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HomeMy Public PortalAbout12416O R D I N A N C E NO. 12416 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 CSO Dromara Drive Sewer Separation (2003096) 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 Black Creek 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 CSO Dromara Drive Sewer Separation (2003096) as hereinafter set forth, said easements and licenses being more particularly described below: CSO - DROMARA DRIVE SEWER SEPARATION M.S.D. Project No. 2003096 Rebekah Bradshaw 19K420284 A TEMPORARY CONSTRUCTION LICENSE being part of Lot 25 of Resubdivision of Lot 21 to 26 Inclusive of Tanglewood Plat No. 2 in St. Louis County, Missouri, as recorded in Plat Book 59, Page 73 of St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: COMMENCING at the northeast corner of said Lot 25; THENCE South 02 degrees 16 minutes 59 seconds West, along the east line of said Lot 25, said east line also being the west right-of-way line of Louwen (40.00 foot wide) Drive, a distance of 5.00 feet to a point, said point being the intersection of said east line of Lot 25 and the south line of an existing 5.00 foot wide easement as recorded on said Resubdivision of Lot 21 to 26 Inclusive of Tanglewood Plat No. 2, said point also being the POINT OF BEGINNING of the herein described Temporary Construction License; THENCE South 02 degrees 16 minutes 59 seconds West, along said east line of Lot 25, a distance of 6.70 feet to a point; THENCE North 85 degrees 53 minutes 54 seconds West a distance of 73.82 feet to a point; THENCE South 02 degrees 07 minutes 22 seconds West a distance of 8.31 feet to a point; THENCE North 85 degrees 53 minutes 54 seconds West a distance of 63.24 feet to a point, said point being on the east line of an existing 20.00 foot wide easement as recorded on the said Resubdivision of Lot 21 to 26 Inclusive of Tanglewood Plat No. 2; THENCE North 00 degrees 43 minutes 35 seconds East, along said east line of an existing 20.00 foot wide easement, a distance of 15.03 feet to a point, said point being the intersection of said east line of an existing 20.00 foot wide easement and south line of said existing 10.00 foot wide easement; THENCE South 85 degrees 53 minutes 54 seconds East, along said south line of existing 10.00 foot wide easement, a distance of 137.45 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION LICENSE will become null and void upon completion of the above described construction. CSO - DROMARA DRIVE SEWER SEPARATION M.S.D. Project No. 2003096 Stephen F. & Ann D. Desloge 19K420295 A SEWER EASEMENT across part of abandoned United Railways Right of Way (50 feet wide) as recorded in Deed Book 2536, Page 564, abutting and lying north of Lots 20 and 21 of Clayton Valley in St. Louis County, Missouri, as recorded in Plat Book 23, Page 11 of the St. Louis County, Missouri Recorder’s Office; being more particularly described as follows: BEGINNING at the northeast corner of said Lot 21; THENCE North 82 degrees 06 minutes 41 seconds West, along the north line of said Lots 20 and 21 a distance of 113.02 feet to the northwest corner of said Lot 20; THENCE North 07 degrees 53 minutes 19 seconds East, along the northern prolongation of the west line of said Lot 20 a distance of 22.65 feet to a point; THENCE South 80 degrees 17 minutes 52 seconds East a distance of 110.67 feet to a point, said point being on the northern prolongation of the east line of said Lot 21; THENCE South 00 degrees 43 minutes 35 seconds West, along said northern prolongation of the east line of Lot 21, said east line also being the west line of Lot 26 of Resubdivision of Lot 21 To 26 Inclusive Of Tanglewood Plat No. 2 as recorded in Plat Book 59, Page 73 of the St. Louis County, Missouri Recorder’s Office a distance of 19.30 feet to the POINT OF BEGINNING. Also, a TEMPORARY CONSTRUCTION LICENSE for use during the construction of any sewer in above described sewer easement, said temporary construction license being more particularly described as follows: COMMENCING at the northeast corner of said Lot 21; THENCE North 00 degrees 43 minutes 35 seconds East, along the northern prolongation of the east line of said Lot 21, said east line also being the west line of Lot 26 of Resubdivision of Lot 21 To 26 Inclusive Of Tanglewood Plat No. 2 as recorded in Plat Book 59, Page 73 of the St. Louis