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HomeMy Public PortalAbout12176O R D I N A N C E NO. 12176 AN ORDINANCE, declaring the necessity for the acquisition of easements and licenses in certain real property within The Metropolitan St. Louis Sewer District for the purpose of construction of sewers and related appurtenances in the project known as UR-06 Upper River des Peres Sanitary Relief Phase II (89170) to serve the needs of residents of the area, and authorizing the acquisition of said easements and licenses by purchase or by the institution of condemnation proceedings. WHEREAS, there exists within The Metropolitan St. Louis Sewer District an area of the County of St. Louis within the River des Peres Watershed wherein live and work numerous people; and WHEREAS, sewage gathered from such area will have no adequate means of disposition, and will constitute a menace to public health and welfare of the general public and the residents of The Metropolitan St. Louis Sewer District; and WHEREAS, it is the purpose and design of The Metropolitan St. Louis Sewer District to protect the public health and welfare by construction, reconstruction, maintenance or repair of sewers and related appurtenances on, over and across said area in order to relieve and alleviate these conditions; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. In order to protect the public health and relieve dangerous conditions, it is necessary to appropriate and acquire by the exercise of eminent domain or otherwise easements and licenses in real property for the construction of sewers and related appurtenances in the project known as UR-06 Upper River des Peres Sanitary Relief Phase II (89170) as hereinafter set forth, said easements and licenses being more particularly described below: UR-06 UPPER RIVER DES PERES SANITARY RELIEF PHASE II M.S.D. PROJECT NO. 89170 SCOTT BROTHERS INVESTMENT CORP. 16K-13-0452 A 10 foot and 15 foot wide PERMANENT SEWER EASEMENT across part of Lot 25 of Charles H. Giers Estate in Section 32, Township 46 North, Range 6 East and recorded in Plat Book 6 Page 3 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: COMMENCING at the intersection of the West right-of-way line of Woodson Road (80.00 feet wide) with the South line of property conveyed to Scott Brothers Investment Corporation by deed recorded in Book 10359 Page 1198 of the St. Louis County Records, said South line also being the North line of property conveyed to Woodson Road Development Corporation by deed recorded in Book 14437 Page 1174 of the St. Louis County Records; Thence North 42 degrees 42 minutes 02 seconds West, along the said West right-of-way line of Woodson Road, 40.14 feet to the POINT OF BEGINNING; Thence North 55 degrees 41 minutes 56 seconds West 35.00 feet to a point; Thence South 80 degrees 56 minutes 09 seconds West 171.09 feet to a point; Thence South 02 degrees 32 minutes 13 seconds West 49.70 feet to a point; Thence South 89 degrees 49 minutes 11 seconds West, along the South line of said property conveyed to Scott Brothers Investment Corporation, 10.01 feet to a point; Thence North 02 degrees 32 minutes 13 seconds East 48.12 feet to a point; Thence South 80 degrees 56 minutes 09 seconds West 197.91 feet to a point; Thence South 89 degrees 49 minutes 11 seconds West 201.94 feet to a point; Thence South 42 degrees 22 minutes 02 seconds West 23.75 feet to a point; Thence South 89 degrees 49 minutes 11 seconds West, along the said South line, 13.57 feet to a point; Thence North 42 degrees 22 minutes 02 seconds East 24.30 feet to a point of curvature; Thence 62.74 feet along a curve to the right having a radius of 132.50 feet and a chord bearing of North 72 degrees 09 minutes 19 seconds West to a point; Thence North 58 degrees 35 minutes 24 seconds West 129.44 feet to a point of curvature; Thence 57.12 feet along a curve to the left having a radius of 117.50 feet and a chord bearing of North 72 degrees 31 minutes 03 seconds West to a point; Thence