ORDINANCE NO. 990731
Reestablishing
and relocating St. Louis Avenue and the St. Louis Avenue Viaduct from a point
113.7 meters easterly of the west line of Section 6, Township 49 North, Range
33 West, to Beardsley Road, said Viaduct being moved to a point where the
centerline of the new Viaduct at Beardsley Road is approximately 105 meters
(344.48 feet) southerly of the existing Viaduct centerline, including new and
improved intersections at Bruce Forester Viaduct, Union Avenue, Bluff Street,
and Beardsley Road; providing for the reconstruction of intersecting streets;
establishing and reestablishing street grades and authorizing the grading
thereof; establishing the width of roadways; condemning private property for
street purposes; 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 St.
Louis Avenue and the St. Louis Avenue Viaduct from a point 113.7 meters
easterly of the west line of Section 6, Township 49 North, Range 33 West, to
Beardsley Road be reconstructed and relocated, said Viaduct being moved to a
point where the centerline of the new Viaduct at Beardsley Road is approximately
105 meters (344.48 feet) southerly of the existing Viaduct centerline,
including improved and reconstructed intersections, to accommodate the improved
and relocated St Louis Avenue and Viaduct at Bruce Forester Viaduct, Union
Avenue, Bluff Street, and Beardsley Road, and the grades thereof be established
and reestablished and the grading thereof be authorized; and
WHEREAS,
the Council further finds the Director of Public Works, as evidenced by his
Declaration of Necessity No. 5124, adopted and entered on December 23, 1998,
has caused the plans and specifications for the said improvements to be
prepared, and the Council further finds the City did enter into an agreement
for the reconstruction of the Viaducts with the Kansas City Terminal Railway on
January 22, 1992, approved by the Council on January 9, 1992, in Ordinance No.
911606, and the Council further finds it did approve by Ordinance No. 970258,
passed March 27, 1997, that the City enter into an STP-Urban Program Agreement
with the Missouri Highway and Transportation Commission signed April 7, 1998,
by the Director of Public Works and signed April 14, 1997, by the Deputy Chief
Engineer, MHTC, and it is also determined that certain lands and easements, all
herein described, must be acquired in connection with the making of the
improvements provided for the authorized herein; NOW, THEREFORE,
BE
IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section
1. That the re-establishing and relocating of St. Louis Avenue and the St.
Louis Avenue Viaduct from a point 113.7 meters easterly of the west line of the
NE Quarter of Section 6, Township 49 North, Range 33 West, to Beardsley Road,
said Viaduct being moved to a point where the centerline of the new Viaduct at
Beardsley Road is approximately 105 meters (344.48 feet) southerly of the
existing Viaduct centerline, and the reconstruction of the intersecting streets
of Bruce Forester Viaduct from a point 117.0 meters easterly of the west line
of the NE Quarter of Section 6, Township 49 North, Range 33 West, to St. Louis
Avenue, Union Avenue from a point 164.6 meters easterly of the west line of the
NE Quarter of Section 6, Township 49 North, Range 33 West, to St. Louis Avenue,
Bluff Street from a point 367.0 meters northerly of the centerline of
12th
Street to the new St. Louis Avenue Viaduct intersection, Beardsley Road from a
point 383.4 meters northerly of the centerline of 12th Street to the new St.
Louis Avenue Viaduct intersection, all as more fully described on the drawings,
File No. 1997-82, which are on file in the Office of the Director of Public
Works and are incorporated herein by reference are hereby provided for and
authorized.