County, Missouri Recorder’s Office a distance of 19.30 feet to a point, said point being on the north line of above described sewer easement; said point also being the POINT OF BEGINNING of the herein described Temporary Construction License; THENCE North 80 degrees 17 minutes 52 seconds West, along the said north line of above described sewer easement, a distance of 110.67 feet to a point, said point being on the northern prolongation of the west line of Lot 20; THENCE North 07 degrees 53 minutes 19 seconds East, along said northern prolongation of the west line of Lot 20, a distance of 15.01 feet to a point; THENCE South 80 degrees 17 minutes 52 seconds East a distance of 108.78 feet to a point, said point being on the said northern prolongation of the east line of Lot 21; THENCE South 00 degrees 43 minutes 35 seconds West, along said northern prolongation of the east line of Lot 21 a distance of 15.19 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION LICENSE will become null and void upon completion of the above described sewer construction. CSO - DROMARA DRIVE SEWER SEPARATION M.S.D. Project No. 2003096 Alexander M. III & Ellen D. Cornwell 19K420305 A SEWER EASEMENT being part of the abandoned United Railways Right of Way (50 feet wide) as recorded in Deed Book 2536, Page 564, abutting and lying north of Lot 19 and the east 30.00 feet of Lot 18 of Clayton Valley in St. Louis County, Missouri, as recorded in Plat Book 23, Page 11 of the St. Louis County, Missouri Recorder’s Office; being more particularly described as follows: BEGINNING at the northeast corner of said Lot 19; THENCE North 82 degrees 06 minutes 41 seconds West, along the north line of said Lot 19 and the east 30.00 feet of Lot 18 a distance of 90.00 feet to a point; THENCE North 07 degrees 53 minutes 19 seconds East, along the northern prolongation of the west line of said east 30.00 feet of Lot 18 a distance of 25.00 feet to a point, said point being the intersection of said northern prolongation of the west line of the east 30.00 feet of Lot 18 and the centerline of said abandoned United Railways Right of Way (50 feet wide); THENCE South 82 degrees 06 minutes 41 seconds East, along said centerline of abandoned United Railways Right of Way a distance of 90.00 feet to a point, said point being the intersection of said centerline and northern prolongation of the east line of said Lot 19; THENCE South 07 degrees 53 minutes 19 seconds West, along said northern prolongation of the east line of Lot 19 a distance of 25.00 feet to the POINT OF BEGINNING. CSO - DROMARA DRIVE SEWER SEPARATION M.S.D. Project No. 2003096 Clark & Wendy Wolfsberger 19K420316 A SEWER EASEMENT being part of the abandoned United Railways Right of Way (50 feet wide) as recorded in Deed Book 2536, Page 564, abutting and lying north of Lot 17 and the west 30.00 feet of Lot 18 of Clayton Valley in St. Louis County, Missouri, as recorded in Plat Book 23, Page 11 of the St. Louis County, Missouri Recorder’s Office; being more particularly described as follows: COMMENCING at the northwest corner of said Lot 18; THENCE South 82 degrees 06 minutes 41 seconds East, along the north line of said Lot 18 a distance of 25.00 feet to the POINT OF BEGINNING of the herein described Sewer Easement; THENCE North 07 degrees 53 minutes 19 seconds East a distance of 25.00 feet to a point, said point being on the centerline of said abandoned United Railways Right of Way (50 feet wide); THENCE South 82 degrees 06 minutes 41 seconds East, along said centerline of abandoned United Railways Right of Way a distance of 5.00 feet to a point, said point being the intersection of said centerline of the abandoned United Railways Right of Way and the northern prolongation of the east line of the west 30.00 feet of said Lot 18; THENCE South 07 degrees 53 minutes 19 seconds West, along said northern prolongation of the east line of the west 30.00 feet of Lot 18 a distance of 25.00 feet to a point; THENCE North 82 degrees 06 minutes 41 seconds West, along the north line of said Lot 18 a distance of 5.00 feet to the POINT OF BEGINNING. CSO - DROMARA DRIVE SEWER SEPARATION M.S.D. Project No. 2003096 Barbara S. Demerath 19K420383 A SEWER EASEMENT being part of Lot 26 of Resubdivision of Lot 21 to 26 Inclusive of Tanglewood Plat No. 2 of St. Louis County, Missouri, as recorded in Plat Book 59, Page 73 of the St. Louis County, Missouri Recorder’s