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Legislation #: 951311 Introduction Date: 9/21/1995
Type: Ordinance Effective Date: 10/15/1995
Sponsor: None
Title: Widening, realigning, and reconstructing The Paseo between 45th Street and 49th Street, including new and improved intersections at 47th Street, Brush Creek Boulevard, Swope Parkway, and Volker Boulevard; providing for the construction and reconstruction of intersecting streets; re-establishing street grades and authorizing the grading thereof; establishing the width of roadways; condemning private property for parkway purposes, and temporary construction easements; and providing for the payment of just compensation therefore, in Kansas City, Jackson County, Missouri.

Legislation History
DateMinutesDescription
9/21/1995

Prepare to Introduce

9/21/1995

Referred City Operations Committee

9/27/1995

Do Pass

9/28/1995

Assigned to Third Read Calendar

10/5/1995

Passed


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ORDINANCE NO. 951311

 

Widening, realigning, and reconstructing The Paseo between 45th Street and 49th Street, including new and improved intersections at 47th Street, Brush Creek Boulevard, Swope Parkway, and Volker Boulevard; providing for the construction and reconstruction of intersecting streets; re-establishing street grades and authorizing the grading thereof; establishing the width of roadways; condemning private property for parkway purposes, and temporary construction easements; and providing for the payment of just compensation therefore, in Kansas City, Jackson County, Missouri.

 

WHEREAS, the Council finds that for the public good it is deemed necessary that The Paseo between 45th Street and 49th Street, 47th Street from The Paseo to a point 81 feet west of the centerline of Tracy Avenue, Brush Creek Boulevard from The Paseo to a point 1,103 feet east of the centerline of northbound The Paseo, Swope Parkway from The Paseo to a point 655 feet east of the east line of Flora Avenue, and Volker Boulevard from The Paseo to a point 1,067 feet west of the centerline of southbound The Paseo, be widened, realigned and reconstructed, including improved intersections at The Paseo, Brush Creek Boulevard and 46th Street, 47th Street and Virginia Avenue and Swope Parkway and Flora Avenue, and the grades thereof be re-established and the grading thereof be authorized; and

 

WHEREAS, the Council finds the Board of Parks and Recreation Commissioners by Resolution No. 22001, dated November 3, 1992, approved the conceptual plans for The Paseo intersection at Brush Creek Boulevard, Swope Parkway, and 47th Street; and

 

WHEREAS, the Council further finds that the Board of Parks and Recreation Commissioners by Resolution No. 23102, dated September 5, 1995, authorized preparation of final construction plans and acquisition of necessary lands and easements for parkway and boulevard purposes; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. Widening and Realigning. That the widening, realigning and reconstructing of The Paseo between 45th Street and 49th Street, 47th Street from The Paseo to a point 81 feet west of the centerline of Tracy Avenue, Brush Creek Boulevard from The Paseo to a point 1,103 feet east of the centerline of northbound The Paseo, Swope Parkway from The Paseo to a point 655 feet east of the east line of Flora Avenue, and Volker Boulevard from The Paseo to a point 1,067 feet west of the centerline of southbound The Paseo; and the reconstruction of the intersecting streets of 46th Street from The Paseo to a point 113 feet East of the centerline of The Paseo, Brush Creek Boulevard from The Paseo to a point 165 feet west of the centerline of The Paseo, Virginia Avenue from 47th Street to a point 125 feet north of the centerline of 47th Street, and Flora Avenue from Swope Parkway to a point 200 feet south of the centerline of Swope Parkway, all as more fully described in the right-of-way plans, File Number 1993-147, which are on file in the office of the Director of Public Works and are incorporated herein by reference is hereby provided for and authorized.

 

Section 2. Width of Roadways and Sidewalks. The width of the roadways and sidewalks in The Paseo, 47th Street, Brush Creek Boulevard, Swope Parkway and Volker Boulevard, as shown on the plans described hereinafter in Section 4 of this Ordinance, within the limits described herein be and the same are hereby established as follows:

 

The Paseo - Width of Roadway

 

Varies from 58 feet at 45th Street to 106 feet at 46th Street.

 

110 feet from 46th Street to 47th Street.

 

The Paseo - Southbound Lanes - Width of Roadway

 

36 feet from the south side of 47th Street to 49th Street.

 

The Paseo - Northbound Lanes - Width of Roadway

 

36 feet from Brush Creek Boulevard to Swope Parkway.

 

48 feet from Swope Parkway to a point 316 feet north of 49th Street.

 

Varies from 48 feet at a point 316 feet north of 49th Street to 36 feet at a point 241 feet north of 49th Street.