North 86 degrees 26 minutes 42 seconds West 71.46 feet to a point; Thence North 08 degrees 18 minutes 03 seconds West, along the west line of said property conveyed to Scott Brothers Investment Corporation, 15.33 feet to a point; Thence South 86 degrees 26 minutes 42 seconds East 74.61 feet to a point of curvature; Thence 64.42 feet along a curve to the right having a radius of 132.50 feet and a chord bears of South 72 degrees 31 minutes 03 seconds East to a point; Thence South 58 degrees 35 minutes 24 seconds East 129.44 feet to a point of curvature; Thence 64.78 feet along a curve to the left having a radius of 117.50 feet and a chord bearing of South 74 degrees 23 minutes 06 seconds East to a point; Thence North 89 degrees 49 minutes 11 seconds East 203.68 feet to a point; Thence North 80 degrees 56 minutes 09 seconds East 377.52 feet to a point; Thence South 42 degrees 42 minutes 02 seconds East, along the said West right-of-way line of Woodson Road, 46.88 feet to the POINT OF BEGINNING. Also, four (4) TEMPORARY CONSTRUCTION LICENSES for use during the construction of any sewer in the above described permanent sewer easement, said temporary construction licenses being more particularly described as follows: FOUR TEMPORARY CONSTRUCTION LICENSES across part of Lot 25 of Charles H. Giers Estate in Section 32, Township 46 North, Range 6 East and recorded in Plat Book 6 Page 3 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: TEMPORARY CONSTRUCTION LICENSE NO.1 BEGINNING at the intersection of the West right-of-way line of Woodson Road (80.00 feet wide) with the South line of property conveyed to Scott Brothers Investment Corporation by deed recorded in Book 10359 Page 1198, of the St. Louis County Records, said South line also being the North line of property conveyed to Woodson Road Development Corporation by deed recorded in Book 14437 Page 1174 of the St. Louis County Records; Thence South 82 degrees 24 minutes 49 seconds West, along said South property line conveyed to Scott Brothers Investment Corporation, 16.43 feet to a point; Thence North 55 degrees 41 minutes 56 seconds West 53.92 feet to a point; Thence South 80 degrees 56 minutes 09 seconds West 146.83 feet to a point; Thence South 02 degrees 32 minutes 13 seconds West 32.44 feet to a point; Thence South 89 degrees 49 minutes 11 seconds West, along said South property line conveyed to Scott Brothers Investment Corporation, 20.02 feet to a point; Thence North 02 degrees 32 minutes 13 seconds East 49.70 feet to a point; Thence North 80 degrees 56 minutes 09 seconds East 171.09 feet to a point; Thence South 55 degrees 41 minutes 56 seconds East 35.00 feet to a point; Thence South 42 degrees 42 minutes 02 seconds East, along the said West right-of-way line of Woodson Road, 40.14 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION LICENSE NO.2 BEGINNING at the intersection of the West right-of-way line of Woodson Road (80.00 feet wide) with the South line of property conveyed to Scott Brothers Investment Corporation by deed recorded in Book 10359 Page 1198, of the St. Louis County Records, said South line also being the North line of property conveyed to Woodson Road Development Corporation by deed recorded in Book 14437 Page 1174 of the St. Louis County Records; Thence South 82 degrees 24 minutes 49 seconds West, along said South property line conveyed to Scott Brothers Investment Corporation, 206.88 feet to a point; Thence South 89 degrees 49 minutes 11 seconds West, along said South line, 32.23 feet to the POINT OF BEGINNING; Thence South 89 degrees 49 minutes 11 seconds West, continuing along said South line, 20.02 feet to a point; Thence North 02 degrees 32 minutes 13 seconds East 24.54 feet to a point; Thence South 80 degrees 56 minutes 09 seconds West 158.75 feet to a point; Thence South 89 degrees 49 minutes 11 seconds West, along said South line, 235.55 feet to a point; Thence North 42 degrees 22 minutes 02 seconds East 23.75 feet to a point; Thence North 89 degrees 