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Home My Public Portal About12417O R D I N A N C E NO. 12417 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 storm channel, storm sewers, and related appurtenances in the project known as Gaebler – Trescott Storm Sewer (UCTC-120) (2001080) 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 University City Branch Watershed wherein live and work numerous people; and WHEREAS, storm 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 storm channel, storm sewer lines, 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 storm channel, storm lines, and related appurtenances in the project known as Gaebler – Trescott Storm Sewer (UCTC- 120) (2001080) as hereinafter set forth, said easements and licenses being more particularly described below: Gaebler-Trescott Storm Sewer M.S.D. Project No. 2001080 General Commercial Inc. Property 15L-61-0963 A SEWER EASEMENT across part of Lot 28 of OVERLAND NO. 2, a subdivision according to the plat thereof recorded in Plat Book 14, Page 6 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: COMMENCING at the southeast corner of said Lot 28; THENCE North 07 degrees 22 minutes 57 seconds East, along the east line of said Lot 28 and said east line also being the west right-of-way line of Burns Avenue, 50.00 feet wide, a distance of 50.00 feet to the POINT OF BEGINNING of the herein described Sewer Easement; THENCE North 83 degrees 21 minutes 29 seconds West, along the south property line of a tract of land conveyed to General Commercial, Inc. by Deed Book 9163, Page 682 as recorded in the St. Louis County, Missouri Recorder’s Office, a distance of 74.84 feet to a point; THENCE North 29 degrees 13 minutes 58 seconds West a distance of 61.70 feet to a point; THENCE South 83 degrees 21 minutes 29 seconds East, along the north property line of said tract of land, a distance of 26.86 feet to a point; THENCE South 60 degrees 46 minutes 02 seconds West a distance of 11.76 feet to a point; THENCE South 29 degrees 13 minutes 58 seconds East a distance of 30.79 feet to a point; THENCE South 53 degrees 57 minutes 58 seconds East a distance of 26.83 feet to a point; THENCE South 83 degrees 21 minutes 29 seconds East a distance of 52.31 feet to a point, on the said east line of Lot 28; THENCE South 07 degrees 22 minutes 57 seconds West, along said east property line, a distance of 4.99 feet to the POINT OF BEGINNING. Also, two (2) TEMPORARY CONSTRUCTION LICENSE for use during the construction of any sewer in the above described sewer easement, said temporary construction license being more particularly described as follows: TEMPORARY CONSTRUCTION LICENSE #1 COMMENCING at the southeast corner of said Lot 28; THENCE North 07 degrees 22 minutes 57 seconds East, along the east line of said Lot 28 and said east line also being the west right-of-way line of Burns Avenue, 50.00 feet wide, a distance of 100.00 feet to a point; THENCE North 83 degrees 21 minutes 29 seconds West, along the north property line of a tract land conveyed to General Commercial, Inc. by Deed Book 9163, Page 682 as recorded in the St. Louis County, Missouri Recorder’s Office, a distance of 72.05 feet to the POINT OF BEGINNING of the herein described Temporary Construction License #1; THENCE South 06 degrees 38 minutes 31 seconds West a distance of 5.00 feet to a point; THENCE North 83 degrees 21 minutes 29 seconds West a distance of 19.64 feet to a point; THENCE North 60 degrees 46 minutes 02 seconds East, along the southeast line of above described SEWER EASEMENT, a distance of 8.53 feet to a point; THENCE South 83 degrees 21 minutes 29 seconds East, along said north property line, a distance of 12.73 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION LICENSE #2 COMMENCING at the southeast corner of said Lot 28; THENCE North 07 degrees 22 minutes 57 seconds East, along the east line of said Lot 28 and said east line also being the west right-of-way line of Burns Avenue, 50.00 feet wide, a distance of 100.00 feet to a point; THENCE North 83 degrees 21 minutes 29 seconds West, along the north property line of a tract land conveyed to General Commercial, Inc. by Deed Book 9163, Page 682 as recorded in St. Louis County, Missouri Recorder’s Office, a distance of 111.64 feet to the POINT OF BEGINNING of the herein described Temporary Construction License #2; THENCE South 29 degrees 13 minutes 58 seconds East a distance of 6.17 feet to a point; THENCE North 83 degrees 21 minutes 29 seconds West a distance of 12.34 feet to a point; THENCE North 29 degrees 13 minutes 58 seconds West a distance of 6.17 feet to a point; THENCE South 83 degrees 21 minutes 29 seconds East, along said north property line, a distance of 12.34 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. Gaebler-Trescott Storm Sewer