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Legislation #: 040829 Introduction Date: 7/22/2004
Type: Ordinance Effective Date: none
Sponsor: None
Title: Widening and re-establishing 31st Street from Broadway to Wyandotte Street; to replace Bridge over Wyandotte Street; re-establishing the grades and authorizing the grading thereof; condemning and taking private property for street purposes and temporary construction easements; and providing for payment of just compensation therefore, in Kansas City, Jackson County, Missouri.

Legislation History
DateMinutesDescription
7/21/2004

Prepare to Introduce

7/22/2004

Referred Operations Committee

7/28/2004

Do Pass

7/29/2004

Assigned to Third Read Calendar

8/5/2004

Passed


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ORDINANCE NO. 040829

 

Widening and re-establishing 31st Street from Broadway to Wyandotte Street; to replace Bridge over Wyandotte Street; re-establishing the grades and authorizing the grading thereof; condemning and taking private property for street purposes and temporary construction easements; and providing for payment of just compensation therefore, in Kansas City, Jackson County, Missouri.

 

WHEREAS, the Council finds that for the pubic good it is deemed necessary that 31st Street, from Broadway to Wyandotte Street be widened and re-established, the grades thereof be re-established from Broadway to Wyandotte Street and the grading thereof authorized; and that the Director of Public Works, as evidenced by his Declaration of Necessity No. 5296 adopted and entered May 4, 2004, has caused the plans and specifications for said improvements to be prepared; and

 

WHEREAS, the Council further finds that it adopted Resolution No. 040639 on June 24, 2004 declaring it to be necessary to change and re-establish the grade on established 31st Street from Broadway to Wyandotte Street, all in Kansas City, Jackson County, Missouri; and that pursuant to Section 224 of the City Charter public notice was given in the The Daily Record for ten publishing days beginning June 30, 2004 and ending July 14, 2004, that the remonstrance period which began on June 30, 2004 has ended on July 29, 2004, and having no remonstrance being filed during said period; and

WHEREAS, the Council further finds that certain lands and easements, all herein described, must be acquired in connection with the making of the improvements provided for and authorized herein; NOW THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. Widening and Re-establishing. That 31st Street, from Broadway to Wyandotte Street, all as more fully described in the plans described hereafter in Section 4 of this ordinance, is hereby widened and re-established, and construction thereof is hereby provided for and authorized.

 

Section 2. Width of Right-of-Ways. The width of the right-of-ways for 31st Street from Broadway to Wyandotte Street all as shown on the plans described hereafter in Section 4. of this ordinance, within the limits described herein be and the same are hereby re-established as follows:

 

Relocated31st Street - Width of Right-of-Ways

North Side

 

Varies from 50 feet to 75 feet from Station 10+40.00 to Station 10+60.00 on Centerline of 31st Street. As shown on the plans and specifications as (Public Works File No. 2004-174).

 

50 feet from Sta. 10+ 60.00 to Sta. 16+ 12.02 as shown on the plans and specifications as (Public Works File No. 2004-174).

 

Relocated 31st Street - Width of Right-of-Ways

South Side

 

Varies from 70.48 feet to 33 feet from Sta. 10+50 to Sta. 10+75 as shown on the plans and specifications identified as (Public Works File No. 2004-174).

 

 


33 feet from Sta. 10+75 to Sta. 12+75.00 as shown on the plans and specifications identified as (Public Works File No. 2004-174).

 

37 feet from Sta. 13+40.00 to Sta. 13+59.00 as shown on the plans and specifications identified as (Public Works File No. 2004-174).

 

Varies from 0 feet to 142.00 feet from Sta. 14+24 to Sta. 14+84.00 as shown on the plans and specifications identified as (Public Works File No. 2004-174).

 

33 feet from Sta. 15+84.00 to Sta. 16+30.05 as shown on the plans and specifications identified as (Public Works File No. 2004-174).

 

Section 3. Re-establishing the Grades. That the grades be re-established on 31st Street from Broadway to Wyandotte Street as set forth in Resolution No. 040639, adopted by the Council of Kansas City, Missouri on June 24, 2004. The grades shall be along a line on the baseline of said street, located and defined by the below listed adjacent grade points, which shall be connected by straight grades (tangents) or vertical curves between such grade point, the elevations of which are given below, in feet, above the City directrix, as follows to wit:

 

All grade points are on Centerline Stations for said right-of-way as found on plan file number 2004-174 in the office of the Director of Public Works. From station 10+28.20, a point 28.20 feet east of the center line of Broadway, at 31st Street, to station 16+25.00, a point 625.00 feet east of the center line of Broadway, at 31st Street as shown on the plans (2004-174).

