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Legislation #: 031144 Introduction Date: 10/9/2003
Type: Ordinance Effective Date: none
Sponsor: None
Title: Improving and establishing on certain portions of Brooklyn Avenue from the north line of 83rd Street Terrace (on the west side) to the south line of 82nd Street Terrace; including improved intersections with Maddi Avenue; 83rd Street Terrace; and 83rd Street; including condemning and taking private property for permanent right-of-way and temporary construction easements for the improving of Brooklyn Avenue and said associated improved intersections; providing for the payment of just compensation therefor; and authorizing negotiations by the Director of City Development, all in Kansas City, Jackson County, Missouri.

Legislation History
DateMinutesDescription
10/8/2003

Prepare to Introduce

10/9/2003

Referred Operations Committee

10/15/2003

Do Pass

10/16/2003

Assigned to Third Read Calendar

10/23/2003

Passed


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ORDINANCE NO. 031144

 

Improving and establishing on certain portions of Brooklyn Avenue from the north line of 83rd Street Terrace (on the west side) to the south line of 82nd Street Terrace; including improved intersections with Maddi Avenue; 83rd Street Terrace; and 83rd Street; including condemning and taking private property for permanent right-of-way and temporary construction easements for the improving of Brooklyn Avenue and said associated improved intersections; providing for the payment of just compensation therefor; and authorizing negotiations by the Director of City Development, all in Kansas City, Jackson County, Missouri.

 

WHEREAS, the Council finds that for the public good it is deemed necessary that Brooklyn Avenue from the north line of 83rd Street Terrace (on the west side) to the south line of 82nd Street Terrace; be improved and established, including improved intersections Maddi Avenue; 83rd Street Terrace; and 83rd Street; and the grading thereof be authorized; including condemning and taking private property for permanent right-of-way, storm drainage easements, retaining wall easements and temporary construction easements for the improving of Brooklyn Avenue and said associated improved intersections; providing for the payment of just compensation therefor; and authorizing negotiations by the Director of City Development, all in Kansas City, Jackson County, Missouri; and

 

WHEREAS, the Council further finds the Director of Public Works, as evidenced by his Declaration of Necessity No. 5266 adopted and entered on November 18, 2002, has caused the plans and specifications for the said improvements to be prepared; and

 

WHEREAS, the Council further finds that, pursuant to Article VII of the Charter of Kansas City, it adopted Resolution No. 030870 on August 28, 2003, declaring it to be necessary to change and establish the grades on certain said portions of Brooklyn Avenue and improved intersections, all in Kansas City, Jackson County, Missouri; publication for said grade change began on September 3, 2003, and ended on September 16, 2003, with the period for remonstrance ending on October 2, 2003, and there being no remonstrance filed; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the improving and establishing of Brooklyn Avenue and changing and reestablishing the grade on certain portions of Brooklyn Avenue from the north line of 83rd Street Terrace (on the west side) to the south line of 82nd Street Terrace, including improved intersections, all as indicated on the plans herein referenced are hereby provided for and authorized.

Section 2. Said improvements shall be of the nature described and specified in, and shall be done in accordance with the plans and specifications prepared and certified by the City Engineer under the supervision of the Director of Public Works and identified as Public Works File No. 2002- 092, the same being on file in the Office of the Director of Public Works and being incorporated herein by reference.

 


Section 3. The width of the right of way of Brooklyn Avenue, as shown on the plans described in Section 2, of this ordinance, within the limits described herein be and the same are hereby established as follows:

 

Brooklyn Avenue - Width of Right of Way

East Side

 

Varies from 25 feet to 30 feet from Station 9+88.00 to Station 18+62.50 as shown on the plans and specifications identified as Public Works File No. 2002-092.

 

Brooklyn Avenue - Width of Right of Way

West Side

 

25 feet from Station 9+88.00 to Station 18+62.50 as shown on the plans and specifications identified as Public Works File No. 2002-092.

 

Maddi Avenue - Width of Right of Way

East Side

 

20 feet from Station 28+70.00 to Station 30+00.00 as shown on the plans and specifications identified as Public Works File No. 2002-092.

 

Maddi Avenue - Width of Right of Way

West Side

 

20 feet from Station 28+70.00 to Station 30+00.00 as shown on the plans and specifications identified as Public Works File No. 2002-092.

 

83rd Street - Width of Right of Way

East Side

 

20 feet from Station 48+85.88 to Station. 50+00.00 as shown on the plans and specifications identified as Public Works File No. 2002-092.

 

83rd Street - Width of Right of Way

West Side

 

20 feet from Station 48+85.88 to Station 50+00.00 as shown on the plans and specifications identified as Public Works File No. 2002-092.

