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Legislation #: 030031 Introduction Date: 1/9/2003
Type: Ordinance Effective Date: 2/2/2003
Sponsor: None
Title: Improving and establishing James A. Reed Road, from the south city limit line of the City of Raytown to a point 1,518.04 feet south of said city limit line, including improved intersections with 88th Street Terrace, 88th Street Place and 89th Street, establishing the grade on James A. Reed Road where not established heretofore, changing and reestablishing the grade on 88th Street Terrace; condemning and taking private property for street purposes, standard utility easements and temporary construction easements for the improving of James A. Reed Road 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
1/23/2003

Waive Charter Requirements City Council

1/9/2003

Prepare to Introduce

1/9/2003

Referred Operations Committee

1/22/2003

Advance and Do Pass

1/23/2003

Passed


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ORDINANCE NO. 030031

 

Improving and establishing James A. Reed Road, from the south city limit line of the City of Raytown to a point 1,518.04 feet south of said city limit line, including improved intersections with 88th Street Terrace, 88th Street Place and 89th Street, establishing the grade on James A. Reed Road where not established heretofore, changing and reestablishing the grade on 88th Street Terrace; condemning and taking private property for street purposes, standard utility easements and temporary construction easements for the improving of James A. Reed Road 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 James A. Reed Road, from the south city limit line of the City of Raytown to a point 1,518.04 feet south of said city limit line, be improved and established, including improved intersections with 88th Street Terrace, 88th Street Place and 89th Street; and the grade of a portion thereof be established and the grade of a portion of 88th Street Terrace be reestablished and the grading thereof be authorized; including condemning and taking private property for street purposes, standard utility easements and temporary construction easements for the improving of James A. Reed Road 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. 5235 adopted and entered on May 17, 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. 021224 on October 17, 2002, declaring it to be necessary to change and reestablish the grades on 88th Street Terrace, all in Kansas City, Jackson County, Missouri; publication for said grade change began on October 21, 2002 and ended on November 1, 2002, with the period for remonstrance ending on November 20, 2002, and there being no remonstrance filed; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the establishing and improving of James A. Reed Road, from the south city limit line of the City of Raytown to a point 1,518.04 feet South of said city limit line, including improved intersections with 88th Street Terrace, 88th Street Place and 89th Street, 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. 2001-288, 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 roadways and sidewalks in James A. Reed Road, 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:

 

James A. Reed Road - Width of Roadway

 

40 feet from a point 450.24 feet south of the south city limit of the City of Raytown to a point 1,209.85 feet south of said city limit.

 

James A. Reed Road Width of Sidewalks - West Side

 

5 feet from a point 456.35 feet south of the south city limit of the City of Raytown to a point 1,209.85 feet south of said city limit.

 

East Side

 

5 feet from a point 489.22 feet south of the south city limit of the City of Raytown to a point 1,465.04 feet south of said city limit.

 

Section 4. That the grading of James A. Reed Road and East 88th Street Terrace 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 it to be necessary to establish the grades on James A. Reed Road from a point 450.24 feet south of the south city limit of the City of Raytown to a point 1,209.85 feet south of said city limit and reestablish the grade on East 88th Street Terrace from the west line of James A. Reed Road to a point 101.13 feet west of said west line, 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 plan on file in the office of the Director of Public Works, locating and defining the adjacent grade points on said street, on the base line of the roadway, which shall be connected by straight grades (tangents) or vertical curves between such grade points, the elevations of which are herein given below in feet above the city directrix as follows, to-wit:

 

James A Reed Road

 

Elevation

 

At a point 450.24 feet south of the south city limit of the

City of Raytown 269.68

 

At a point 495.24 feet south of the south city limit of the

City of Raytown 268.12

At a point 720.58 feet south of the south city limit of the

City of Raytown 265.86

 

Except that the grade planes meeting at a point 495.24 feet south

of the south city limit of the City of Raytown shall be connected

by a vertical curve having tangents 45 feet in length.

 

At a point 852.92 feet south of the south city limit of the

City of Raytown 267.19

 

Except that the grade planes meeting at a point 720.58 feet south

of the south city limit of the City of Raytown shall be connected

by a vertical curve having tangents 35 feet in length.

 

At a point 1,016.85 feet south of the south city limit of the

City of Raytown 265.55

 

Except that the grade planes meeting at a point 852.92 feet south

of the south city limit of the City of Raytown shall be connected

by a vertical curve having tangents 80 feet in length.

 

At a point 1,209.85 feet south of the south city limit of the

City of Raytown 267.48

 

Except that the grade planes meeting at a point 1,016.85 feet south

of the south city limit of the City of Raytown shall be connected

by a vertical curve having tangents 35 feet in length.

 

East 88th Street Terrace

 

Elevation

 

At a point 101.13 feet west of the west line of James A. Reed Road 267.23

At a point 81.13 feet west of the west line of James A. Reed Road 267.43

 

At a point 16.80 feet west of the west line of James A. Reed Road 266.79

 

Except that the grade planes meeting at a point 81.13 feet west

of the west line of James A. Reed Road shall be connected by

a vertical curve having tangents 20 feet in length.

 

At a point 1.80 feet west of the west line of James A. Reed Road 267.10

 

Except that the grade planes meeting at a point 16.80 feet west

of the west line of James A. Reed Road shall be connected by

a vertical curve having tangents 15 feet in length.

 

Section 6. The permanent right-of-way, standard utility easements 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 in and upon 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.