 

31st Street

Broadway to Wyandotte

Elevation

 

At a point 28.20 ft east of the west line of the SW 1/4 line of Section 17-49-33 950.55

 

Except that the grade planes meeting at a point 75 feet east of the west line of

the SW 1/4 line of Section 17-49-33 shall be connected by a vertical curve 90

feet in length

 

At a point 120 ft east of the west line of the SW 1/4 line of Section 17-49-33 950.55

 

At a point 200 ft east of the west line of the SW 1/4 line of Section 17-49-33 951.19

 

Except that the grade planes meeting at a point 375 feet east of the west line of

the SW 1/4 line of Section 17-49-33 shall be connected by a vertical curve 350

feet in length

 

At a point 550 ft east of the west line of the SW 1/4 line of Section 17-49-33 958.73

At a point 625 ft east of the west line of the SW 1/4 line of Section 17-49-33 961.37

 

This resolution is recommended for approval by the Director of Public Works.

 

 


Section 4. Plans and Specifications. Said improvements shall be of the nature described and specified in, and shall be done in accordance with the plans and specifications certified by the City Engineer under the supervision of the Director of Public Works, and identified as Public Works File Numbers: 2004-174 for Right-of-way and Construction, the same being on file in the Office of the Director of Public Works and being incorporated herein by reference.

 

Section 5. Embankment. That the grading of the streets or parts thereof, hereby widened or established, to the established or re-established grades of the same, may cause an embankment or fill to be made, leaving abutting property below the proposed grade of the street; and there is hereby condemned in said abutting property an easement or a right to support said embankment or fill so far as may be necessary to bring the street to the required grade by allowing the material of which said embankment is made to fall upon the abutting land at a natural slope so that the surface of the street may be graded. The area of land in which said easement is condemned is hereinafter described and is shown on the plan prepared and on file in the Office of the Director of Public Works, showing a profile of the portion of the streets to be graded and indicating thereon approximately the amount of the encroachment of the embankment upon the abutting property, which said plan is made a part of this ordinance, and just compensation for damages, if any, therefore shall be paid according to law.

Section 6. Excavation. That in grading said streets or parts thereof hereby widened or established to the established or re-established grade of the same, it may be necessary to make certain excavations which will leave the sides of the cuts in such a condition and position that the earth, dirt, rock and other material composing the same will slip, slide, slump, creep, roll, flow, or fall into the street obstructing travel and be dangerous to persons using the street, it is , therefore, ordained that in such event and under such circumstances, the sides of such cut shall be sloped back from the shoulder line beginning at the grade of the street, a sufficient distance and on such slope as will leave the street, when the work of such grading is completed, free from such slides and in a reasonably safe condition for travel. The extent of such excavations and slopes of the sides thereof and the distance back on private property to which such slopes may extend, are shown on the plat prepared and on file in the Office of the Director of Public Works, which plat is made a part of this ordinance and there is hereby condemned in the private property abutting on said street where said excavations occur an easement or right to go upon such abutting property and remove such earth, dirt, rock or other material, and just compensation for damage, if any, therefore shall be paid according to law.

 

Section 7. Easements. That 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, drainage and improvements in and upon the lands 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 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 pavements, removal of structures, 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 a working 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 easements shall terminate upon completion and acceptance of the improvements by the Director of Public Works and/or the State District Engineer.

 


Tract No. 1 Permanent Street Right-of-way and Temporary Construction Easement

 

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

 

Tract No. 1 Permanent Street Right-of-way Easement:

 

A parcel of land situated in a portion of Lots 1, 3, & 4, "JACKSON & MILLERS SUBDIVISION", a subdivision of land in the City of Kansas City, Jackson County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983, West Zone).