49 minutes 11 seconds East 201.94 feet to a point; Thence North 80 degrees 56 minutes 09 seconds East 197.91 feet to a point; Thence South 02 degrees 32 minutes 13 seconds West 48.12 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION LICENSE NO.3 BEGINNING at the intersection of the West right-of-way line of Woodson Road (80.00 feet wide) with the South line of property conveyed to Scott Brothers Investment Corporation by deed recorded in Book 10359 Page 1198, of the St. Louis County Records, said South line also being the North line of property conveyed to Woodson Road Development Corporation by deed recorded in Book 14437 Page 1174 of the St. Louis County Records; Thence South 82 degrees 24 minutes 49 seconds West, along said South property line conveyed to Scott Brothers Investment Corporation, 206.88 feet to a point; Thence South 89 degrees 49 minutes 11 seconds West, along said South line, 457.06 feet to the POINT OF BEGINNING; Thence South 89 degrees 49 minutes 11 seconds West, continuing along said South line, 27.15 feet to a point; Thence North 42 degrees 22 minutes 02 seconds East 7.50 feet to a point of curvature; Thence 34.40 feet along a curve to the right having a radius of 152.50 feet and a chord bearing of North 65 degrees 03 minutes 04 seconds West to a point; Thence North 58 degrees 35 minutes 24 seconds West 44.58 feet to a point; Thence North 00 degrees 10 minutes 49 seconds West 6.64 feet to a point; Thence North 69 degrees 51 minutes 40 seconds West, along said South property line conveyed to Scott Brothers Investment Corporation, 28.92 feet to a point; Thence North 58 degrees 35 minutes 24 seconds West 53.01 feet to a point of curvature; Thence 47.40 feet along a curve to the left having a radius of 97.50 feet and a chord bears of North 72 degrees 31 minutes 03 seconds West to a point; Thence North 86 degrees 26 minutes 42 seconds West 28.68 feet to a point; Thence North 69 degrees 51 minutes 40 seconds West, along said South property line conveyed to Parkedge Corporation, 42.94 feet to a point; Thence North 08 degrees 18 minutes 03 seconds West, along the West line of said property conveyed to Scott Brothers Investment Corporation, 7.91 feet to a point; Thence South 86 degrees 26 minutes 42 seconds East 71.46 feet to a point of curvature; Thence 57.12 feet along a curve to the right having a radius of 117.50 feet and a chord bearing of South 72 degrees 31 minutes 03 seconds West to a point; Thence South 58 degrees 35 minutes 24 seconds East 129.44 feet to a point of curvature; Thence 62.74 feet along a curve to the left having a radius of 132.50 feet and a chord bearing of South 72 degrees 09 minutes 19 seconds East to a point; Thence South 42 degrees 22 minutes 02 seconds West 24.30 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION LICENSE NO.4 COMMENCING at the intersection of the West right-of-way line of Woodson Road (80.00 feet wide) with the South line of property conveyed to Scott Brothers Investment Corporation by deed recorded in Book 10359 Page 1198, of the St. Louis County Records, said South line also being the North line of property conveyed to Woodson Road Development Corporation by deed recorded in Book 14437 Page 1174 of the St. Louis County Records; Thence North 42 degrees 42 minutes 02 seconds West, along the said West right-of-way line of Woodson Road, 87.02 feet to the POINT OF BEGINNING; Thence South 80 degrees 56 minutes 09 seconds West 377.52 feet to a point; Thence South 89 degrees 49 minutes 11 seconds West 203.68 feet to a point of curvature; Thence 64.78 feet along a curve to the right having a radius of 117.50 feet and a chord bearing of North 74 degrees 23 minutes 06 seconds West to a point; Thence North 58 degrees 35 minutes 24 seconds West 129.44 feet to a point of curvature; Thence 64.42 feet along a curve to the left having a radius of 132.50 feet and a chord bearing of North 72 degrees 31 minutes 03 seconds West to a point; Thence North 86 degrees 26 minutes 42 seconds West 