Office; being more particularly described as follows: BEGINNING at the southeast corner of said Lot 26; THENCE North 85 degrees 53 minutes 54 seconds West, along the south line of said Lot 26 a distance of 137.58 feet to a point, said point being the intersection of said south line of Lot 26 and the east line of an existing 20.00 foot wide easement as recorded on said Resubdivision of Lot 21 to 26 Inclusive of Tanglewood Plat No. 2; THENCE North 00 degrees 43 minutes 35 seconds East, along said east line of an existing 20.00 foot wide easement a distance of 16.47 feet to a point; THENCE South 82 degrees 10 minutes 48 seconds East a distance of 118.65 feet to a point; THENCE North 75 degrees 04 minutes 02 seconds East a distance of 20.80 feet to a point; THENCE South 02 degrees 16 minutes 59 seconds West, along said east line of Lot 26, said east line also being the west right-of-way line of Louwen (40.00 foot wide) Drive a distance of 15.54 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easement recorded in Plat Book 59, Page 73 of said recorder’s office. Also, two (2) TEMPORARY CONSTRUCTION LICENSES for use during the construction of any sewer in the above described sewer easement, said temporary construction licenses being more particularly described as follows: TEMPORARY CONSTRUCTION LICENSE NO.1 COMMENCING at the southeast corner of said Lot 26; THENCE North 02 degrees 16 minutes 59 seconds East, along the east line of said Lot 26, said east line also being the west right-of-way line of Louwen (40.00 foot wide) Drive a distance of 15.54 feet to the POINT OF BEGINNING of the herein described Temporary Construction License No. 1; THENCE South 75 degrees 04 minutes 02 seconds West, along the north line of above described sewer easement a distance of 20.80 feet to a point; THENCE North 82 degrees 10 minutes 48 seconds West, along said north line a distance of 19.04 feet to a point; THENCE North 02 degrees 16 minutes 56 seconds East a distance of 13.97 feet to a point; THENCE South 86 degrees 45 minutes 36 seconds East a distance of 38.82 feet to a point on said east line of Lot 26 ; THENCE South 02 degrees 16 minutes 59 seconds West, along said east line of Lot 26, a distance of 9.00 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION LICENE NO. 2 COMMENCING at the southeast corner of said Lot 26; THENCE North 85 degrees 53 minutes 54 seconds West, along the south line of said Lot 26 a distance of 137.58 feet to a point, said point being the intersection of said south line of Lot 26 and the east line of an existing 20.00 foot wide easement as recorded on said Resubdivision of Lot 21 to 26 Inclusive of Tanglewood Plat No. 2; THENCE North 00 degrees 43 minutes 35 seconds East, along said east line of an existing 20.00 foot wide easement a distance of 16.47 feet to a point, said point being on the north line of above described sewer easement, said point also being the POINT OF BEGINNING of the herein described Temporary Construction License No. 2; THENCE North 00 degrees 43 minutes 35 seconds East, along said east line of an existing 20.00 foot wide easement a distance of 52.83 feet to a point; THENCE South 89 degrees 16 minutes 25 seconds East a distance of 5.00 feet to a point; THENCE South 00 degrees 43 minutes 35 seconds West a distance of 48.42 feet to a point; THENCE South 82 degrees 10 minutes 48 seconds East a distance of 63.02 feet to a point; THENCE South 00 degrees 56 minutes 30 seconds West a distance of 5.04 feet to a point, said point being on the said north line of above described sewer easement; THENCE North 82 degrees 10 minutes 48 seconds West, along said north line of above described sewer easement a distance of 68.04 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION LICENSE NO.1 and NO. 2 will become null and void upon completion of the above-described construction. CSO - DROMARA DRIVE SEWER SEPARATION M.S.D. Project No. 2003096 H. Gershenson Jr. 19K420394 A 10.00 FOOT WIDE SEWER EASEMENT being part of Lot 67 of Tanglewood Plat No. 3 in St. Louis County, Missouri, as recorded in Plat Book 65, Page 46 of the St. Louis County, Missouri Recorder’s Office; being more particularly described as follows: COMMENCING at the southeast corner of said Lot 67; THENCE North 82 degrees 09 minutes 46 seconds West, along the south line of said Lot 67, said south line also being the north right-of-way line of Wenlow (40.00 foot wide) Drive, a distance of 38.65 feet to the POINT OF BEGINNING of the herein described 10.00 foot wide Sewer Easement; THENCE North 82 degrees 09 minutes 46 seconds West, along said south line of Lot 67, a distance of 10.01 feet to a point; THENCE North 10 degrees 28 minutes 48 seconds East a distance of 49.94 feet to a point; THENCE South 79 degrees 31 minutes 12 seconds East a distance of 33.82 feet to a point being on the west line of an existing 10.00 foot wide easement as recorded in Deed Book 1420, Page 423 and Plat Book 31, Page 44 of the St. Louis County, Missouri Recorder’s Office; THENCE South 14 degrees 00 minutes 22 seconds East, along said west line of an existing 10.00 foot wide easement, a distance of 10.37 feet to a point, said point being an angle point on the said west line of an existing 10.00 foot wide easement; THENCE South 09 degrees 43 minutes 53 seconds West, along said west line of an existing 10.00 foot wide easement, a distance of 0.57 feet to a point; THENCE North 79 degrees 31 minutes 12 seconds West a distance of 28.12 feet to a point; THENCE South 10 degrees 28 minutes 48 seconds West a distance of 39.48 feet to the POINT OF BEGINNING. Also, two (2) TEMPORARY CONSTRUCTION LICENSES for use during the construction of any sewer in the above described sewer easement, said temporary construction licenses being more particularly described as follows: TEMPORARY CONSTRUCTION LICENSE NO.1 COMMENCING at the southeast corner of said Lot 67; THENCE North 82 degrees 09 minutes 46 seconds West, along the south line of said Lot 67, said south line also being the north right-of-way line of Wenlow (40.00 foot wide) Drive, a distance of 48.67 feet to the POINT OF BEGINNING of the herein described TEMPORARY CONSTRUCTION LICENSES NO. 1; THENCE North 82 degrees 09 minutes 46 seconds West, along said south line of Lot 67, a distance of 32.03 feet to a point; THENCE North 10 degrees 28 minutes 48 seconds East a distance of 41.41 feet to a point; THENCE South 79 degrees 31 minutes 12 seconds East a distance of 18.00 feet to a point; THENCE North 10 degrees 28 minutes 48 seconds East a distance of 24.00 feet to a point; THENCE South 79 degrees 31 minutes 12 seconds East a distance of 41.44 feet to a point on the west line of an existing 10.00 foot wide easement as recorded in Deed Book 1420, Page 423 and Plat Book 31, Page 44 of the St. Louis County, Missouri Recorder’s Office; THENCE South 14 degrees 00 minutes 22 seconds East, along said west line of an existing 10.00 foot wide easement, a distance of 15.38 feet to a point; THENCE North 79 degrees 31 minutes 12 seconds West, along the north line of said described 10.00 foot wide sewer easement, a distance of 33.82 feet to a point; THENCE South 10 degrees 28 minutes 48 seconds West, along the west line of said described 10.00 foot wide sewer easement, distance of 49.94 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION LICENSE NO.2 COMMENCING at the southeast corner of said Lot 67; THENCE North 82 degrees 09 minutes 46 seconds West, along the south line of said Lot 67, said south line also being the north right-of-way line of Wenlow (40.00 foot wide) Drive, a distance of 33.65 feet to the POINT OF BEGINNING of the herein described TEMPORARY CONSTRUCTION LICENSES NO. 2; THENCE North 82 degrees 09 minutes 46 seconds West, along said south line of Lot 67, a distance of 5.01 feet to a point; THENCE North 10 degrees 28 minutes 48 seconds East, along the east line of above described 10.00 foot wide sewer easement, a distance of 39.48 feet to a point; THENCE South 79 degrees 31 minutes 12 seconds East, along the south line of said described 10.00 foot wide sewer easement, a distance of 28.12 feet to a point, on the west line of an existing 10.00 foot wide easement as recorded in Deed Book 1420, Page 423 and Plat Book 31, Page 44; THENCE South 09 degrees 43 minutes 53 seconds West, along said west line of an existing 10.00 foot wide easement, a distance of 14.00 feet to a point; THENCE North 79 degrees 31 minutes 12 seconds West a distance of 23.30 feet to a point; THENCE South 10 degrees 28 minutes 48 seconds West a distance of 25.25 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION LICENSE NO. 1 and NO. 2 will become null and void upon completion of the above described sewer construction. 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 April 26, 2007.