ORDINANCE NO. 110416

Declaring it necessary to change and reestablish the grades of, and the relocation, opening, establishing and dedicating of street right of way on N.E. 108th Street, all in Kansas City, Clay County, Missouri; and directing the City Clerk to cause a notice to be published as provided for herein.

WHEREAS, the Council finds that for the public good it is necessary that the grades on N.E. 108th Street from a point approximately 1001 feet east of the West Quarter Corner of Section 28-52-32 to a point approximately 1035 feet west of the East Line of Section 28-52-32, all in Kansas City, Clay County, Missouri, be changed and reestablished; and

WHEREAS, the Council further finds that for the public good it is necessary to relocate, open, establish and dedicate street right of way on N.E. 108th Street, all in Kansas City, Clay County, Missouri; and

WHEREAS, the Council further finds the Director of Public Works, as evidenced by his issuing a Declaration of Necessity, No. 5498, adopted and entered on May 19, 2011, has caused the plans and specifications for Project Number 87008301 – N.E. 108th Street to be prepared; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That finding it necessary to change and reestablish grades on N.E. 108th Street from a point approximately 1001 feet east of the West Quarter Corner of Section 28-52-32 to a point approximately 1035 feet west of the East Line of Section 28-52-32, all in Kansas City, Clay County, Missouri, the Council hereby directs that the City Clerk cause a notice of said grade changes to be published in the newspaper doing the City printing, on each day of issue of said newspaper for a period of ten (10) days (starting on or about June 13, 2011), and providing a period of thirty (30) days for remonstrance starting the same day as the first day of the publication of this ordinance.

Section 2. That said grade changes 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 Project Number 87008301 – N.E. 108th Street, the same being on file in the Office of the Director of Public Works and being incorporated herein by reference.

Section 3. That the width of the right of way of N.E. 108th Street from a point approximately 1001 feet east of the West Quarter Corner of Section 28-52-32 to a point approximately 1035 feet west of the East Line of Section 28-52-32, as shown on the plans described in Section 2 of this ordinance, are hereby relocated, opened, established and dedicated as shown on said plans.

Section 4. That the Council finds and declares it necessary to reestablish said grades on N.E. 108th Street from a point approximately 1001 feet east of the West Quarter Corner of Section 28-52-32 to a point approximately 1035 feet west of the East Line of Section 28-52-32, all in Kansas City, Clay County, Missouri; with the following described centerline of N.E. 108th Street, as follows, to wit:

Description of the relocated centerline of N.E. 108th Street, being over a portion of the Northwest, Southwest, Northeast and Southeast Quarters, all being in Section 28, Township 52 North, Range 32 West, in the City of Kansas City, Clay County, Missouri, and being more particularly described as follows:

Commencing at the West Quarter Corner, of said Section 28-52-32; thence South 89 degrees 04 minutes 39 seconds East, along the North line of the Southwest Quarter of said Section 28-52-32, and along the South line of the Northwest Quarter of said Section 28-52-32, a distance of 1,001.50 feet, to the Point of Beginning, said point also being Station 10+00.00 of the hereon described relocated centerline of N.E. 108th Street; thence continuing South 89 degrees 04 minutes 39 seconds East, along the North line of the Southwest Quarter of said Section 28-52-32, and along the South line of the Northwest Quarter of said Section 28-52-32, and along the relocated centerline of said N.E. 108th Street, a distance of 200.00 feet, to Station 12+00.00; thence North 88 degrees 37 minutes 55 seconds East, departing the North line of the Southwest Quarter of said Section 28-52-32 and the South line of the Northwest Quarter of said Section 28-52-32, and continuing along the relocated centerline of said N.E. 108th Street, a distance of 587.97 feet, to Station 17+87.97, said point being 23.50 feet North of the South line of the Northwest Quarter of said Section 28-52-32 as measured perpendicularly from said South line; thence South 89 degrees 04 minutes 39 seconds East, continuing along the relocated centerline of said N.E. 108th Street, and along a line that is 23.50 feet North of and parallel to the South line of the Northwest Quarter of said Section 28-52-32, a distance of 837.14 feet, to Station 26+25.11; thence South 89 degrees 04 minutes 47 seconds East, continuing along the relocated centerline of said N.E. 108th Street, and along a line that is 23.50 feet North of and parallel to the South line of the Northeast Quarter of said Section 28-52-32, a distance of 1,164.71 feet, to Station 37+89.82, said point also being a point of curvature; thence Easterly and Southeasterly, continuing along the relocated centerline of said N.E. 108th Street, and along a curve to the right, having a radius of 1,400.00 feet, and a central angle of 09 degrees 12 minutes 16 seconds, a distance of 224.91 feet, to Station 40+14.73, said point also being a point of reverse curvature; thence Southeasterly and Easterly, continuing along the relocated centerline of said N.E. 108th Street, and along a curve to the left, having a radius of 1,400.00 feet, and a central angle of 08 degrees 42 minutes 14 seconds, a distance of 212.67 feet, to Station 42+27.40, said point also being the point of termination of the herein described relocated centerline of said N.E. 108th Street.

Section 5. That the changing and reestablishing of grades on N.E. 108th Street from a point approximately 1001 feet east of the West Quarter Corner of Section 28-52-32 to a point approximately 1035 feet west of the East Line of Section 28-52-32, is hereby authorized to commence when this ordinance becomes effective, and shall be built in accordance with the plans and specifications as described in Section 2 of this ordinance; locating and defining the grade points of said streets on the proposed project centerline stationing of each respective right-of-way, as found on said plans, said grade points being connected by straight grades (tangents) or vertical curves between such grade points, the elevations of which are herein given below in feet (NAVD88 directrix), along with other pertinent alignment data, to-wit:

Section 6. That this ordinance shall become effective as provided in Section 88.917, RSMo.

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Approved as to form and legality:

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Brian T. Rabineau

Assistant City Attorney