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Legislation #: 081182 Introduction Date: 11/20/2008
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER SKAGGS
Title: Repealing Ordinance No. 041020 that approved the plat of The Woods of Somerset and enacting a new ordinance approving the plat of The Woods of Somerset, an addition in Jackson County, Missouri; accepting various easements; establishing grades on public ways; accepting certain lands for park purposes forever, in accordance with Section 1004 of Article X of the Charter of Kansas City; authorizing the Director of Public Works and the Director of City Development to execute certain agreements; and authorizing the City Clerk to record this ordinance and attached agreement. 

Legislation History
DateMinutesDescription
11/20/2008 Filed by the Clerk's office
11/20/2008 Referred to Planning and Zoning Committee
12/3/2008 Hold On Agenda (12/10/2008)
12/10/2008 Hold On Agenda (12/17/2008)
12/17/2008 Do Pass as a Second Committee Substitute
12/18/2008 Assigned Third Read Calendar as Substituted
1/8/2009 Councilmember Sharp Move To Re-refer
1/8/2009 Re-Referred Planning and Zoning Committee
1/14/2009 Hold On Agenda (1/28/2009)
1/14/2009 Hold On Agenda (1/28/2009)
1/28/2009 Hold On Agenda (2/18/2009)
2/18/2009 Hold On Agenda (3/18/2009)
3/25/2009 Hold On Agenda (4/8/2009)
4/8/2009 Hold On Agenda (4/29/2009)
4/29/2009 Hold Off Agenda
1/19/2011 Release
2/10/2011 Released

View Attachments
FileTypeSizeDescription
The Woods of Somerset Fact.doc Fact Sheet 57K Fact Sheet
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=081182 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=081182

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THIRD COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 081182

 

Repealing Ordinance No. 041020 that approved the plat of The Woods of Somerset and enacting a new ordinance approving the plat of The Woods of Somerset, an addition in Jackson County, Missouri; accepting various easements; establishing grades on public ways; accepting certain lands for park purposes forever, in accordance with Section 1004 of Article X of the Charter of Kansas City; authorizing the Director of Public Works and the Director of City Development to execute certain agreements; and authorizing the City Clerk to record this ordinance and attached agreement. 

 

  WHEREAS, on November 30, 2006, the City Council passed Ordinance No. 041020 approving the plat of The Woods of Somerset; and

 

WHEREAS, Section 66-45(f) of the Code of Ordinances provides that if the plat has not been recorded within two years of the effective date of the Ordinance approving the plat, such approval shall become null and void; and

 

WHEREAS, the Ordinance approving the final plat of The Woods of Somerset became effective on December 10, 2006, and the plat must be recorded by December 10, 2008, or approval of the plat shall become null and void; and

 

WHEREAS, the developer of the property, Woods of Somerset, LLC, is currently involved in a dispute with two contractors that performed work for the development; and

 

WHEREAS, the contractors have filed mechanics liens against the property, including the right-of-way that is being dedicated to the City; and

 


WHEREAS, Section 66-44(b)(14) of the Code of Ordinances requires that all right-of-way dedicated to the City be free and clear of all liens and encumbrances; and

 

WHEREAS, Woods of Somerset, LLC, has sued the contractors to have the mechanics liens declared invalid; and

 

WHEREAS, the case is currently set for trial on August 3, 2009, in Jackson County Circuit Court; and

 

WHEREAS, the City Council now desires to repeal Ordinance No. 041020 and pass a new Ordinance that approves the plat in order to allow the developer an additional two years to resolve its dispute in court; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY: 

 

Section 1. That the plat of The Woods of Somerset, a subdivision in Jackson County, Missouri, a true and correct copy of which is attached hereto and incorporated herein by reference is hereby approved. 

 

Section 2. That all required permits be secured and that all work be initiated, as required by Development Services, prior to the issuance of the clearance memo for the plat to be recorded.

 

Section 3. That the plat granting and reserving unto Kansas City an easement and license or right to locate, construct, operate and maintain facilities including, but not limited to, water, gas, sewerage, telephone, cable TV, surface drainage, underground conduits, pad mounted transformers, service pedestals, any and all of them upon, over, under and along the strips of land outlined and designated on the plat by the words utility easement or U/E be and the same are hereby accepted and where other easements are outlined and designated on the plat for a particular purpose, be and the same are hereby accepted for the purpose as therein set out. 

 

Section 4. That the grades of the streets and other public ways set out on the plat, herein accepted, are hereby established at the top of curb, locating and defining the grade points which shall be connected by true planes or vertical curbs between such adjacent grade points, the elevations of which are therein given, in feet above the City Directrix. 

 

Section 5. That the lands heretofore designated and selected by the Board of Park and Recreation Commissioners as evidenced by their Resolution No. 27147 duly adopted on September 14, 2004 for public use for park purposes containing 0.873 acres more or less be and the same is hereby accepted for public use for park purposes and shall remain such forever in accordance with section 1004 of Article 10 of the Charter of Kansas City.

 

Section 6. That the Director of Public Works is hereby authorized to execute a Cooperative Street Agreement, to be in a form substantially as that attached hereto as Exhibit "A" and incorporated herein by reference.

 

Section 7. That the Director of City Development is hereby authorized to execute an Agreement to Maintain a Structural Wall on Wornall Road in Public-Right-of-Way to be in a form substantially as that attached hereto as Exhibit B and incorporated herein by reference.

 

Section 8. That the City Clerk is hereby directed to record copies of this ordinance, together with the Cooperative Street Agreement , in the Office of the Secretary of State of Missouri and in the Office of the Recorder of Deeds of Jackson County, Missouri together with all other relevant documents.

 

Section 9. That the Council finds that the City Plan Commission has duly endorsed its approval of this Ordinance hereon.

 

_____________________________________________

 

Approved as to form and legality:

 

 

_________________________________

Sarah Baxter

Assistant City Attorney