M.S.D. Project No. 2001080 Rosenblum Property 15L-63-0103 A SEWER EASEMENT across part of Lot 42 of OVERLAND NO. 2, a subdivision according to the plat thereof recorded in Plat Book 14, Page 6 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: COMMENCING at the northeast corner of said Lot 42, said corner also being the intersection of the south right-of-way line of Lackland (60 feet wide) Road and the west right-of-way line of Wengler (50 feet wide) Avenue; THENCE South 07 degrees 22 minutes 57 seconds West, along said west right-of way line, said west right-of-way line also being the east line of said Lot 42 a distance of 106.83 feet to the POINT OF BEGINNING of the herein described Sewer Easement; THENCE South 07 degrees 22 minutes 57 seconds West, along said east line, a distance of 10.15 feet to a point; THENCE North 72 degrees 43 minutes 53 seconds West a distance of 43.72 feet to a point; THENCE North 74 degrees 50 minutes 04 seconds West a distance of 70.80 feet to a point; THENCE South 69 degrees 22 minutes 33 seconds West a distance of 6.70 feet to a point, on the west property line of a tract land conveyed to Canarsie Investments LLC by Deed Book 17356, Page 3645 as recorded in said Recorder’s Office; THENCE North 07 degrees 22 minutes 15 seconds East, along said west property line, a distance of 88.73 feet to a point, said point being on the north property line of said Lot 42, said north property line also being the said south right-of-way line; THENCE South 89 degrees 27 minutes 34 seconds East, along the said north property line of Lot 42, a distance of 10.08 feet to a point; THENCE South 07 degrees 22 minutes 57 seconds West a distance of 77.25 feet to a point; THENCE South 74 degrees 50 minutes 04 seconds East a distance of 68.24 feet to a point; THENCE South 72 degrees 43 minutes 53 seconds East a distance of 42.16 feet to the POINT OF BEGINNING. Also, two (2) TEMPORARY CONSTRUCTION LICENSE for use during the construction of any sewer in the above described sewer easement, said temporary construction license being more particularly described as follows: TEMPORARY CONSTRUCTION LICENSE NO. 1 COMMENCING at the northeast corner of said Lot 42, said corner also being the intersection of the south right-of-way line of Lackland (60 feet wide) Road and the west right-of-way line of Wengler (50 feet wide) Avenue; THENCE South 07 degrees 22 minutes 57 seconds West, along said west right-of way line, said west right-of-way line also being the east line of said Lot 42, a distance of 101.75 feet to the POINT OF BEGINNING of the herein described TEMPORARY CONSTRUCTION LICENSE NO. 1; THENCE South 07 degrees 22 minutes 57 seconds West, along said east line, a distance of 5.08 feet to a point; THENCE North 72 degrees 43 minutes 53 seconds West, along the north line of above described SEWER EASEMENT a distance of 42.16 feet to a point; THENCE North 74 degrees 50 minutes 04 seconds West, along said north line a distance of 68.24 feet to a point; THENCE North 07 degrees 22 minutes 57 seconds East, along the east line of said SEWER EASEMENT a distance of 77.25 feet to a point, on the said north line of Lot 42; THENCE South 89 degrees 27 minutes 34 seconds East, along said north line, a distance of 10.07 feet to a point; THENCE South 07 degrees 22 minutes 57 seconds West a distance of 55.00 feet to a point; THENCE South 08 degrees 31 minutes 41 seconds East a distance of 21.39 feet to a point; THENCE South 74 degrees 50 minutes 04 seconds East a distance of 53.00 feet to a point; THENCE South 72 degrees 43 minutes 53 seconds East a distance of 41.38 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION LICENSE NO. 2 COMMENCING at the northeast corner of said Lot 42, said corner also being the intersection of the south right-of-way line of Lackland (60 feet wide) Road and the west right-of-way line of Wengler (50 feet wide) Avenue; THENCE South 07 degrees 22 minutes 57 seconds West, along said west right-of way line, said west right-of-way line also being the east line of said Lot 42, a distance of 116.98 feet to the POINT OF BEGINNING of the herein described TEMPORARY CONSTRUCTION LICENSE NO. 2; THENCE South 07 degrees 22 minutes 57 seconds West, along said east line, a distance of 10.15 feet to a point; THENCE North 72 degrees 43 minutes 53 seconds West a distance of 45.28 feet to a point; THENCE North 74 degrees 50 minutes 04 seconds West a distance of 40.40 feet to a point; THENCE North 00 degrees 32 minutes 26 seconds East a distance of 10.33 feet to a point, said point being on the south line of said SEWER EASEMENT; THENCE South 74 degrees 50 minutes 04 seconds East, along said south line, a distance of 43.19 feet to a point; THENCE South 72 degrees 43 minutes 53 seconds East, along said south line, a distance of 43.72 