The centerline of Chouteau
Trafficway is described as follows:
Commencing
at the northeast corner of the Northeast Quarter of the Fractional Section 18,
Township 50 North, Range 32 West; thence North 84E4128
West, a distance of 1,527.93 feet to the true point of beginning; thence South
03E5301 East, a distance of 325.26 feet (note: Station
6+99.77 of the new centerline of Chouteau Trafficway equals Station 58+56.08 at
21.22 feet right of the centerline of the northbound lane of existing State
Route 269); thence South 21E0318 East, a distance of
698.52 feet; thence South 15E0350 East, a distance of
500.35 feet; thence South 19E0349 East, a distance of
2,910.62 feet; thence South 35E4046 East, a distance of
2,451.45 feet to the point of terminus, said point being South 11E4533 East, a distance of 6,190.35 feet of the point of commencement;
said point also being Station 68+00.00 and equaling Station 23+93.82 on the
existing Chouteau Trafficway centerline.
Section 2. Width
of Roadways. The width of the roadways in relocated Chouteau Traffficway
south bridge approach, east access road and west access road 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:
Relocated
Chouteau Trafficway South Bridge Approach - Width of Roadway
Southbound Lane
40.54 feet at Station 44 +
70.50
varies from 40.54 feet to 36
feet from Station 44 + 70.50 to Station 53 + 10.022
36 feet from Station 53 +
10.022 to Station 66 + 00.00
varies from 36 feet to 22
feet from Station 66 + 00.00 to Station 68 + 00.00
Northbound Lane
40.54 feet at Station 44 +
70.50
varies from 40.54 feet to 36
feet from Station 44 + 70.50 to Station 53 + 10.22
36 feet from Station 53 +
10.22 to Station 66 + 00.00
varies from 36 feet to 22
feet from Station 66 + 00.00 to Station 68 + 00.00
West Access Road Width of Roadway
Varies from 32 feet to 24
feet from Station 144 + 62.92 to Station 145 + 25.96
24 feet from Station 145 +
25.96 to Station 160 + 01.08
East Access Road Width of Roadway
Varies from 28 feet to 24
feet from Station 244 + 34.08 to Station 244 + 94.15
24 feet from Station 244 +
94.15 to Station 254 + 02.71
Varies from 24 feet to 44
feet from Station 254 + 02.71 to Station 256 + 55.19
44 feet from Station 256 +
55.19 to Station 256 + 86.19
Varies from 44 feet to 52
feet from Station 256 + 86.19 to Station 257 + 48.24
Stillwell Street Width of Roadway
44 feet from Station 1 +
43.50 to Station 1 + 69.13
Varies from 44 feet to 48 feet
from Station 1 + 69.13 to Station 3 + 40.88
Varies from 48 feet to 44
feet from Station 3 + 40.88 to Station 4 + 05.00
Section 3. Re-establishing
the Grades. That the grades be re-established on relocated Chouteau Trafficway from Station 44+00.00 on the centerline
of relocated Chouteau Trafficway south bridge approach to Station 66+80.00 on
said relocated centerline, equaling Station 23+93.82 on the centerline of
existing Chouteau Trafficway, Stillwell Street from the east line of
re-established Chouteau Trafficway to a point 404.36 feet east of the
centerline of said Chouteau Trafficway, being Station 4+04.36 on the centerline
of re-established Stillwell Street, west access road from the south line of
Riverfront Road to the west line of relocated Chouteau Trafficway south
approach and east access road from the south line of Riverfront Road to the
north line of re-established Stillwell Street, as set forth in Committee
Substitute for Resolution No. 991359, adopted by the Council of Kansas City,
Missouri on November 9, 1999, all as shown on the plans on file in the Office
of the Director of Public Works.
The
grades shall be along a line on the centerline 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:
CHOUTEAU TRAFFICWAY SOUTH BRIDGE
APPROACH
Elevation
At
Station 21+ 50.00 75.75
At
Station 43 + 00.00 59.00
At
Station 47 + 00.00 52.20
Except
that the grade planes meeting at Station 43 + 00.00
shall
be connected by a vertical curve having tangents of
100
feet in length.