74.61 feet to a point; Thence North 08 degrees 18 minutes 03 seconds West, along the west line of said property conveyed to Scott Brothers Investment Corporation, 20.44 feet to a point; Thence South 86 degrees 26 minutes 42 seconds East 78.81 feet to a point of curvature; Thence 74.14 feet along a curve to the right having a radius of 152.50 feet and a chord bearing of South 72 degrees 31 minutes 03 seconds East to a point; Thence South 58 degrees 35 minutes 24 seconds East 129.44 feet to a point of curvature; Thence 53.76 feet along a curve to the left having a radius of 97.50 feet and a chord bearing of South 74 degrees 23 minutes 06 seconds East to a point; Thence North 89 degrees 49 minutes 11 seconds East 202.12 feet to a point; Thence North 80 degrees 56 minutes 09 seconds East 362.66 feet to a point; Thence South 42 degrees 42 minutes 02 seconds East, along the said West right-of-way line of Woodson Road, 24.02 feet to the POINT OF BEGINNING. UR-06 UPPER RIVER DES PERES SANITARY RELIEF PHASE II M.S.D. PROJECT NO. 89170 CUPPLES RUBBER COMPANY 16L-61-0085 TWO PERMANENT SEWER EASEMENT across part of Shares 1 of the Partition of James T. Walton’s Estate in U.S. Survey 2966, Township 46 North, Range 6 East as recorded in Plat Book 6 Page 54 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: PERMANENT SEWER EASEMENT NO. 1 COMMENCING at the intersection of the East right-of-way line of Price (60.00 foot wide) Road with the South line of West Meridian, a subdivision recorded in Plat Book 22 Page 29 of the St. Louis County Records; Thence North 84 degrees 55 minutes 22 seconds East, along said South line, 476.25 feet to the POINT OF BEGINNING; Thence continuing along said South line North 84 degrees 55 minutes 22 seconds East 13.23 feet to a point; Thence South 06 degrees 47 minutes 50 seconds West 25.55 feet to a point; Thence South 84 degrees 55 minutes 22 seconds West 14.71 feet to a point; Thence North 09 degrees 59 minutes 34 seconds East 25.89 feet to the POINT OF BEGINNING. PERMANENT SEWER EASEMENT NO. 2 COMMENCING at the intersection of the East right-of-way line of Price (60.00 foot wide) Road with the South line of West Meridian, a subdivision recorded in Plat Book 22 Page 29 of the St. Louis County Records; Thence North 84 degrees 55 minutes 22 seconds East, along said South line, 522.53 feet to a point; Thence South 05 degrees 03 minutes 10 seconds East 128.37 feet to a point of curvature, on the North line of the St. Louis Southwestern Railroad, (formerly the Chicago, Rock Island and Pacific Railroad) right-of-way; Thence 45.30 feet along said North line also being a curve to the left having a radius of 7959.33 feet and a chord bearing of South 82 degrees 28 minutes 19 seconds West to the POINT OF BEGINNING; Thence continuing along said North line 15.61 feet along a curve to the left having a radius of 7959.33 feet and a chord bearing of South 82 degrees 15 minutes 10 seconds West to a point; Thence North 23 degrees 48 minutes 20 seconds West 1.43 feet to a point; Thence North 10 degrees 00 minutes 51 seconds West 56.00 feet to a point; Thence North 09 degrees 59 minutes 34 seconds East 1.95 feet to a point; Thence North 84 degrees 55 minutes 22 seconds East 15.53 feet to a point; Thence South 09 degrees 59 minutes 34 seconds West 3.34 feet to a point; Thence South 10 degrees 00 minutes 51 seconds East 51.54 feet to a point; Thence South 23 degrees 48 minutes 20 seconds East 3.93 feet to the POINT OF BEGINNING. Also, three (3) TEMPORARY CONSTRUCTION LICENSES for use during the construction of any sewer in the above described permanent sewer easement, said temporary construction licenses being more particularly described as follows: Three 15 foot wide TEMPORARY CONSTRUCTION LICENSE across part of Shares 1 of the Partition of James T. Walton’s Estate in U.S. Survey 2966, Township 46 North, Range 6 East as recorded in Plat Book 6 Page 54 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: TEMPORARY CONSTRUCTION LICENSE NO. 