 

The Standard Utility Easement shall be used by Kansas City and with Kansas City's permission, utility companies franchised to operate in Kansas City, Missouri, to locate, construct, reconstruct, operate, repair and maintain facilities including, but not limited to, water, gas, electricity, sewerage, telephone, cable TV, drainage, underground conduits, pad mounted transformers, service pedestals, poles, pipes, ducts and wires, any and all of them, together with the right of Kansas City and the above described franchised utility companies, their agents, employees or independent contractors to go upon the described easement and so much of owners land adjacent thereto as may be reasonably necessary for the purpose of constructing, maintaining and repairing the improvements and appurtenances thereto, including the right to cut, top and trim brush and trees, if any, on or adjacent to said easement, as may be necessary or desirable to maintain any facilities thereon. Upon completion of such construction, maintenance or repair, the land shall be restored to approximately the same condition that existed prior to the entry upon it.

 

By the granting of this Standard Utility Easement, it shall not be construed to prohibit the owner from developing any adjoining property or from the laying out, establishing and constructing pavement, surfacing of roadways, curbing and gutters along, upon, over or across said easement or any portion thereof; provided, however, said easement shall be kept free from addition depth of overburden, buildings, and any other structure or obstruction (except sidewalks, roadways pavement, grass, shrubs, fences, or curbs), which will interfere with Kansas City or said franchised companies in entering upon said adjacent land and easement for the purpose of laying, constructing, reconstructing, operating, repairing and maintaining such improvements and appurtenances.

 

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. 2: Permanent Right-of-way, Standard Utility Easement and Temporary Construction Easements

 

 

A permanent right-of-way over, under, upon and across the following described land:

 

A part of Lot 179 Loma Vista East, a subdivision in Kansas City, Jackson County, Missouri, more particular described as follows: Beginning at the southeast corner of said Lot 179; thence North 02E04'30" East along the west right of way line of James A. Reed Road, as now established, said right of way line also being the east line of Lot 179, a distance of 20.00 feet; thence South 46E57'30" West, a distance of 28.34 feet to a point on the north right of way line of 89th Street as now established, said point also being on the south line of said Lot 179; thence South 88E09'30" East along the north right of way line of 89th Street and the south line of said Lot 179, a distance of 20.00 feet to the point of beginning.

 

A standard utility easement over, under, upon and across the following described land:

 

A part of Lot 179, Loma Vista East, a subdivision in Kansas City, Jackson County, Missouri, more particular described as follows: Commencing at the southeast corner of said Lot 179; thence North 02E04'30" East along the west right of way line of James A. Reed Road, as now established, right of way also being the east lot line of said Lot 179, a distance of 20.00 feet to the point of beginning; thence continuing North 02E04'30" West along the west right of way line of James A. Reed Road and said east lot line of Lot 179, a distance of 65.00 feet to the northeast corner of said Lot 179; thence North 88E09'30" West along the north line of said Lot 179, a distance of 5.00 feet; thence South 02E04'30" West, along a line 5.00 feet to the west of, and parallel to, the east line of said Lot 179, a distance of 70.00 feet; thence North 46E57'30" East, a distance of 7.09 feet to the point of beginning.

 

Temporary construction easements over, under, upon and across the following described land:

 

A part of Lot 179, Loma Vista East, a subdivision in Kansas City, Jackson County, Missouri, more particularly described as follows:

 

Temporary Easement #1: Commencing at the southeast corner of said Lot 179, thence North 88E09'30" West along the north right of way line of 88th Street, as now established, said right of way line also being the south line of said Lot 179, a distance of 20.00 feet to the point of beginning; thence continuing North 88E09'30" West along the north right of way line of 88th Street and said south line of said Lot 179, a distance of 94.02 feet; thence North 01E50'30" East along a line 5.00 feet to the east of, and parallel to, the west line of said Lot 179, a distance of 10.00 feet; thence South 88E09'30" East along a line 10.00 feet to the north of, and parallel to, the south line of said Lot 179, a distance of 99.06 feet; thence South 02E04'30" West, a distance of 5.00 feet; thence South 46E57'30" West, a distance of 7.09 feet to the point of beginning, and

 

Temporary Easement #2: Commencing at the northeast corner of said Lot 179, thence North 88E09'30" West, along the north line of said Lot 179, a distance of 5.00 feet to the point of beginning; thence continuing North 88E09'30" West along the north line of said Lot 179, a distance of 10.00 feet; thence South 02E04'30" West along a line 15.00 feet to the west of, and parallel to, the east line of said Lot 179, a distance of 80.00 feet; thence North 46E57'30" East , a distance of 14.17 feet; thence North 46E57'30" East, a distance of 14.17 feet; thence North 02E04'30" East along a line 5.00 feet to the west of, and parallel to, the east line of said Lot 179, a distance of 70.00 feet to the point of beginning.

 

TRACT NO. 3: Standard Utility Easement and Temporary Construction Easements

 

A standard utility easement over, under, upon and across the following described land:

 

The east 5.00 feet of Lot 178, Loma Vista East, a subdivision in Kansas City, Jackson County, Missouri.

 

A temporary construction easement over, under, upon and across the following described land:

 

A strip of land being the west 15.00 feet of the east 20 feet of Lot 178, Loma Vista East, a subdivision in Kansas City, Jackson County, Missouri.

 

TRACT NO. 4: Standard Utility Easement and Temporary Construction Easements

 

A standard utility easement over, under, upon and across the following described land:

 

The east 5.00 feet of Lot 177, Loma Vista East, a subdivision in Kansas City, Jackson County, Missouri.

 

Temporary construction easements over, under, upon and across the following described land:

 

A part of Lot 177, Loma Vista East, a subdivision in Kansas City, Jackson County, Missouri, more particularly described as follows:

 

Temporary Easement #1: A strip of land being the west 20.00 feet of the east 25 feet of said Lot 177, and

 

Temporary Easement #2: A strip of land being the north 10.00 feet, except the west 5.00 feet thereof and except the east 25.00 feet thereof, of said Lot 177.

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:

 

 

___________________________________

Assistant City Attorney