At
Station 56 + 53.00 23.61
Except
that the grade planes meeting at Station 47 + 00.00
shall
be connected by a vertical curve having tangents of
150
feet in length.
At
Station 68 + 00.00 17.31
Except
that the grade planes meeting at Station 56 + 53.00
shall
be connected by a vertical curve having tangents of
175
feet in length.
WEST ACCESS ROAD
Elevation
At
Station 143 + 88.15 31.64
At
Station 150 + 00.00 19.40
At
Station 157 + 00.00 14.08
Except
that the grade planes meeting at Station 150 + 00.00
shall
be connected by a vertical curve having tangents of
50
feet in length.
At
Station 161 + 01.58 21.97
Except
that the grade planes meeting at Station 157 + 00.00
shall
be connected by a vertical curve having tangents of
100
feet in length.
At
Station 161 + 44.58 22.83
EAST ACCESS ROAD
Elevation
At
Station 243 + 37.10 31.70
At
Station 244 + 50.00 29.64
At
Station 247 + 25.00 18.64
Except
that the grade planes meeting at Station 244 + 50.00
shall
be connected by a vertical curve having tangents of
75
feet in length.
At
Station 252 + 00.00 15.79
Except
that the grade planes meeting at Station 247 + 25.00
shall
be connected by a vertical curve having tangents of
100
feet in length.
At
Station 255 + 00.00 11.83
Except
that the grade planes meeting at Station 252 + 00.00
shall
be connected by a vertical curve having tangents of
50
feet in length.
At
Station 258 + 06.06 17.89
Except
that the grade planes meeting at Station 255 + 00.00
shall
be connected by a vertical curve having tangents of
100
feet in length.
STILLWELL STREET
Elevation
At
Station 0 + 43.00 21.97
At
Station 2 + 48.91 18.28
At
Station 4 + 05.00 17.66
Except
that the grade planes meeting at Station 2 + 48.91
shall
be connected by a vertical curve having tangents of
50
feet in length.
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, prepared and certified by the designee of the Chief
Engineer of the State of Missouri, and approved by the Missouri Highway and
Transportation Commission by memo dated October 22, 1997, and identified as
Public Works File Nos: 1996-286 for Right-of-way and 1999-227 for 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, roll 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 or damage, if any, therefor shall be paid according to law.
Section
7. Easements. That permanent right-of-way, abutters rights of direct
access 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
abutters rights of direct access shall be taken where indicated to completely
and unequivocally remove the right of ingress and egress to the permanent
right-of-way from the adjacent property.
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.
JACKSON
COUNTY TRACTS:
Tract
No. 2 Permanent Street Right-of-Way and Temporary Construction
Easement.
A
permanent street right-of-way over all that part of owners real property
described as follows:
A tract of land in Tract A, Executive Park, First Plat,
a subdivision in the Southwest 1/4 of Section 23, T50N, R33W, in Kansas City,
Jackson County, Missouri, described as follows:
Commencing at the southwest corner of Tract A, Executive
Park;
Then North 35E40'45" West along the west line of Tract A,
a distance of 331.10 feet to a point of curve of a curve to the right having a
central angle of 5E23'25" and a radius of 2585.89 feet;
Then northwesterly along the arc of that curve and along
the west line of Tract A, a distance of 243.28 feet to the point of beginning;
Then continuing along that west line of Tract A, and
along the arc of that curve through a central angle of 2E23'12", a distance of
107.72 feet to a point of deflection in the east right-of-way line of Chouteau
Trafficway, as recorded in quit claim deed Ordinance No. 46116, dated
12-12-1975;
Then North 21E23'22" West along that east right-of-way line,
a distance of 237.07 feet;
Then North 30E29'26" East continuing along that east
right-of-way line, a distance of 19.73 feet to the north line of Tract A;
Then South 87E36'16" East along the north line of Tract A,
a distance of 20.70 feet;
Then South 2E24'53" West, a distance of 2.28 feet;
Then South 20E30'47" East, a distance of 264.60 feet to a
point of curve of a curve to the left having a central angle of 17E02'30" and a radius of
254.00 feet;
Then southeasterly along the arc of that curve, a distance
of 75.55 feet.