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. Gaebler-Trescott Storm Sewer M.S.D. Project No. 2001080 Slusser Property 15L-61-1195 Two (2) SEWER EASEMENTS across the south 50.00 feet of Lot 41 of Overland No. 2, a subdivision according to the plat thereof recorded in Plat Book 14, Page 6 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: SEWER EASEMENT NO. 1 A 5.00 foot wide Sewer Easement adjacent to the south line of said Lot 41, bounded on the west by the west line of said Lot 41 and bounded on the east by the east line of said Lot 41, said east line also being the west right-of-way line of Wengler (50.00 feet wide) Avenue. SEWER EASEMENT NO. 2 COMMENCING at the southeast corner of said Lot 41; THENCE North 07 degrees 22 minutes 57 seconds East, along the said east line of Lot 41, said east line also being the west right-of-way line of Wengler (50.00 feet wide) Avenue, a distance of 45.00 feet to the POINT OF BEGINNING of the herein described SEWER EASEMENT NO.2; THENCE North 83 degrees 21 minutes 47 seconds West a distance of 5.00 feet to a point; THENCE North 07 degrees 23 minutes 15 seconds East a distance of 5.00 feet to a point, said point being on the north line of property conveyed to Alice C. Slusser by Deed Book 8145, Page 23 of said Recorder’s Office; THENCE South 83 degrees 21 minutes 29 seconds East a distance of 5.00 feet to a point on the said east line of Lot 41; THENCE South 07 degrees 22 minutes 57 seconds West, along said east line of Lot 41, a distance of 5.00 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 easements, said temporary construction licenses being more particularly described as follows: TEMPORARY CONSTRUCTION LICENSE NO.1 COMMENCING at the southeast corner of said Lot 41; THENCE North 07 degrees 22 minutes 57 seconds East, along the said east line of Lot 41, said east line also being the west right-of-way line of Wengler (50.00 feet wide) Avenue, a distance of 5.00 feet to the POINT OF BEGINNING of the herein described TEMPORARY CONSTRUCTION LICENSE NO.1; THENCE North 83 degrees 21 minutes 29 seconds West, along the north line of the above described Sewer Easement No. 1, a distance of 193.00 feet to a point on the west line of said Lot 41; THENCE North 07 degrees 22 minutes 57 seconds East a distance of 3.00 feet to a point; THENCE South 83 degrees 21 minutes 29 seconds East a distance of 22.00 feet to a point; THENCE North 07 degrees 22 minutes 57 seconds East a distance of 2.00 feet to a point; THENCE South 83 degrees 21 minutes 29 seconds East a distance of 171.00 feet to a point on the said east line of Lot 41; THENCE South 07 degrees 22 minutes 57 seconds West, along the said east line of Lot 41 a distance of 5.00 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION LICENSE NO.2 COMMENCING at the southeast corner of said Lot 41; THENCE North 07 degrees 22 minutes 57 seconds East, along the said east line of Lot 41 a distance of 34.87 feet to the POINT OF BEGINNING of the herein described TEMPORARY CONSTRUCTION LICENSE NO.2; THENCE North 82 degrees 37 minutes 03 seconds West a distance of 10.00 feet to a point; THENCE North 07 degrees 23 minutes 15 seconds East a distance of 15.00 feet to a point; THENCE South 83 degrees 21 minutes 29 seconds East, along the said north line of property conveyed to Alice C. Slusser by Deed Book 8145, Page 23 of said Recorder’s Office a distance of 10.00 feet to a point; THENCE South 07 degrees 22 minutes 57 seconds West, along the said east line a distance of 15.13 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the above described Sewer Easement No.2. TEMPORARY CONSTRUCTION LICENSE NO. 1 AND NO. 2 will become null and void upon completion of the above described sewer construction. Gaebler-Trescott Storm Sewer M.S.D. Project No. 2001080 Eickhoff & Wiley Property 15L-61-0480 A five (5.00) foot wide TEMPORARY CONSTRUCTION LICENSE across part of Lot 37 in Overland No. 2, a subdivision according to the plat thereof recorded in Plat Book 14, Page 6 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: BEGINNING at the northeast corner of said Lot 37; THENCE South 07 degrees 22 minutes 57 seconds West, along the west line of Wengler Avenue (50 foot wide), a distance of 50.00 feet to a point; THENCE North 83 degrees 21 minutes 29 seconds West, along the south property line of a tract of land conveyed to Keith W. Eickhoff and Bonnie S. Wiley by deed recorded in Deed Book 7307 Page 355 of the St. Louis County, Missouri Recorder’s Office, a distance of 5.00 feet to a point; THENCE North 07 degrees 22 minutes 57 seconds East a distance of 50.00 feet to a point; THENCE South 83 degrees 21 minutes 29 seconds East, along the north line of said Lot 37, a distance of 5.00 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION LICENSE 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.