ORDINANCE NO. 100360

Declaring it necessary to change and re-establish the grades of, and the relocation, opening, establishing and dedicating of Street Right of Way on NW Barry Road, all in Kansas City, Platte 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 Northwest Barry Road from Chariton Avenue to Potomac Avenue, all in Kansas City, Platte County, Missouri, be changed and re-established; 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 Northwest Barry Road from Chariton Avenue to Potomac Avenue, all in Kansas City, Platte County, Missouri; and

WHEREAS, the Council further finds the Director of Public Works, as evidenced by his issuing a Declaration of Necessity, No. 5490, adopted and entered on April 20th, 2010, has caused the plans and specifications for Project Number 89008078 – NW Barry Road – Chariton to Potomac to be prepared; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That finding it necessary to change and re-establish grades on Northwest Barry Road from Chariton Avenue to Potomac Avenue, all in Kansas City, Platte 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 May 7, 2010), 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 89008078 – NW Barry Road – Chariton to Potomac, 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 Northwest Barry Road from Chariton Avenue to Potomac Avenue, 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 establish said grades on Northwest Barry Road from Chariton Avenue to Potomac Avenue, all in Kansas City, Platte County, Missouri; with the following described centerline of Northwest Barry Road, as follows, to wit:

A centerline in Sections 10 and 11, all in Township 51 North, Range 34 West of the 5th Principal Meridian in Kansas City, Clay County, Missouri, being described as follows:

Commencing at the Southwest corner of the Northwest Quarter of Section 10 said point being the Point of Beginning of the centerline to be herein described with beginning station 265+17.17; thence South 89°49'17" East, a distance of 2612.73 feet; thence South 89°45'00" East, a distance of 2611.82 feet; thence South 89°05'09" East, a distance of 1293.64 feet; thence Easterly, along a curve to the left, being tangent to the last described course, with a radius of 7639.44 feet, a central angle of 2°59'14" and an arc distance of 398.28 feet; thence Easterly, along a curve to the right, having a back tangent North 87°55'37" East, with a radius of 7639.44 feet, a central angle of 2°58'53" and an arc distance of 397.53 feet to the Point of Termination.

Section 5. That the changing and re-establishing of grades on Northwest Barry Road from Chariton Avenue to Potomac Avenue, 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