 

36 feet from a point 241 feet north of 49th Street to 49th Street.

 

The Paseo - Width of Sidewalk - East Side

 

5 feet from 45th Street to 47th Street.

 

6 feet from 47th Street to the south end of the northbound bridge over Brush Creek.

 

5 feet from the south end of the northbound bridge over Brush Creek to 49th Street.

 

The Paseo - Width of Sidewalk - West Side

 

5 feet from 45th Street to 47th Street.

 

6 feet from 47th Street to Volker Boulevard.

 

5 feet from Volker Boulevard to 49th Street.

 

47th Street - Width of Roadway

 

Varies from 90 feet at The Paseo to 57 feet at a point 81 feet west of the centerline of Tracy Avenue.

 

47th Street - Width of Sidewalk - North and South Sides

 

5 feet from The Paseo to a point 81 feet west of the centerline of Tracy Avenue.

 

Brush Creek Boulevard - Width of Roadway

 

90 feet from The Paseo to a point 355.86 feet east of the centerline of northbound Paseo.

 

Varies from 90 feet at a point 355.86 feet east of the centerline of northbound The Paseo to 37 feet at a point 1,102.86 feet east of the centerline of northbound The Paseo.

 

Brush Creek Boulevard - Width of Sidewalk - North Side

 

5 feet from The Paseo to a point 1,102.86 feet east of the centerline of northbound Paseo.

 

Swope Parkway - Width of Roadway

 

Varies from 90 feet at northbound The Paseo to 86 feet at Flora Avenue.

 

86 feet from Flora Avenue to 655 feet east of the east line of Flora Avenue.

 

Swope Parkway - Width of Sidewalk - South Side

 

5 feet from The Paseo to a point 655 feet east of the east line of Flora Avenue.

 

Volker Boulevard - Width of Roadway

 

90 feet from The Paseo to a point 367.44 feet west of the centerline of southbound The Paseo.

 

Varies from 90 feet at a point 367.44 feet west of the centerline of southbound The Paseo to 37 feet at a point 1,067.44 feet west of the centerline of southbound The Paseo.

 

Volker Boulevard - Width of Sidewalk - South Side

 

5 feet from The Paseo to a point 1,067.44 feet west of the centerline of southbound The Paseo.

 

Section 3. Re-establishing the Grades. That the grades on The Paseo from 49th Street to 47th Street; Brush Creek Boulevard from The Paseo to a point 97 feet west of The Paseo; 47th Street from The Paseo to Virginia Avenue (on the south side); and Swope Parkway from The Paseo to a point 655 feet east of Flora Avenue in Kansas City, Jackson County, Missouri, be and the same are hereby changed, determined, and re-established as set forth in Resolution No. 951211, adopted by the Council of Kansas City, Missouri on September 7, 1995, and 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 roadways, located and defined by the below listed adjacent grade points, which shall be connected by straight grades (tangents) or vertical curves between such grade points, the elevations of which are given below, above the City directrix, as follows, to wit:

 

The Paseo

East Alignment (Northbound)

 

Elevation

 

At a point on the north line of 49th Street. 97.14

 

At a point 286 feet north of the north line of 49th Street. 92.19

 

At a point 587 feet north of the north line of 49th Street. 84.75

 

Except that the grade planes meeting at a point 286 feet north of the north line of 49th Street shall be connected by a vertical curve having tangents 100 feet in length.

 

At a point 1,004.22 feet north of the north line of 49th Street. 88.93

 

Except that the grade planes meeting at a point 587 feet north of the north line of 49th Street shall be connected by a vertical curve having tangents 125 feet in length.

 

At a point 1,206 feet north of the north line of 49th Street. 86.91

 

Except that the grade planes meeting at a point 1,004.22 feet north of the north line of 49th Street shall be connected by a vertical curve having tangents 100 feet in length.

 

At a point 1,401 feet north of the north line of 49th Street. 85.43

 

Except that the grade planes meeting at a point 1,206 feet north of the north line of 49th Street shall be connected by a vertical curve having tangents 60 feet in length.

 

The Paseo

West Alignment (Southbound)

 

Elevation

 

At a point on the north line of 49th Street. 91.71

 

At a point 86 feet north of the north line of 49th Street. 90.70

 

At a point 461 feet north of the north line of 49th Street. 84.61

 

Except that the grade planes meeting at a point 86 feet north of the north line of 49th Street shall be connected by a vertical curve having tangents 50 feet in length.

 

At a point 893.40 feet north of the north line of 49th Street. 88.93

 

Except that the grade planes meeting at a point 461 feet north of the north line of 49th Street shall be connected by a vertical curve having tangents 100 feet in length.