Then South 54E19'15" West departing that curve in a
nontangent direction, a distance of 25.87 feet to the point of beginning.
A
temporary construction easement over all that part of owners real property
described as follows:
A tract of land in Tract A, Executive Park, First Plat,
a subdivision in the Southwest 1/4 of Section 23, T50N, R33W, in Kansas City,
Jackson County, Missouri, described as follows:
Commencing at the southwest corner of Tract A, Executive
Park;
Then North 35E40'45" West along the west line of Tract A,
a distance of 331.10 feet to a point of curve of a curve to the right having a
central angle of 05E23'25" and a radius of 2585.89 feet;
Then northwesterly along the arc of that curve and along
the west line of Tract A, a distance of 243.28 feet;
Then North 54E19'15" East departing that curve in a
nontangent direction, a distance of 25.87 feet to the point of beginning also
being a point of curve of a nontangent curve to the northwest having a central
angle of 17E02'30" and a radius of 254.00 feet, the radius point bears North
52E26'43"
East;
Then northwesterly along the arc of that curve, a
distance of 75.55 feet;
Then North 20E30'47" West, a distance of 264.60 feet;
Then North 02E24'53" East, a distance of 2.28 feet to the
north line of Tract A;
Then South 87E36'16" East along the north line of Tract A,
a distance of 20.75 feet;
Then South 20E30'47" East, a distance of 129.81 feet;
Then South 68E27E45" West, a distance of 18.81 feet;
Then South 21E15'53" East, a distance of 95.95 feet;
Then North 68E27'45" East, a distance of 17.55 feet;
Then South 20E30'47" East, a distance of 32.84 feet to a
point of curve of a curve to the left having a central angle of 17E12'07" and a radius of
234.00 feet;
Then southeasterly along the arc of that curve, a
distance of 70.25 feet;
Then South 54E19'15" West departing that curve in a
nontangent direction, a distance of 20.00 feet to the point of beginning.
Tract
No. 3 Permanent Street Right-of-Way, Abutters Rights of Direct
Access and Temporary Construction Easement.
A
permanent street right-of-way over all that part of owners real property
described as follows:
A tract of land in Tract A, Executive Park, First Plat,
a subdivision in the Southwest 1/4 of Section 23, T50N, R33W, in Kansas City,
Jackson County, Missouri, described as follows:
Beginning at the southwest corner of Tract A, Executive
Park;
Then North 35E40'45" West along the west line of Tract A,
a distance of 331.10 feet to a point of curve of a curve to the right having a
central angle of 5E23'25" and a radius of 2585.89 feet;
Then northwesterly along the arc of that curve and
continuing along the west line of Tract A, a distance of 243.28 feet;
Then North 54E19'15" East departing that curve in a
nontangent direction, a distance of 25.87 feet to a point of curve of a
nontangent curve to the southeast having a central angle of 41E15'25" and a radius of
254.00 feet, the radius point bears North 52E26'43" East;
Then southeasterly along the arc of that curve, a
distance of 182.90 feet;
Then South 78E48'42" East, a distance of 16.54 feet to a
point of curve of a curve to the right having a central angle of 41E05'36" and a radius of
350.00 feet;
Then southeasterly along the arc of that curve, a
distance of 251.02 feet;
Then South 37E43'06" East, a distance of 113.00 feet to a
point of curve of a curve to the left having a central angle of 74E10'02" and a radius of
28.00 feet;
Then southeasterly along the arc of that curve, a
distance of 36.24 feet;
Then North 68E06'52" East, a distance of 128.55 feet to
the south line of Tract A;
Then South 54E19'15" West along the south line of Tract
A, a distance of 361.63 feet to the point of beginning.
