ORDINANCE NO. 120425

Declaring it necessary to change and re-establish the grades of, and the relocation, opening, establishing and dedicating of street right-of-way on N.W. Prairie View Road, all in Kansas City, Platte County, Missouri; and directing the City Clerk to cause a notice to be published as provided for herein.

WHEREAS, the City of Kansas City with the adoption of Ordinance No. 080150 on March 6, 2008, modified the City’s Major Street Plan in the vicinity of Interstate 29 and Route 45; and

WHEREAS, the City of Kansas City with the adoption of Ordinance No. 090632 on July 30, 2009, authorized the Director of Public Works to execute a Municipal/Road Relinquishment Agreement with the Missouri Highways and Transportation Commission which required the City to relocate N.W. Prairie View Road north of Route 45 by the year 2017; and

WHEREAS, the Council finds that for the public good it is necessary that the grades on N.W. Prairie View Road from Route 45 and to the north approximately 1700 feet, all in Kansas City, Platte County, Missouri, be changed and re-established; and

WHEREAS, the Council further finds that for the public good it is necessary to relocate, open, establish and dedicate street right-of-way on N.W. Prairie View Road from Route 45 and to the north approximately 1700 feet, all in Kansas City, Platte County, Missouri; and

WHEREAS, the Council further finds the Director of Public Works, as evidenced by issuing Declaration of Necessity, No. 5480, adopted and entered on April 9, 2009, has caused the plans and specifications for Project No. 89008174 – N.W. Prairie View Road North of Route 45 to be prepared; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That finding it necessary to change and re-establish grades on N.W. Prairie View Road from Route 45 and to the north approximately 1700 feet, all in Kansas City, Platte County, Missouri, the Council hereby directs that the City Clerk cause a notice of said grade changes to be published in the newspaper doing the City printing, on each day of issue of said newspaper for a period of ten (10) days (starting on or about May 18, 2012), and providing a period of thirty (30) days for remonstrance starting the same day as the first day of the publication of this ordinance.

Section 2. That said grade changes 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 Project No. 89008174 – N.W. Prairie View Road from Route 45 and to the north approximately 1700 feet, the same being on file in the Office of the Director of Public Works and being incorporated herein by reference.

Section 3. That the width of the right-of-way of N.W. Prairie View Road from Route 45 and to the north approximately 1700 feet, as shown on the plans described in Section 2 of this ordinance, are hereby relocated, opened, established and dedicated as shown on said plans.

Section 4. That the Council finds and declares it necessary to re-establish said grades on N.W. Prairie View Road from Route 45 and to the north approximately 1700 feet, all in Kansas City, Platte County, Missouri; with the following described centerline of N.W. Prairie View Road, as follows, to wit:

Commencing at the Northwest corner of Lot 1, Park Plaza Commercial Second Plat, a subdivision of land in the Southeast Quarter of Section 19, Township 51 North, Range 33 West, of the 5th Principal Meridian in Kansas City, Platte County, Missouri, being also a point of the South line of Lot D, Prairie Business Center, a subdivision of land in said Platte County; thence North 89 degrees 56 minutes 15 seconds West, along said South line, 30.00 feet to a point on the centerline of North Chatham Avenue, as now established, said point being the Point of Beginning of the centerline to be herein described; thence North 00 degrees 53 minutes 14 seconds West, 2.03 feet; thence Northerly, along a curve to the right, being tangent to the last described course, with a radius of 265.00 feet, a central angle of 41 degrees 08 minutes 36 seconds and an arc distance of 190.29 feet; thence North 40 degrees 15 minutes 22 seconds East, 239.31 feet; thence Northerly, along a curve to the left, being tangent to the last described course, with a radius of 300.00 feet, a central angle of 74 degrees 09 minutes 15 seconds and an arc distance of 388.27 feet to the Point of Terminus.

Section 5. That the changing and re-establishing of grades on N.W. Prairie View Road from Route 45 and to the north approximately 1700 feet, is hereby authorized to commence when this ordinance becomes effective, and shall be built in accordance with the plans and specifications as described in Section 2 of this ordinance; locating and defining the grade points of said streets on the proposed project centerline stationing of each respective right-of-way, as found on said plans, said grade points being connected by straight grades (tangents) or vertical curves between such grade points, the elevations of which are herein given below in feet (NAVD88 directrix), along with other pertinent alignment data, to-wit:

Section 6. That this ordinance shall become effective as provided in Section 88.917, RSMo.

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Approved as to form and legality:

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Nelson Munoz

Assistant City Attorney