 

At a point 1,086 feet north of the north line of 49th Street. 87.00

 

Except that the grade planes meeting at a point 893.40 feet north of the north line of 49th Street shall be connected by a vertical curve having tangents 100 feet in length.

 

At a point 1,376 feet north of the north line of 49th Street. 85.17

 

Except that the grade planes meeting at a point 1,086 feet north of the north line of 49th Street shall be connected by a vertical curve having tangents 60 feet in length.

 

Brush Creek Boulevard

West of The Paseo

 

Elevation

 

At a point 3 feet east of the west line of The Paseo. 90.03

 

At a point 22 feet west of the west line of The Paseo. 89.51

 

At a point 72 feet west of the west line of The Paseo. 93.35

 

Except that the grade planes meeting at a point 22 feet west of the west line of The Paseo shall be connected by a vertical curve having tangents 25 feet in length.

 

At a point 97 feet west of the west line of The Paseo. 93.99

 

Except that the grade planes meeting at a point 72 feet west of the west line of The Paseo shall be connected by a vertical curve having tangents 25 feet in length.

 

47th Street

 

Elevation

 

At a point on the west line of Virginia Avenue (on the south side). 85.01

 

At a point 202 feet east of the west line of Virginia Avenue (on the 82.97 south side).

 

At a point 314 feet east of the west line of Virginia Avenue (on the 84.65 south side).

 

Except that the grade planes meeting at a point 202 feet east of the west line of Virginia Avenue shall be connected by a vertical curve having tangents 75 feet in length.

 

Swope Parkway

 

Elevation

 

At a point 487.66 feet west of the east line of Flora Avenue. 86.01

 

At a point 387.66 feet west of the east line of Flora Avenue. 84.42

 

At a point 5 feet west of the east line of Flora Avenue. 95.90

 

Except that the grade planes meeting at a point 387.66 feet west of the east line of Flora Avenue shall be connected by a vertical curve having tangents 100 feet in length.

 

At a point 555 feet east of the east line of Flora Avenue. 90.21

 

Except that the grade planes meeting at a point 5 feet west of the east line of Flora Avenue shall be connected by a vertical curve having tangents 150 feet in length.

 

At a point 655 feet east of the east line of Flora Avenue. 89.61

 

Except that the grade planes meeting at a point 555 feet east of the east line of Flora Avenue shall be connected by a vertical curve having tangents 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 prepared and certified by the City Engineer under the supervision of the Director of Public Works and identified as Public Works File No. 1993-55 the same being on file in the office of the Director of Public Works and being incorporated herein by reference.

 

Section 5. Grading. That the grading of The Paseo, 47th Street, Brush Creek Boulevard, Swope Parkway and Volker Boulevard, within the limits described herein, is hereby authorized to be done to the re-established grades all in accordance with the plans and specifications.

 

Section 6. Embankment. That the grading of the streets or parts thereof, hereby widened, realigned and established, to the re-established grades of the same, may cause an embankment or fill to be made, leaving abutting property below the proposed grade of the streets; 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 streets 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 streets 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 or damages, if any, therefore shall be paid according to law.

 

Section 7. Excavation. That in grading said streets or parts thereof hereby widened, realigned and established to the re-established grades 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 streets 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 streets, a sufficient distance and on such slope as will leave the streets, 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 approximately 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 streets 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 8. Parkway and Easements. That lands for permanent parkway and park purposes, and temporary construction easements are hereby condemned and taken for public use for the location, construction, reconstruction, maintenance operation and repair of street, parkway and park improvements in and upon the lands hereinafter described.

 

The lands for permanent parkway and park purposes shall be taken by Kansas City in fee simple absolute and used by Kansas City as the permanent location of the roadways, sidewalks, supporting embankments and slopes, retaining walls, and drainage structures respectively to be constructed therein; and Kansas City shall have the right to keep and use such lands for all lawful park purposes including, but not limited to constructing, reconstructing, maintaining, operating and repairing the roadways.

 

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 and sidewalk pavements, construction of retaining walls, 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. 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.

 

TRACT NO. 2 PERMANENT LANDS FOR PARKWAY AND PARK PURPOSES; AND TEMPORARY CONSTRUCTION EASEMENT

 

Permanent lands for parkway and park purposes:

 

A tract of land in Lots 12 through 14, Block 4, Llewellyn Annex, a subdivision in the Northwest 1/4 of Section 28, T49N, R33W, in Kansas City, Jackson County, Missouri, described as follows:

 

Commencing at the northeast corner of Lot 14, Block 4, Llewellyn Annex, a subdivision in the Northwest 1/4 of Section 28, T49N, R33W; thence N87-26'-19"W along the north line of Lot 14, a distance of 20.00 feet to the west right-of-way line of The Paseo, the point of beginning; thence S2-33'-29"W along the west right-of-way line, a distance of 150.00 feet to the south line of Lot 12; thence N87-26'-19W along the south line of Lot 12, a distance of 11.60 feet; thence N5-06'-01"E, a distance of 150.15 feet to the north line of Lot 14; thence S87-26'-19"E along the north line of Lot 14, a distance of 4.95 feet to the point of beginning. Bearings are referenced to grid north in the Missouri State Plane Coordinate System 1983.

