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Legislation #: 020102 Introduction Date: 1/24/2002
Type: Ordinance Effective Date: 2/17/2002
Sponsor: None
Title: Change and reestablish the grade on a portion of North Bennington Avenue at 44 th Street as it now exists, all in Kansas City, Clay County, Missouri.

Legislation History
DateMinutesDescription
1/24/2002

Prepare to Introduce

1/24/2002

Referred Operations Committee

1/30/2002

Do Pass

1/31/2002

Add to Consent Docket

2/7/2002

Passed


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ORDINANCE NO. 020102

 

Change and reestablish the grade on a portion of North Bennington Avenue at 44th Street as it now exists, all in Kansas City, Clay County, Missouri.

 

WHEREAS, the Council finds that for the pubic good, and in conjunction with the approval and construction of the proposed Subdivision Plat of Bennington Place, it is deemed necessary that the grade be changed and reestablished on N. Bennington Avenue from a point 405.01 feet south of the southeast corner of the Northwest Quarter of Section 4, Township 50 North, Range 32 West, as it now exists, to a point 606.73 feet north of the southwest corner of the Northwest Quarter of Section 4, Township 50 North, Range 32 West, as it now exists, all in Kansas City, Clay County, Missouri; and the grading thereof authorized; and that the Director of Public Works, has the plans and specifications for said improvements prepared by the Developer; and

 

WHEREAS, the Council further finds that it adopted Resolution No. 011637 on November 29, 2001, declaring it to be necessary to change and re-establish the grade on N. Bennington Avenue from a point 405.01 feet South of the Southeast corner of the Northwest quarter of Section 4, Township 50 North, Range 32 West, as it now exists, to a point 606.73 feet North of the Southwest corner of the Northwest quarter of Section 4, Township 50 North, Range 32 West, as it now exists, in Kansas City, Clay 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 December 10, and ending December 21, 2001, that the remonstrance period which began on December 10, 2001 has ended on January 10, 2002, and having no remonstrance being filed during said period;

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the grades be re-established on N. Bennington Avenue from a point 405.01 feet South of the Southeast corner of the Northwest quarter of Section 4, Township 50 North, Range 32 West, as it now exists, to a point 606.73 feet North of the Southwest corner of the Northwest quarter of Section 4, Township 50 North, Range 32 West, as it now exists, all in Kansas City, Clay County, Missouri, as set forth in Resolution No. 011637, adopted by the Council of Kansas City, Missouri, on November 29, 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 (722.30), as follows to wit:

 

All grade points are on the centerline of North Bennington Avenue. The Southeast corner of the Northwest quarter of Section 4, Township 50 West, Range 32 West, is located 5.08 feet right of station

7 + 03.34 on the centerline of N. Bennington Avenue, Herein after called the Corner Station.

 

N Bennington Avenue

Elevation

At a point, 404.88 feet South of the Corner station, being station

2 + 98.33 157.86

 

At a point, 217.38 feet South of the Corner station, being station

4 + 85.53 177.79

 

At a point, 287.62 feet North of the Corner station, being station

9 + 90.83 168.78

 

Except that the grade planes meeting at station 4 + 85.53 shall

Be connected by a vertical curve having tangents of 187.5 feet

in length

 

At a point, 606.86 feet North of the Corner station, being station

13 + 10.07 188.73

 

Except that the grade planes meeting at station 9 + 90.83 shall

Be connected by a vertical curve having tangents 175 feet in

length

Section 2. 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 No. 2001-331 for construction, the same being on file in the Office of the Director of Public Works and being incorporated herein by reference.

 

Section 3. That in grading said streets or parts thereof hereby changed or established to the established or re-established 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.

 

________________________________________________________

 

Approved as to form:

 

 

___________________________________

Assistant City Attorney