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Legislation #: 990731 Introduction Date: 5/20/1999
Type: Ordinance Effective Date: 6/13/1999
Sponsor: None
Title: 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.

Legislation History
DateMinutesDescription
5/20/1999

Prepare to Introduce

5/20/1999

Referred Operations Committee

5/26/1999

Do Pass

5/27/1999

Assigned to Third Read Calendar

6/3/1999

Passed


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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