 

TEMPORARY CONSTRUCTION EASEMENT

 

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

 

A tract of land in Lots 12 through 14, Block 4, Llewellyn Annex, a subdivision in the Northwest 1/4 of Section 28, T49N, R33W, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the northeast corner of Lot 14, Block 4, Llewellyn Annex, a subdivision in the Northwest 1/4 of Section 28, T49N, R33W; thence N87-26'-19"W along the north line of Lot 14, a distance of 24.95 feet to the point of beginning; thence S05-06'-01"W, a distance of 150.15 feet to the south line of Lot 12; thence N87-26'-19"W along the south line of Lot 12, a distance of 5.00 feet; thence N05-06'-01"E, a distance of 150.15 feet to the north line of Lot 14; thence S87-26'-19"E along the north line of Lot 14, a distance of 5.00 feet to the point of beginning. Bearings are referenced to grid north in the Missouri State Plane Coordinate System 1983.

 

TRACT NO. 5 PERMANENT LANDS FOR PARKWAY AND PARK PURPOSES; AND TEMPORARY CONSTRUCTION EASEMENT

 

Permanent lands for parkway and park purposes:

 

A tract of land in the West 1/2 of Section 28, T49N, R33W, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the southeast corner of the Southwest 1/4 of the Northwest 1/4 of Section 28, T49N, R33W; thence N87-10'-50"W along the south line of the Southwest 1/4 of the Northwest 1/4 of Section 28, a distance of 50.00 feet to the south prolongation of the west right-of-way line of The Paseo; thence N2-33'-29"E along the prolongation of the west right-of-way of The Paseo, a distance of 141.67 feet to the north right-of-way line of 47th Street, the point of beginning; thence S79-55'-25"W along the north right-of-way line of 47th Street, a distance of 17.03 feet; thence N2-25'-59"E, a distance of 136.36 feet; thence S89-23'-03"E, a distance of 16.93 feet to the west right-of-way line of The Paseo; thence S2-33'-29"W along that right-of-way line, a distance of 133.20 feet to the point of beginning. Bearings are referenced to grid north in the Missouri State Plane Coordinate System 1983.

 

TEMPORARY CONSTRUCTION EASEMENT

 

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

 

A tract of land in the Northwest 1/4 of Section 28, T49N, R33W, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the southeast corner of the Southwest 1/4 of the Northwest 1/4 of Section 28, T49N, R33W; thence N87-10'-50"W along the south line of the Southwest 1/4 of the Northwest 1/4 of Section 28, a distance of 50.00 feet to the south prolongation of the west right-of-way line of The Paseo; thence N2-33'-29"E along the prolongation of the west right-of-way line of The Paseo, a distance of 141.67 feet to the north right-of-way line of 47th Street; thence S79-55'-25"W along the north right-of-way line of 47th Street, a distance of 17.03 feet to the point of beginning; thence S79-55'-25"W continuing along that right-of-way line, a distance of 107.93 feet; thence N2-19'-25"E, a distance of 5.12 feet; thence N79-55'-25"E, a distance of 97.70 feet; thence N2-25'-59"E, a distance of 133.14 feet; thence S89-23'-03"E, a distance of 10.00 feet; thence S2-25'-59"W, a distance of 136.36 feet to the point of beginning. Bearings are referenced to grid north in the Missouri State Plane Coordinate System 1983.

 

TRACT NO. 6 PERMANENT LANDS FOR PARKWAY AND PARK PURPOSES; AND TEMPORARY CONSTRUCTION EASEMENT

 

Permanent lands for parkway and park purposes:

 

A tract of land in the Northwest 1/4 of Section 28, T49N, R33W, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the southwest corner of the Southeast 1/4 of the Northwest 1/4 of Section 28, T49N, R33W; thence N2-33'-29"E along the west line of the Southeast 1/4 of the Northwest 1/4 of Section 28, a distance of 714.28 feet to the west prolongation of the north right-of-way line of 46th Street; thence S87-12'-31"E along the prolongation of the north right-of-way line of 46th Street, a distance of 50.00 feet to the east right-of-way line of The Paseo; thence N2-33'-29"E along the east right-of-way line of The Paseo, a distance of 116.00 feet to the point of beginning; thence N2-33'-29"E continuing along that right-of-way line, a distance of 260.84 feet; thence S00-02'-20"W, a distance of 261.14 feet; thence N87-12'-31"W, a distance of 11.48 feet to the point of beginning. Bearings are referenced to grid north in the Missouri State Plane Coordinate System 1983.

