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.
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Approved as to form and legality:
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Sarah Baxter
Assistant City Attorney