Abutters
rights of direct access over all that part of owners real property described as
follows:
All
abutters rights of direct access between Chouteau Trafficway and/or the access
road, there located, and grantors abutting land in the areas between the no
right of access markers as found on the plans for the Chouteau Bridge over the
Missouri River as previously described in Section 4 of this ordinance.
Tract
No. 6 Permanent Street Right-of-Way, Abutters Rights of Direct
Access and Temporary Construction Easement.
A
permanent street right-of-way over all that part of owners real property
described as follows:
That part of the Southwest 1/4 of the Southwest 1/4 of
Section 23, T50N, R33W, in Kansas City, Jackson County, Missouri, described as
follows:
Commencing at the southwest corner of the Southwest 1/4
of the Southwest 1/4 of Section 23, T50N, R33W;
Then North 02E13'42" East along the west line of the
Southwest 1/4 of the Southwest 1/4 of Section 23, a distance of 1317.09 feet to
the north line of the Southwest 1/4 of the Southwest 1/4 of that section;
Then South 87E35'52" East along the north line of the
Southwest 1/4 of the Southwest 1/4 of that section, a distance of 174.02 feet
to the point of beginning;
Then South 87E35'52" East continuing along that line, a
distance of 260.20 feet to the west right-of-way line of Chouteau Trafficway;
Then South 35E40'45" East along that west right-of-way
line, a distance of 472.01 feet to a point of curve of a curve to the northwest
having a central angle of 81E26'25" and a radius of 50.00 feet, the radius point
bears South 54E19'15" West;
Then northwesterly along the arc of that curve, a
distance of 71.07 feet;
Then South 62E52'48" West a distance of 51.77 feet to a
point of curve of a curve to the right having a central angle of 102E27'20" and a radius of
255.00 feet;
Then southwesterly along the arc of that curve, a
distance of 455.99 feet;
Then North 14E39'52" West, a distance of 248.26 feet to
the point of beginning.
Abutters
rights of direct access over all that part of owners real property described as
follows:
All
abutters rights of direct access between Chouteau Trafficway and/or the access
road, there located, and grantors abutting land in the areas between the no
right of access markers as found on the plans for the Chouteau Bridge over the
Missouri River as previously described in section 4 of this ordinance.
A
temporary construction easement over all that part of owners real property
described as follows:
That part of the Southwest 1/4 of the Southwest 1/4 of
Section 23, T50N, R33W, in Kansas City, Jackson County, Missouri, described as
follows:
Commencing at the southwest corner of the Southwest 1/4
of the Southwest 1/4 of Section 23, T50N, R33W;
Then North 02E13'42" East along the west line of the
Southwest 1/4 of the Southwest 1/4 of Section 23, a distance of 1317.09 feet to
the north line of the Southwest 1/4 of the Southwest 1/4 of Section 23;
Then South 87E35'52" East along the north line of the
Southwest 1/4 of the Southwest 1/4 of Section 23, a distance of 153.10 feet to
the point of beginning;
Then South 87E35'52" East continuing along that line, a
distance of 20.92 feet;
Then South 14E39'52" East, a distance of 248.26 feet to a
point of curve of a curve to the left having a central angle of 102E27'20" and a radius of
255.00 feet;
Then southeasterly along the arc of that curve, a
distance of 455.99 feet;
Then North 62E52'48" East, a distance of 51.77 feet to a
point of curve of a curve to the right having a central angle of 81E26'25" and a radius of
50.00 feet;
Then northeasterly along the arc of that curve, a
distance of 71.07 feet to the west right-of-way line of Chouteau Trafficway;
Then South 35E40'45" East along that west right-of-way
line, a distance of 20.00 feet;
Then South 54E19'15" West, a distance of 20.00 feet;
Then North 35E40'45" West, a distance of 20.00 feet to a
point of curve of a curve to the left having a central angle of 81E26'25" and a radius of
30.00 feet;
Then northwesterly along the arc of that curve, a
distance of 42.64 feet;
Then South 62E52'48" West, a distance of 51.77 feet to a
point of curve of a curve to the right having a central angle of 102E27'20" and a radius of 275.00
feet;
Then southwesterly along the arc of that curve, a
distance of 491.75 feet;
Then North 14E39'52" West, a distance of 254.40 feet to
the point of beginning.
