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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repealed.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.
_________________________________________________________
Approved
as to form and legality:
_____________________________
Assistant
City Attorney