 

TEMPORARY CONSTRUCTION EASEMENT

 

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

 

A tract of land in the Northwest 1/4 of Section 28, T49N, R33W, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the southwest corner of the Southeast 1/4 of the Northwest 1/4 of Section 28, T49N, R33W; thence N2-33'-29"E along the west line of the Southeast 1/4 of the Northwest 1/4 of Section 28, a distance of 714.28 feet to the west prolongation of the north right-of-way line of 46th Street; thence S87-12'-31"E along the prolongation of the north right-of-way line of 46th Street, a distance of 50.00 feet to the east right-of-way line of The Paseo; thence N2-33'-29"E along the east right-of-way line of The Paseo, a distance of 116.00 feet; thence S87-12'-31"E departing that right-of-way line, a distance of 11.48 feet to the point of beginning; thence N00-02'-20"E, a distance of 261.14 feet to the east right-of-way line of The Paseo; thence N2-33'-29"E along the east right-of-way line of The Paseo, a distance of 183.16 feet to the point of curve to the right having a central angle of 55-05'-47 and a radius of 15.00 feet; thence northeasterly, along the arc of that curve and that right-of-way line, a distance of 14.42 feet; thence S00-02'-20"W, departing that curve and that right-of-way line, a distance of 456.86 feet; thence N87-12'-31"W, a distance of 15.02 feet to the point of beginning. Bearings are referenced to grid north in the Missouri State Plane Coordinate System 1983.

 

TRACT NO. 7 PERMANENT LANDS FOR PARKWAY AND PARK PURPOSES; AND TEMPORARY CONSTRUCTION EASEMENT

 

Permanent lands for parkway and park purposes:

 

 

A tract of land in the Northwest 1/4 of Section 28, T49N, R33W, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the southwest corner of the Southeast 1/4 of the Northwest 1/4 of Section 28, T49N, R33W; thence N2-33'-29"E along the west line of the Southeast 1/4 of the Northwest 1/4 of Section 28, a distance of 714.28 feet to the west prolongation of the north right-of-way line of 46th Street; thence S87-12'-31"E along the prolongation of the north right-of-way line of 46th Street, a distance of 50.00 feet to the east right-of-way line of The Paseo the point of beginning; thence N2-33'-29"E along the east right-of-way line of The Paseo, a distance of 116.00 feet; thence S87-12'-31"E, a distance of 11.48 feet; thence S00-02'-20"W, a distance of 116.13 feet to the north right-of-way line of 46th Street; thence N87-12'-31"W along that right-of-way line, a distance of 16.58 feet to the point of beginning. Bearings are referenced to grid north in the Missouri State Plane Coordinate System 1983.

 

TEMPORARY CONSTRUCTION EASEMENT

 

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

 

A tract of land in the Northwest 1/4 of Section 28, T49N, R33W, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the southwest corner of the Southeast 1/4 of the Northwest 1/4 of Section 28, T49N, R33W; thence N2-33'-29"E along the west line of the Southeast 1/4 of the Northwest 1/4 of Section 28, a distance of 714.28 feet to the west prolongation of the north right-of-way line of 46th Street; thence S87-12'-31"E along the prolongation of the north right-of-way line of 46th Street, a distance of 50.00 feet to the east right-of-way line of The Paseo; thence S87-12'-31"E continuing along the north right-of-way line of 46th Street, a distance of 16.58 feet to the point of beginning; thence N00-02'-20"E, a distance of 116.13 feet; thence S87-12'-31"E, a distance of 10.01 feet; thence S00-02'-20"W, a distance of 106.12 feet; thence S87-12'-31"E, a distance of 10.01 feet; thence S00-02'-20"W, a distance of 10.01 feet to the north right-of-way line of 46th Street; thence N87-12'-31"W along that right-of-way line, a distance of 20.02 feet to the point of beginning. Bearings are referenced to grid north in the Missouri State Plane Coordinate System 1983.