Section
2. That the grades on St. Louis Avenue and the St. Louis Avenue Viaduct from a
point 113.7 meters easterly of the west line of the NE Quarter of Section 6,
Township 49 North, Range 33 West, to a point 352.3 meters easterly of said west
Quarter Section line (being a point on Beardsley Road), Bruce Forester Viaduct
from a point 117.0 meters easterly of the west line of the NE Quarter of
Section 6, Township 49 North, Range 33 West, to a point 224.5 meters easterly
of said west Quarter Section line, Union Avenue from a point 164.6 meters
easterly of the west line of the NE Quarter of Section 6, Township 49 North,
Range 33 West, to a point 340.3 meters easterly of said west Section line,
Bluff Street from a point 367.0 meters northerly of the centerline of 12th
Street to a point 432.0 meters northerly of said centerline, Beardsley Road
from a point 383.4 meters northerly of the centerline of 12th Street to a point
528.4 meters northerly of said centerline, all being in Kansas City, Jackson
County, Missouri, be and the same are hereby established or changed,
determined, and reestablished as set forth in Resolution No. 990010, adopted by
the Council of Kansas City, Missouri on January 28, 1999, 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 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 points, the elevations of
which are given below, in meters above the City Directrix, as follows, to wit:
St. Louis Avenue and Viaduct
Elevation in Meters
At
a point 113.7 meters easterly of the west line of the 8.120
NE
Quarter of Section 6/49N/33W.
At
a point 133.7 meters easterly of the west line of the 8.210
NE
Quarter of Section 6/49N/33W.
At
a point 273.7 meters easterly of the west line of the 17.933
NE
Quarter of Section 6/49N/33W.
Except
that the grade planes meeting at a point
133.7
meters easterly of the west line of the NE
Quarter
of Section 6/49N/33E shall be connected
by
a vertical curve having tangents 20 meters in
length.
At
a point 341.7 meters easterly of the west line of the 18.953
NE
Quarter of Section 6/49N/33W.
Except
that the grade planes meeting at a point
273.7
meters easterly of the west line of the NE
Quarter
of Section 6/49N/33E shall be connected
by
a vertical curve having tangents 25 meters in
length.
At
a point 352.3 meters easterly of the west line of the 18.920
NE
Quarter of Section 6/49N/33W.
Bruce Forester
Elevation in Meters
At
a point 117.0 meters easterly of the west line of the 12.190
NE
Quarter of Section 6/49N/33W.
At
a point 149.5 meters easterly of the west line of the 10.770
NE
Quarter of Section 6/49N/33W.
At
a point 204.5 meters easterly of the west line of the 15.150
NE
Quarter of Section 6/49N/33W.
Except
that the grade planes meeting at a point
149.5
meters easterly of the west line of the NE
Quarter
of Section 6/49N/33E shall be connected
by
a vertical curve having tangents 32.5 meters
in
length.
At
a point 224.5 meters easterly of the west line of the 15.693
NE
Quarter of Section 6/49N/33W.
Except
that the grade planes meeting at a point
204.5
meters Easterly of the West line of the NE
Quarter
of Section 6/49N/33E shall be connected
by
a vertical curve having tangents 10 meters in
length.
Union Avenue
Elevation in Meters
At
a point 164.6 meters easterly of the west line of the 8.300
NE
Quarter of Section 6/49N/33W.
At
a point 184.6 meters easterly of the west line of the 8.400
NE
Quarter of Section 6/49N/33W.
At
a point 304.6 meters easterly of the west line of the 16.30
NE
Quarter of Section 6/49N/33W.
Except
that the grade planes meeting at a point
184.6
meters Easterly of the West line of the NE
Quarter
of Section 6/49N/33E shall be connected
by
a vertical curve having tangents 20 meters in
length.
At
a point 340.288 meters easterly of the west line of the 17.344
NE
Quarter of Section 6/49N/33W.
Except
that the grade planes meeting at a point
304.6
meters Easterly of the West line of the NE
Quarter
of Section 6/49N/33E shall be connected
by
a vertical curve having tangents 25 meters in
length.
Bluff Street
Elevation in Meters
At
a point 367.0 meters northerly of the centerline of 16.810
12th
Street.
At
a point 382.0 meters northerly of the centerline of 17.130
12th
Street.
At
a point 417.0 meters northerly of the centerline of 18.590
12th
Street.