CLAY
COUNTY TRACT:
Tract
No. 9 Abutters Rights of Direct Access and Temporary Construction
Easement.
Abutters
rights of direct access over all that part of owners real property described as
follows:
All
abutters rights of direct access not heretofore acquired lying between
Missouri State Highway No. 269 (Chouteau Trafficway), and the most southerly
driveway entrance at existing highway centerline Station 67+08 on party of the
first parts abutting land in the Northeast Fractional Quarter of Section 18,
Township 50 North, Range 32 West, which rights were previously reserved by
instrument entitled Report of Commissioners, Case No. 37307, in the Circuit
Court of Clay County, Missouri and recorded as Document No. C-22990, in Book
1016, page 486.
Party
of the first parts abutting land being described as follows:
All of that part of the Northeast Fractional Quarter of
Section 18, Township 50, Range 32, in the City of North Kansas City, County of
Clay, State of Missouri, described as follows: From the northeast corner of said
Northeast Fractional One Quarter Section measure South 1E52'40" West along the east
line of said Fractional Quarter Section a distance of 567.36 feet; thence North
89E11'10"
West and parallel to the north line of said Fractional Quarter Section a distance
of 275 feet; thence South 56E08'40" West 922.86 feet, more or less, to a point
in the easterly right-of-way line of U.S. Highway No. 269; thence south along
the easterly right-of-way line, a distance 89.72 feet to the true point of
beginning, which said point coincides with the north limit of the north
right-of-access entrance on U.S. Highway No. 269 described in Paragraph 9.10 of
the case of State of Missouri, ex rel., State Highway Commission of Missouri
vs. Alvin R. Kelly, et al., No. 37307, in the Circuit Court of Clay County,
Missouri; thence south a distance of 283.3 feet; thence easterly and at right
angles to the east right-of-way line of U.S. Highway No. 269, a distance of 125
feet; thence northerly and along a line parallel to the east right-of-way line
of U.S. Highway No. 269, 283.3 feet; thence westerly 125 feet to the point of
beginning.
A
temporary construction easement over all that part of owners real property
described as follows:
A tract of land in the Northeast 1/4 of Fractional Section
18, T50N, R32W, in North Kansas City, Clay County, Missouri, more particularly
described as follows:
Commencing at the northeast corner of the Northeast 1/4
of Fractional Section 18, T50N, R32W;
Then North 89E09'16" West along the north line of that
section, a distance of 1338.88 feet;
Then South 12E02'09" East, a distance of 861.69 feet to a
point of intersection of the southerly right-of-way line of Missouri State
Highway No. 210, recorded in Book 1040 at page 239 in the office of the
Recorder of Deeds for Clay County, Missouri, and the easterly right-of-way line
of Missouri State Highway No. 269 (also known as Chouteau Trafficway), recorded
in Book 484 at page 361 in the office of the Recorder of Deeds for Clay County,
Missouri;
Then South 21E06'10" East along that easterly right-of-way
line, a distance of 359.90 feet to the northwest corner of a parcel of land as
described in Document No. G-87077, in Book 2016, at page 130, dated January 7,
1991, the point of beginning;
Then North 68E53'50" East along the north line of that
parcel, a distance of 24.95 feet;
Then South 09E44'57" East, a distance of 75.91 feet;
Then South 21E0610 East, along a line 10.00 feet easterly of
and parallel with the easterly right-of-way line of Missouri State Highway No.
269, a distance of 208.87 feet to the southerly line of that parcel of land;
Then South 68E5350 West along the southerly line of that
parcel of land, a distance of 10.00 feet to the easterly right-of-way line of
Missouri State Highway No. 269;
Then North 21E0610 West along that easterly right-of-way
line, a distance of 283.30 feet to the point of beginning.
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 Courts of Jackson and Clay Counties, 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:
___________________________________
Assistant
City Attorney