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