 

TRACT NO. 8 PERMANENT LANDS FOR PARKWAY AND PARK PURPOSES; AND TEMPORARY CONSTRUCTION EASEMENT

 

Permanent lands for parkway and park purposes:

 

A tract of land in the Northwest 1/4 of Section 28, T49N, R33W, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the southwest corner of the Southeast 1/4 of the Northwest 1/4 of Section 28, T49N, R33W; thence S87-10'-50"E along the south line of the Southeast 1/4 of the Northwest 1/4 of Section 28, a distance of 50.00 feet to the south prolongation of the east right-of-way line of The Paseo; thence N2-33'-29"E along the prolongation of the east right-of-way line of The Paseo, a distance of 200.97 feet to the north right-of-way line of Brush Creek Parkway to the point of beginning; thence N2-33'-29"E continuing along the east right-of-way line of The Paseo, a distance of 453.33 feet to the south right-of-way line of 46th Street; thence S87-12'-31"E along that south right-of-way line, a distance of 58.26 feet; thence S2-23'-04"W, a distance of 5.00 feet; thence N87-12'-31"W, a distance of 40.00 feet; thence S2-23'-04"W, a distance of 447.40 feet to the north right-of-way line of Brush Creek Parkway; thence N89-55'-14"W along that north right-of-way line, a distance of 19.64 feet to the point of beginning. Bearings are referenced to grid north in the Missouri State Plane Coordinate System 1983.

 

TEMPORARY CONSTRUCTION EASEMENT

 

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

 

A tract of land in the Northwest 1/4 of Section 28, T49N, R33W, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the southwest corner of the Southeast 1/4 of the Northwest 1/4 of Section 28, T49N, R33W; thence S87-10'-50"E along the south line of the Southeast 1/4 of the Northwest 1/4 of Section 28, a distance of 50.00 feet to the south prolongation of the east right-of-way line of The Paseo; thence N2-33'-29"E along the prolongation of the east right-of-way line of The Paseo, a distance of 200.97 feet to the north right-of-way line of Brush Creek Boulevard; thence S89-55'-14"E along the north right-of-way line of Brush Creek Boulevard, a distance of 19.64 feet to the point of beginning; thence N2-23'-04"E, a distance of 447.40 feet; thence S87-12'-31"E, a distance of 40.00 feet; thence S2-23'-04"W, a distance of 10.00 feet; thence N87-12'-31"W, a distance of 30.00 feet; thence S2-23'-04"W, a distance of 436.93 feet to the north right-of-way line of Brush Creek Boulevard; thence N89-55'-14"W along that right-of-way line, a distance of 10.00 feet to the point of beginning. Bearings are referenced to grid north in the Missouri State Plane Coordinate System 1983.

 

TRACT NO. 9 PERMANENT LANDS FOR PARKWAY AND PARK PURPOSES; AND TEMPORARY CONSTRUCTION EASEMENT

 

Permanent lands for parkway and park purposes:

 

A tract of land in Lot 13, Block 3, Logan Park, a subdivision in the Northwest 1/4 of Section 28, T49N, R33W, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the southwest corner of Lot 13, Block 3, Logan Park, a subdivision in the Northwest 1/4 of Section 28, T49N, R33W; thence N2-08'-57"E along the west line of Lot 13, a distance of 20.00 feet to the north right-of-way line of 47th Street to the point of beginning; thence N2-08'-57"E continuing along the west line of Lot 13, a distance of 5.28 feet; thence N88-11'-01"E, a distance of 93.94 feet to the west right-of-way line of Virginia Avenue; thence S25-49'-43"W along that right-of-way line, a distance of 13.98 feet to the north right-of-way line of 47th Street; thence N87-10'-50"W along that right-of-way line, a distance of 88.10 feet to the point of beginning. Bearings are referenced to grid north in the Missouri State Plane Coordinate System 1983.

 

TEMPORARY CONSTRUCTION EASEMENT

 

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

 

A tract of land in Lot 13, Block 3, Logan Park, a subdivision in the Northwest 1/4 of Section 28, T49N, R33W, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the southwest corner of Lot 13, Block 3, Logan Park, a subdivision in the Northwest 1/4 of Section 28, T49N, R33W; thence N2-08'-57"E along the west line of Lot 13, a distance of 25.28 feet to the point of beginning; thence N2-08'-57"E continuing along the west line of Lot 13, a distance of 10.02 feet; thence N88-11'-01"E, a distance of 98.48 feet to the west right-of-way line of Virginia Avenue; thence S25-49'-43"W along that right-of-way line, a distance of 11.29 feet; thence S88-11'-01"W, a distance of 93.94 feet to the point of beginning. Bearings are referenced to grid north in the Missouri State Plane Coordinate System 1983.