 

Beginning at the Northwest corner of said Lot 4; Thence South 87E1158 East 309.12 feet, along the South right-of-way line of 31st Street, as now established, to a point on the West right-of-way line of Central Street, as now established; Thence South 20E1035 East 6.64 feet along said West right-of-way line;

 

Thence South 02E3607 West 0.89 feet, along said West right-of-way line, to a point 7.00 feet South of and at right angles to said South right-of-way line; Thence North 87E1158 West 86.32 feet along a line 7.00 feet South of and parallel with said South right-of-way line; Thence North 02E4802 East 4.00 feet to a point 3.00 feet South of and at right angles to said South right-of-way line; Thence North 87E1158 West 200.00 feet along a line 3.00 feet South of and parallel with said South right-of-way line; Thence South 36E4621 West 45.20 feet to a point on the East right-of-way line of Broadway, as now established; Thence North 02E3607 East 40.48 feet, along said East right-of-way line, to the "point of beginning" of the parcel herein described, containing 1,748 square feet or 0.0401 acres, more or less.

 

Except that part lying in existing utility easements.

Tract 1 No.1 Temporary Construction Easement:

 

A parcel of land situated in a portion of Lots 1, 2, 3, & 4, "JACKSON & MILLERS SUBDIVISION", a subdivision of land in the City of Kansas City, Jackson County, Missouri, along with a portion of vacated Plum Street, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983, West Zone).

 

Commencing at the Northwest corner of said Lot 4; Thence South 02E3607 West 40.48 feet, along the East right-of-way line of Broadway, as now established, to the true point of beginning; Thence North 36E4621 East 45.20 feet, to a point 3.00 feet South of and at right angles to the South right-of-way line of 31st Street, as now established; Thence South 87E1158 East 200.00 feet along a line 3.00 feet South of and parallel with said South right-of-way line; Thence South 02E4802 West 4.00 feet to a point 7.00 feet South of and at right angles to said South right-of-way line; Thence South 87E1158 East 86.32 feet, along a line 7.00 feet South of and parallel with said South right-of-way line, to a point on the West right-of-way line of Central Street, as now established; Thence South 02E3607 West 118.00 feet, along said West right-of-way line, to the beginning of a curve concave to the West having a radius of 125.00 feet;

Thence Southerly 13.59 feet, along said West right-of-way line and said curve to the right having a chord bearing South 05E4258 West 13.58 feet; Thence North 27E5743 West 17.65 feet; Thence North 02E5304 East 67.79 feet; Thence North 87E0339 West 11.06 feet; Thence North 02E5100 East 37.14 feet; Thence North 87E1016 West 168.27 feet; Thence South 47E3957 West 30.39 feet; Thence North 87E3159 West 101.63 feet to the "true point of beginning" of the parcel herein described, containing 7,904 square feet or 0.1814 acres, more or less.

 

Except that part lying in existing utility easements.

 

Tract No. 2 Temporary Construction Easement

 

A parcel of land situated in a portion of Lot 8, "AMENDED PLAT OF MCGEES SUMMIT", a subdivision of land in the City of Kansas City, Jackson County, Missouri, said parcel being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983, West Zone).

 

Commencing at a point 30.00 feet South of the Northeast corner of said Lot 8, said point being on the South right-of-way line of 31st Street, as now established; Thence South 87E1158 West 205.00 feet, along said South right-of-way line, to a point on the East line of a certain tract of land conveyed by Quit Claim Deed recorded in Book K-326 at Page 901, said point also being the true point of beginning; Thence South 02E2752 West 112.00 feet, along said East line, to a point on the South line of said Lot 8; Thence North 87E1158 West 115.50 feet, along said South line, to a point on the Easterly right-of-way line of Wyandotte Street, as now established; Thence North 19E3158 West 121.08 feet, along said Easterly right-of-way line, to a point on the South right-of-way line of said 31st Street; Thence South 87E1158 East 160.85 feet, along said South right-of-way line, to the "true point of beginning" of the parcel herein described, containing 15,475 square feet or 0.3553 acres, more or less.

 

Except that part lying in existing utility easements.

 

Section 8. Utilities. 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 now 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 re-established grades of the street improvements.

 

Section 9. Compensation. Just compensation for the private property to be condemned and taken for permanent easements and abutters rights of direct access as aforesaid and such damages as may be found to accrue by reason of the grading of said streets and for the taking of the temporary construction easements, 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. The compensation to be paid for the


taking or damaging of private property shall be paid from funds now available or to be made available.

 

Section 10. Partial Dismissal. If any lands or easements as aforesaid shall be acquired by the Director of the City Development Department, which is hereby authorized, prior to or during pendency of the condemnation proceedings, the City Attorney is hereby authorized to withdraw such land or easement from such condemnation proceedings.

 

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

 

_____________________________________________________

 

Approved as to form and legality:

 

 

_______________________________

Mark P. Jones

Assistant City Attorney