 

83rd Street Terrace - Width of Right of Way

East Side

 

15 feet from Station 40+00.00 to Station 41+57.50 as shown on the plans and specifications identified as Public Works File No. 2002-092.

 

83rd Street Terrace - Width of Right of Way

West Side

 

15 feet from Station 40+00.00 to Station 41+57.50 as shown on the plans and specifications identified as Public Works File No. 2002-092.

 

Section 4. That the grading of Brooklyn Avenue and associated improved intersections, within the limits described herein, is hereby authorized to be done to the established and reestablished grades all in accordance with the plans and specifications.

Section 5. That the Council finds and declares it to be necessary to establish the grade on Brooklyn Avenue from the north line of 83rd Street Terrace (on the west side) to the south line of 82nd Street Terrace; Maddi Avenue, from the west line of Brooklyn Avenue, West 105.0 feet; 83rd Street Terrace, from the east line of Brooklyn Avenue, East 127.50 feet; and 83rd Street, from the west line of Brooklyn, west 89.12 feet, all being in Kansas City, Jackson County, Missouri, in accordance with the provisions of Section 224, Article VII of the Charter of Kansas City, and as shown on the plans (2002-092) on file in the office of the Director of Public Works, locating and defining the adjacent grade points on said streets, on the centerline of the roadways, which shall be connected by straight grade (tangents) or vertical curves between such grade points, the elevation of which are herein given in feet using NGS Datum: North American Vertical Datum 1988 (722.57 is the conversion to Kansas City datum), to wit:

 

Brooklyn Avenue

 

Elevation

 

At a point 5.49 feet north of the centerline of 83rd Street Terrace 875.01

 

At a point 135.09 feet north of the centerline of 83rd Street Terrace 878.02

 

At a point 175.09 feet north of the centerline of 83rd Street Terrace 878.95

 

At a point 215.09 feet north of the centerline of 83rd Street Terrace 881.64

 

Except the grade planes meeting at 175.09 feet north of the

centerline of 83rd Street Terrace shall be connected with a

vertical curve 80 feet in length

 

At a point 251.54 feet north of the centerline of 83rd Street Terrace 884.09

 

At a point 409.04 feet north of the centerline of 83rd Street Terrace 894.68

 

At a point 566.54 feet north of the centerline of 83rd Street Terrace 880.29

 

Except the grade planes meeting at 409.04 feet north of the

centerline of 83rd Street Terrace shall be connected with a

vertical curve 315 fee in length.

 

At a point 566.99 feet north of the centerline of 83rd Street Terrace 880.25

 

At a point 701.99 feet north of the centerline of 83rd Street Terrace 867.91

 

At a point 836.99 feet north of the centerline of 83rd Street Terrace 882.12

 

Except the grade planes meeting at 701.99 feet north of the

centerline of 83rd Street Terrace shall be connected with a

vertical curve tangents 270.0 feet in length.

 

At a point 838.99 feet north of the centerline of 83rd Street Terrace 882.33

 

At a point 879.99 feet north of the centerline of 83rd Street Terrace 886.23

 

Maddi Avenue

 

Elevation

 

At the centerline of Brooklyn Avenue 887.85

 

At 20.0 feet west of the centerline of Brooklyn Avenue 888.25

 

At 50.0 feet west of the centerline of Brooklyn Avenue 888.85

 

At 80.0 feet west of the centerline of Brooklyn Avenue 890.74

 

Except the grade planes meeting at 50.0 feet west of the

centerline of Brooklyn Avenue shall be connected with a

vertical curve 60.0 feet in length.

 

At 90.0 feet west of the centerline of Brooklyn Avenue 891.37

 

At 110 feet west of the centerline of Brooklyn Avenue 892.63

 

At 130.0 feet west of the centerline of Brooklyn Avenue 891.43

 

Except the grade planes meeting at 110.0 feet west of the

centerline of Brooklyn Avenue shall be connected with

vertical curve 40.0 feet in length.

 

83rd Street Terrace

(East Side)

 

Elevation

 

At the centerline of Brooklyn Avenue 886.24

 

At 15 feet east of the centerline of Brooklyn Avenue 885.94

 

At 25 feet east of the centerline of Brooklyn Avenue 888.74

 

At 35 feet east of the centerline of Brooklyn Avenue 885.64

 

Except the grade planes meeting at 25 feet east of the

centerline of Brooklyn Avenue shall be connected with

a vertical curve 20.0 feet in length.

 

At 97.50 feet east of the centerline of Brooklyn Avenue 885.01

 

At 127.50 feet east of the centerline of Brooklyn Avenue 884.71

 

At 157.50 feet east of the east line of Brooklyn Avenue 882.57

 

Except the grade planes meeting at 127.50 feet east of the

centerline of Brooklyn Avenue shall be connected with a

vertical curve 60.0 feet in length.