 

TRACT NO. 10 PERMANENT LANDS FOR PARKWAY AND PARK PURPOSES; AND TEMPORARY CONSTRUCTION EASEMENT

 

Permanent lands for parkway and park purposes:

 

A tract of land in Lot 12, Block 3, Logan Park, a subdivision in the Northwest 1/4 of Section 28, T49N, R33W, in Kansas City, Jackson County, Missouri, described as follows:

 

Commencing at the southeast corner of Lot 12, Block 3, Logan Park, a subdivision in the Northwest 1/4 of Section 28, T49N, R33W; thence N2-08'-57"E along the east line of Lot 12, a distance of 20.00 feet to the north right-of-way line of 47th Street to the point of beginning; thence N87-10'-50"W along that right-of-way line, a distance of 45.72 feet; thence N2-31'-08"E, a distance of 1.58 feet; thence N88-11'-01"E, a distance of 45.82 feet to the east line of Lot 12; thence S02-08'-57"W along that line, a distance of 5.28 feet to the point of beginning. Bearings are referenced to grid north in the Missouri State Plane Coordinate System 1983.

 

 

TEMPORARY CONSTRUCTION EASEMENT

 

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

 

A tract of land in Lot 12, Block 3, Logan Park, a subdivision in the Northwest 1/4 of Section 28, T49N, R33W, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the southeast corner of Lot 12, Block 3, Logan Park, a subdivision in the Northwest 1/4 of Section 28, T49N, R33W; thence N2-08'-57"E along the east line of Lot 12, a distance of 25.28 feet to the point of beginning; thence S88-11'-01"W, a distance of 45.82 feet; thence N2-31'-08"E, a distance of 10.03 feet; thence N88-11'-01"E, a distance of 45.76 feet to the east line of Lot 12; thence S2-08'-57"W along that line, a distance of 10.02 feet to the point of beginning. Bearings are referenced to grid north in the Missouri State Plane Coordinate System 1983.

 

TRACT NO. 11 PERMANENT LANDS FOR PARKWAY AND PARK PURPOSES

 

Permanent lands for parkway and park purposes:

 

The north 100.00 feet of Lots 402 and 403, the Highlands Resurvey, a subdivision in the West 1/2 of Section 28, T49N, R33W, in Kansas City, Jackson County, Missouri.

 

TRACT NO. 12 PERMANENT LANDS FOR PARKWAY AND PARK PURPOSES

 

Permanent lands for parkway and park purposes:

 

The south 40.00 feet of Lots 402 and 403 and the north 60.00 feet of Lots 410 and 411, the Highlands Resurvey, a subdivision in the West 1/2 of Section 28-T49N-R33W, in Kansas City, Jackson County, Missouri.

 

TRACT NO. 13 PERMANENT LANDS FOR PARKWAY AND PARK PURPOSES

 

Permanent lands for parkway and park purposes:

 

All of Lots 401 and 412, the west 40 feet of Lots 400 and 413, the south 60 feet of Lots 410 and 411; and the North 1/2 of vacated 47th Street Terrace (Houston Avenue) south of and adjoining Lots 410, 411, 412 and the west 40 feet of Lot 413, the Highlands Resurvey, a subdivision in the Southwest 1/4 of Section 28, T49N, R33W, in Kansas City, Jackson County, Missouri.

 

TRACT NO. 15 PERMANENT LANDS FOR PARKWAY AND PARK PURPOSES

 

Permanent lands for parkway and park purposes:

 

All of Lots 418 and 419, and the South 1/2 of vacated 47th Street Terrace north of and adjacent to Lots 418 and 419, the Highlands Resurvey, a subdivision in the West 1/2 of Section 28, T49N, R33W, in Kansas City, Jackson County, Missouri.

 

TRACT NO. 16 PERMANENT LANDS FOR PARKWAY AND PARK PURPOSES

 

Permanent lands for parkway and park purposes:

 

All of Lots 417, 426, 427 and that portion of vacated Grove Street and that portion of vacated 47th Street Terrace (Huston Avenue) in the Highlands Resurvey, a subdivision in the Southwest 1/4 of Section 28, T49N, R33W, in Kansas City, Jackson County, Missouri, described as follows: Beginning at the southwest corner of Lot 426, the Highlands Resurvey, a subdivision in the Southwest 1/4 of Section 28, T49N, R33W, also being a point of the east right-of-way line of The Paseo; thence N2-36'-31"E along the east right-of-way line of The Paseo as now exists, a distance of 120.00 feet to the southwest corner of Lot 419; thence S87-10'-50"E along the south lines of Lot 419 and Lot 418, a distance of 100.00 feet to the southwest corner of Lot 417; thence N2-36'-31"E along the west line of Lot 417 and the northerly prolongation of that west line, a distance of 145.00 feet to the centerline of vacated 47th Street Terrace (Huston Avenue); thence S87-10'-50"E along that centerline, a distance of 90.00 feet to the west right-of-way line of Flora Avenue as now existing; thence S2-36'-31"W along that west right-of-way line, a distance of 36.27 feet to the centerline of vacated Grove Street; thence S31-32'-03"W along that centerline, a distance of 123.97 feet to a point of intersection of the centerline of vacated Grove Street and the easterly prolongation of the south line of Lot 417; thence S87-10'-50"E along the easterly prolongation of the south line of Lot 417, a distance of 17.10 feet to the east right-of-way line of vacated Grove Street; thence S31-32'-03"W along that east right-of-way line, a distance of 136.82 feet to the southwest corner of Lot A; thence N87-10'-50"W along the north right-of-way line of vacated 48th Street, a distance of 80.96 feet to the point of beginning.

