ORDINANCE NO. 980769

Amending Ordinance No. 980516, passed May 14, 1998, widening and establishing N.W. Klamm Drive from the centerline of Fisk Avenue to a point about 630 feet south of the centerline of Fisk Avenue by repealing Section 8 and enacting in lieu thereof one new section of like subject to correct errors in the descriptions of property authorized to be condemned for street, drainage and construction purposes, all other sections of said ordinance shall remain in force and effect.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Section 8 of Ordinance No. 980516, passed May 14, 1998, is hereby repealed.

Section 2. That permanent street right-of-way, 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, sewer, drainage and utility 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, retaining walls, 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 roadways.

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 respectively; 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.

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 and replacement of fencing, removal of 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. 3 - PERMANENT STREET RIGHT-OF-WAY, DRAINAGE EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT

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

A strip of land lying West of and adjacent to the centerline of Klamm Drive being a portion of the tract described in Document No. 31974, Book 690, Page 565 filed with the Recorder of Deeds for Platte County, Missouri. Said strip of land is more particularly described as follows:

A tract of land in the Southwest Quarter of Section 19, Township 51, Range 33, Kansas City, Platte County, Missouri, described as follows: beginning at the Northwest corner of said tract described in Document No. 31974, also being a point on the West line of Section 19, T51, R33, 1,019.68 feet South of the Northwest corner of said Southwest Quarter; thence North 7941'51" East, 325.32 feet; thence South 815'59" East, 321.89 feet; thence South 7824'33" East, 71.57 feet to the true point of beginning; thence South 7824'33" East, 24.59 feet; thence South 1246'24" West, 109.90 feet; thence North 8859' 06" West 25.59 feet; thence North 1300'21" East 114.61 feet to the true point of beginning.

A permanent drainage easement over, under, upon and across the following described land:

A 20 foot by 13 foot easement in the southeast corner of the tract described in Document No. 31974, Book 690, Page 565 filed with the Recorder of Deeds for Platte County, Missouri. Said easement is more particularly described as follows:

In the Southwest Quarter of Section 19, Township 51, Range 33, Kansas City, Platte County, Missouri, beginning at the Northwest corner of said tract, also being a point on the West line of Section 19, T51, R33, 1,019.68 feet South of the Northwest corner of said Quarter Section; thence North 7941'51" East, 325.32 feet; thence South 815' 59" East, 321.89 feet; thence South 7824'33" East, 71.57 feet; thence South 13 00' 21" West, 101.39 feet along the Right-of Way line of Klamm Drive to the true point of beginning; thence South 13 00' 21" West continuing along the Right-of Way line of Klamm Drive 13.22 feet to a point on the south line of said tract; thence west along said south line 20 feet; thence northerly parallel to the Right-of-Way line of Klamm drive 13.22 feet; thence east 20 feet to the true point of beginning.

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

A tract of land 20.0 feet in width lying West of and adjacent to the following described line in the Southwest Quarter of Section 19, Township 51, Range 33, Kansas City, Platte County, Missouri:

Commencing on the West line of the aforesaid Southwest Quarter at a point 1,019.68 feet South of the Northwest corner thereof; thence south 0 48' 31" West along the West line of said Quarter Section , 379.08 feet; thence South 88 59' 06" East 416.09 feet to the point of beginning of the line being herein described; thence North 13 00' 21" East , 114.61 feet to the point of termination, except that part in the permanent drainage easement.

This ordinance is recommended for passage by the Director of Public Works.

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Approved as to form and legality:

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Assistant City Attorney