 

83rd Street

 

Elevation

 

At the centerline of Brooklyn Avenue 875.82

 

At 29.12 feet west of the centerline of Brooklyn Avenue 875.24

 

At 71.62 feet west of the centerline of Brooklyn Avenue 874.39

 

At 114.12 feet west of the centerline of Brooklyn Avenue 876.14

 

Except the grade planes meeting at 71.62 feet west of the

centerline of Brooklyn Avenue shall be connected with a

vertical curve 85 feet in length.

Section 6. The permanent right-of-way and temporary construction easements are hereby condemned and taken for public use for the location, construction, reconstruction, maintenance, operation and repair of street and drainage over, under, upon and across the land hereinafter described.

 

The permanent right-of-way shall be used as the permanent location of the public roadways, supporting embankments and slopes, retaining walls, and drainage structures respectively to be constructed therein; and shall be kept and used for all lawful purposes including, but not limited to constructing, reconstructing, maintaining, operating and repairing the roadway and associated features.

 

The temporary construction easement shall be used by the Kansas City or its authorized agents, servants, employees or contractors during the construction for grading and sloping, construction of driveway pavements, removal of structures, removal and replacement of fencing, removal of trees and shrubbery, utility construction work, storage of materials, the operation of equipment, and the movement of a work force. After the work is complete, 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 easement shall terminate upon completion and acceptance of the improvements by the Director of Public Works and/or the State District Engineer.

 

TRACT NO. 12:

 

Permanent Right-Of-Way

 

A triangular area in the southwest corner of Lot 22, Block 7, Selfs Addition, a subdivision of land in the City of Kansas City, Jackson County, Missouri, according to the recorded plat thereof, described as follows: Beginning at the southwest corner of Lot 22; thence northerly 10 feet along the west line of Lot 22; thence southeasterly to a point on the south line of Lot 22, said point being 10 feet East of the southwest corner; thence westerly along the south line of Lot 22 to the point of beginning, containing 50.00 square feet or 0.0011 acres, more or less.

 

Temporary Construction Easement

 

The west 20 feet of Lot 21; the south 10 feet of Lot 22, except the west 25 feet; and the west 25 feet of Lot 22, except a triangular area for right-of-way, described as follows: Beginning at the southwest corner of Lot 22; thence northerly 10 feet along the west line of Lot 22; thence southeasterly to a point on the south line of Lot 22, said point being 10 feet east of the southwest corner; thence westerly along the south line of Lot 22 to the point of beginning, all in Block 7, Selfs Addition, a subdivision of land in the City of Kansas City, Jackson County, Missouri, according to the recorded plat thereof, containing 3,562 square feet or 0.0818 acres, more or less.

TRACT NO. 13:

 

Temporary Construction Easement

 

The east 20 feet of the south 40 feet of Lot 131, the East 10 feet, except the south 40 feet, of Lot 131, and the north 10 feet, except the east 20 feet, of Lot 131, Dudleys 37th Addition, a subdivision of land in the City of Kansas City, Jackson County, Missouri, according to the recorded plat thereof, containing 1,851 square feet or 0.0425 acres, more or less.

 

Section 7. That in widening said street certain public utility corporation easements may be included within the boundaries of the lands acquired for permanent easements described herein, and in that regard Kansas City reserves unto such public utility corporations the right to keep and maintain such physical improvements as are presently located within such easements in conformance with the street improvement to be made by the City. Where no such physical improvements are presently located within such easements, said corporations shall have the right to locate, construct and maintain their respective improvements, subject, however, to the rights acquired herein by the City to construct and maintain the street improvements within the limits of the said lands acquired for permanent easements described herein, and in conformance with the reestablished grade of the street improvements.

Section 8. Just compensation for the private property to be condemned and taken in fee as aforesaid and such damages as may be found to accrue by reason of the grading of said streets, shall be assessed and paid in one or more proceedings in the manner provided by Articles VI and VII of the Charter of Kansas City, or by the provisions of Rule 86 of the Rules of Civil Procedure, or by any other method authorized by law; and the proceedings therefore shall be instituted in the Circuit Court of Jackson County, Missouri, in the first instance. The compensation to be paid for the taking of said private property for public use and the damages or remuneration on account of said grading thereof, shall be derived from funds now available or to be made available.

Section 9. If any lands or easements as aforesaid shall be acquired by the City's Director of City Development, which she is hereby authorized to do, prior to or during pendency of condemnation proceedings, the City Attorney is hereby authorized to withdraw such land or easement

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

John H. Altergott, Jr.

Assistant City Attorney