Except
that the grade planes meeting at a point
382
meters northerly of the centerline of 12th
Street
shall be connected by a vertical curve
having
tangents 15 meters in length.
At
a point 432.0 meters northerly of the centerline of 18.731
12th
Street.
Except
that the grade planes meeting at a point
417
meters northerly of the centerline of 12th
Street
shall be connected by a vertical curve
having
tangents 15 meters in length.
Beardsley Road
Elevation in Meters
At
a point 383.4 meters northerly of the centerline of 19.190
12th
Street.
At
a point 403.4 meters northerly of the centerline of 18.710
12th
Street.
At
a point 453.4 meters northerly of the centerline of 19.150
12th
Street.
Except
that the grade planes meeting at a point
403.4
meters northerly of the centerline of 12th
Street
shall be connected by a vertical curve
having
tangents 20 meters in length.
At
a point 508.4 meters northerly of the centerline of 17.090
12th
Street.
Except
that the grade planes meeting at a point
453.4
meters northerly of the centerline of 12th
Street
shall be connected by a vertical curve
having
tangents 25 meters in length.
At
a point 528.4 meters northerly of the centerline of 16.990
12th
Street.
Except
that the grade planes meeting at a point
508.4
meters northerly of the centerline of 12th
Street
shall be connected by a vertical curve
having
tangents 20 meters in length
Section
3. 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. 1997-82, the same being on file
in the Office of the Director of Public Works and being incorporated herein by
reference.
Section
4. That the grading of St. Louis Avenue, Bruce Forester Viaduct, Union Avenue,
Bluff Street, and Beardsley Road, within the limits described herein, is hereby
authorized to be done to the established and or reestablished grades all in
accordance with the plans and specifications.
Section
5. That the grading of the street or parts thereof, hereby widened and
established, to the established and or reestablished 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 or damages, if any, therefore shall be paid according to law.
Section
6. That in grading said street or a part thereof hereby widened and
established to the established and or reestablished 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 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, shall be within the limits of the permanent and temporary easements
hereinafter described and 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 street where said excavation 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. That permanent street right-of-ways are hereby condemned and taken for
public use for the location, construction, reconstruction, maintenance,
operation and repair of street, retaining wall, sewer, drainage and utility
improvements in and upon the lands hereinafter described.
The
permanent right-of-way shall be 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 road right-of-way for all lawful
purposes including but not limited to constructing, reconstructing,
maintaining, operating and repairing the roadways.
TRACT NO. 3 PERMANENT
STREET RIGHT-OF-WAY
A permanent street
right-of-way over, under, along and across the following described land:
The
westerly 43.33 feet of Block 4 (as measured at right angles to the westerly
line thereof) Coates and Hopkins 2nd Addition, a subdivision in Kansas City,
Jackson County, Missouri.
Except
that part taken for Bruce Forester Viaduct by the City of Kansas City, Missouri,
in Ordinance No. 10163 filed June 10, 1946.
TRACT NO. 4 PERMANENT
STREET RIGHT-OF-WAY
A permanent street
right-of-way over, under, upon and across the following described land:
All of
Block 3, Coates and Hopkins 2nd Addition, a subdivision in Kansas City, Jackson
County, Missouri.
Except
that part taken for Bruce Forester Viaduct by the City of Kansas City,
Missouri, in Ordinance No. 10163 filed June 10, 1946.
Section
8. 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
9. Just compensation for the private property to be condemned and taken for
permanent easements 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 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 street purposes and the damages or remuneration on account
of said grading thereof, shall be derived from funds now available or to be
made available.
Section
10. If any lands or easements as aforesaid shall be acquired by the Citys
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 from such condemnation
proceedings.
This
ordinance is recommended for passage by the Director of Public Works.
______________________________________________________
Approved: Approved:
___________________________ ___________________________
Stanley J. Harris, P.E. George
E. Wolf, Jr., P.E.
City Engineer Director
of Public Works
Approved
as to form and legality:
____________________________
Assistant
City Attorney