing at the center of said Section 13; thence along the East line of the Southwest Quarter of said Section 13, South 02 Degrees 08 Minutes 34 Seconds West, 693.67 feet to a point on the Southerly Right-of-Way line of Interstate 70, as now established, said point being at station 264+51.66 and 100.00 feet right of centerline; thence along said Southerly Right-of-Way line the following calls and distances; North 59 Degrees 19 Minutes 41 Seconds West, 251.66 feet; thence South 75 Degrees 40 Minutes 19 Seconds West, 91.92 feet; thence North 58 Degrees 58 Minutes 13 Seconds West, 236.40 feet; thence North 87 Degrees 53 Minutes 07 Seconds West, 82.25 feet; thence North 02 Degrees 06 Minutes 53 Seconds East, 55.07 feet to a point on said Southerly Right-of-Way line at station 258+00.03 and 154.47 feet right of centerline, said point being the Point of Beginning;

 

Thence from the Point of Beginning and leaving said Southerly Right-of-Way line, North 65 Degrees 19 Minutes 28 Seconds West, 64.97 feet to a point on said Southerly Right-of-Way line at station 257+35.42 and 161.26 feet right of centerline, said point also being the Northeast corner of Lot 23, Block 24, said East Center, Blocks 20-27; thence along said Southerly Right-of-Way line, South 87 Degrees 53 Minutes 07 Seconds East, 60.00 feet to a point on said Southerly Right-of-Way line at station 257+88.12 and 132.58 feet right of centerline, said point also being the Northeast corner of said vacated Freemont Avenue; thence South 02 Degrees 06 Minutes 53 Seconds West, 24.93 feet to the Point of Beginning, and contains 0.02 acres, more or less.

Said Grantee shall have the right at all times to go upon the lands herein described to construct, maintain and repair the said slopes and cutbacks as may be necessary, and while nothing in this deed shall be construed so as to grant any right to said Grantee which shall in any way interfere with the safe and unrestricted use by Grantor of the land adjacent to and below said easement, Grantor shall not use nor attempt to use said property in such manner as would interfere with the proper, safe and continuous maintenance and use of said easement and specifically shall not build thereon, thereunder, or thereover any structure which may interfere with the maintenance and use of said slopes and cutbacks.

 

Section 2. That the Council pursuant to the enactment of this ordinance does hereby approve said easement conveyance. A copy of said easement conveyance is on file in the Public Works Department.

 

___________________________________________________

 

Approved as to form and legality:

 

 

______________________________

Mark Jones

Assistant City Attorney