 

TRACT NO. 22 PERMANENT LANDS FOR PARKWAY AND PARK PURPOSES

 

Permanent lands for parkway and park purposes:

 

A tract of land in Lot 441, the Highlands Resurvey, a subdivision in the Southwest 1/4 of Section 28, T49N, R33W, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the southeast corner of Lot 450, the Highlands Resurvey, a subdivision in the Southwest 1/4 of Section 28, T49N, R33W; thence N87-10'-41"W along the south line of Lot 450, a distance of 46.71 feet to the east right-of-way line of The Paseo; thence N11-29'-01"W along the east right-of-way line of The Paseo, a distance of 178.90 feet, to the north right-of-way line of vacated 48th Street Terrace; thence N88-20'-27"W along the east right-of-way line of The Paseo, a distance of 10.00 feet to the point of beginning; thence N2-36'-31"E continuing along the east right-of-way line of The Paseo, a distance of 18.08 feet; thence S11-47'-44"E, a distance of 18.59 feet to the east right-of-way line The Paseo; thence N88-20'-27"W along that right-of-way line, a distance of 4.62 feet to the point of beginning. Bearings are referenced to grid north in the Missouri State Plane Coordinate System 1983.

 

TEMPORARY CONSTRUCTION EASEMENT

 

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

 

A tract of land in vacated 48th Street Terrace and Lots 450, 451 and 441, the Highlands Resurvey, a subdivision in the Southwest 1/4 of Section 28, T49N, R33W, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the southeast corner of Lot 450, the Highlands Resurvey, a subdivision in the Southwest 1/4 of Section 28, T49N, R33W; thence N87-10'-41"W along the south line of Lot 450, a distance of 46.71 feet to the east right-of-way line of The Paseo to the point of beginning; thence N11-29'-01"W along the east right-of-way line of The Paseo, a distance of 178.90 feet, to the north right-of-way line of vacated 48th Street Terrace; thence N88-20'-27"W along the north right-of-way line of vacated 48th Street Terrace, a distance of 5.38 feet; thence N11-47'-44"W, a distance of 18.59 feet to the east right-of-way line of The Paseo; thence N2-36'-31"E along that right-of-way line, a distance of 98.77 feet to the north line of Lot 441; thence S87-10'-50"E along that line, a distance of 5.00 feet; thence S2-36'-31"W parallel with and 5.00 feet easterly from the east right-of-way line of The Paseo, a distance of 55.68 feet; thence S11-29'-01"E, a distance of 241.82 feet to the south line of Lot 450; thence N87-10'-41"W along the south line of Lot 450, a distance of 10.32 feet to the point of beginning. Bearings are referenced to grid north in the Missouri State Plane Coordinate System 1983.

 

Section 9. Utilities. That in widening and realigning said parkways certain public utility corporation easements may be included within the boundaries of the lands acquired, 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 parkway improvements to be made by the City. Where no such physical improvements are presently located within such lands said corporations shall have the right to locate, construct and maintain their respective improvements, subject, however, to the approval of the Board of Parks and Recreation Commissioners.

 

Section 10. Compensation. Just compensation for the private property to be condemned and taken for parkway and park purposes 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 Article 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 for parkway and park purposes and the damages or enumeration on account of said grading thereof and for the taking of temporary construction easements, shall be derived from funds now available or to be made available.

 

Section 11. Partial Dismissal. If any lands or easements as aforesaid shall be acquired by the City's Director of City Development Department, which he 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 from such condemnation proceedings.

 

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

 

____________________________________________________

 

Approved: Approved:

 

 

___________________________ ___________________________ Charles E. Owsley, P.E. George E. Wolf, Jr., P.E. City Engineer Director of Public Works

 

 

Approved as to form and legality:

 

 

_________________________________

Assistant City Attorney