1 COMMENCING at the intersection of the East right-of-way line of Price (60.00 foot wide) Road with the South line of West Meridian, a subdivision recorded in Plat Book 22 Page 29 of the St. Louis County Records; Thence North 84 degrees 55 minutes 22 seconds East, along said South line, 522.53 feet to a point; Thence South 05 degrees 03 minutes 10 seconds East 128.37 feet to a point of curvature, on the North line of the St. Louis Southwestern Railroad (formerly the Chicago, Rock Island and Pacific Railroad) right-of-way; Thence 60.91 feet along said North line also being a curve to the left having a radius of 7959.33 feet and a chord bearing of South 82 degrees 24 minutes 57 seconds West to the POINT OF BEGINNING; Thence continuing along said North line 15.35 feet along a curve to the left having a radius of 7959.33 feet and a chord bearing of South 82 degrees 08 minutes 29 seconds West to a point; Thence North 10 degrees 00 minutes 51 seconds West 59.46 feet to a point; Thence North 09 degrees 59 minutes 34 seconds East 0.56 feet to a point; Thence North 84 degrees 55 minutes 22 seconds East 15.53 feet to a point; Thence South 09 degrees 59 minutes 34 seconds West 1.95 feet to a point; Thence South 10 degrees 00 minutes 51 seconds East 56.00 feet to a point; Thence South 23 degrees 48 minutes 20 seconds East 1.43 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION LICENSE NO. 2 COMMENCING at the intersection of the East right-of-way line of Price (60.00 foot wide) Road with the South line of West Meridian, a subdivision recorded in Plat Book 22 Page 29 of the St. Louis County Records; Thence North 84 degrees 55 minutes 22 seconds East, along said South line, 522.53 feet to a point; Thence South 05 degrees 03 minutes 10 seconds East 128.37 feet to a point of curvature, on the North line of the St Louis Southwestern Railroad (formerly the Chicago, Rock Island and Pacific Railroad) right-of-way; Thence 29.68 feet along said North line also being a curve to the left having a radius of 7959.33 feet and a chord bearing of South 82 degrees 31 minutes 42 seconds West to the POINT OF BEGINNING; Thence continuing along said North line 15.62 feet along a curve to the left having a radius of 7959.33 feet and a chord bearing of South 82 degrees 21 minutes 55 seconds West to a point; Thence North 23 degrees 48 minutes 20 seconds West 3.93 feet to a point; Thence North 10 degrees 00 minutes 51 seconds West 51.54 feet to a point; Thence North 09 degrees 59 minutes 34 seconds East 3.34 feet to a point; Thence North 84 degrees 55 minutes 22 seconds East 5.05 feet to a point; Thence South 38 degrees 48 minutes 06 seconds West 18.33 feet to a point; Thence South 10 degrees 00 minutes 51 seconds East 36.36 feet to a point; Thence South 23 degrees 48 minutes 20 seconds East 6.47 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION LICENSE NO. 3 COMMENCING at the intersection of the East right-of-way line of Price (60.00 foot wide) Road with the South line of West Meridian, a subdivision recorded in Plat Book 22 Page 29 of the St. Louis County Records; Thence North 84 degrees 55 minutes 22 seconds East, along said South line, 460.71 feet to the POINT OF BEGINNING; Thence continuing along said South line North 84 degrees 55 minutes 22 seconds East 15.53 feet to a point; Thence South 09 degrees 59 minutes 34 seconds West 25.89 feet to a point; Thence South 84 degrees 55 minutes 22 seconds West 15.53 feet to a point; Thence North 09 degrees 59 minutes 34 seconds East 25.89 feet to the POINT OF BEGINNING. Section Two. Counsel for The Metropolitan St. Louis Sewer District be and is hereby authorized to enter into contracts to acquire by purchase if possible, or to institute and prosecute an action in condemnation pursuant to the provisions of the Charter of The Metropolitan St. Louis Sewer District and the laws of the State of Missouri for the appropriation of private property rights as hereinabove set out. The foregoing Ordinance was adopted March 9, 2006.