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HomeMy Public PortalAbout12628O R D I N A N C E NO. 12628 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 Infrastructure Repair #087P Caulks Creek “A” (P-750) Phase IV – Section “B” (93077C1) 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 Caulks 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 Infrastructure Repair #087P Caulks Creek “A” (P-750) Phase IV – Section “B” (93077C1) as hereinafter set forth, said easements and licenses being more particularly described below: Infrastructure Repair No. 087P Caulks Creek “A” (P-750) Phase IV-Section B M.S.D. Project No. 93077C1 Clarkson Property Company-Parcel 31A 17T-62-0041 A (15.00) fifteen foot wide SEWER EASEMENT across a tract of land described in deed to Clarkson Property Company in Deed Book 9307, Page 1664 of the St. Louis County Records, located in U.S. Survey 2031, Township 45 North, Range 4 East, City of Chesterfield, St. Louis County, Missouri, being more particularly described as: COMMENCING at the intersection of the North right of way line of Interstate Highway 64 (width varies), with the East line of Lot 7 in “Subdivision of James Long Estate” as recorded in the plat attached to Deed Book 445, Page 354 of the City of St. Louis Records, said East line also being the West line of a tract of land described in deed to Clarkson Property Company as recorded in Deed Book 9307, Page 1664 of said recorder’s office; THENCE North 01 degrees 22 minutes 24 seconds West, along the said East line of Lot 7, a distance of 33.95 feet to the POINT OF BEGINNING of the centerline of the herein described 15.00 foot wide sewer easement, being 7.50 foot wide on both side of said centerline; THENCE South 81 degrees 47 minutes 36 seconds East a distance of 13.74 feet to a point; THENCE South 80 degrees 30 minutes 35 seconds East a distance of 1.37 feet to the POINT OF TERMINATION of the centerline of said 15.00 foot wide sewer easement, said POINT OF TERMINATION also being on the East line of said tract of land to Clarkson Property Company and also the West line of a tract of land to Walter E. Graeler and Jo Ann Graeler as described in Deed Book 9049, Page 1848 of said recorder’s office. Also, two 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: A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE NO.1 A 20.00 foot wide temporary construction license adjacent to the northerly line of the above described 15.00 foot wide Sewer Easement, bounded on the West by the said East line of Lot 7 and bounded on the East by the West line of said tract of land to Walter E. Graeler and Jo Ann Graeler. A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE NO.2 A 20.00 foot wide temporary construction license adjacent to the southerly line of the above described 15.00 foot wide Sewer Easement, bounded on the West by the said East line of Lot 7 and bounded on the East by the West line of said tract of land to Walter E. Graeler and Jo Ann Graeler. The above described TEMPORARY CONSTRUCTION LICENSE will become null and void upon completion of the above described sewer construction. Infrastructure Repair No. 087P Caulks Creek “A” (P-750) Phase IV-Section B M.S.D. Project No. 93077C1 Graeler, Etal. Property-Parcel 31B 17T-62-0041 A (15.00) fifteen foot wide SEWER EASEMENT across a tract of land described in deed to Walter E. Graeler Etal. in Deed Book 9049, Page 1848 of the St. Louis County Records, located in U.S. Survey 2031, Township 45 North, Range 4 East, City of Chesterfield, St. Louis County, Missouri, being more particularly described as: COMMENCING at the intersection of the North right of way line of Interstate Highway 64 (width varies), with the East line of Lot 7 in the “Subdivision of James Long Estate” as recorded in the plat attached to Deed Book 445, Page 354 of the City of St. Louis Records, said East line also being the West line of a tract of land described in deed to Clarkson Property Company as recorded in Deed Book 9307, Page 1664 of said recorder’s office; THENCE 15.34 feet along a curve to the right, said curve also being the said North right of way line of Interstate Highway 64, having a radius 3054.79 feet and a chord bearing of South 78 degrees 49 minutes 50 seconds East to a point; THENCE North 01 degrees 29 minutes 45 seconds West, along the East line of said tract of land to Clarkson Property Company, a distance of 34.74 feet to the POINT OF BEGINNING of the centerline of the herein described 15.00 foot wide sewer easement, being 7.50 foot wide on both sides of said centerline; THENCE South 80 degrees 30 minutes 35 seconds East a distance of 26.54 feet to a point of curvature; THENCE 1324.67 feet along a non- tangent curve to the right having a radius of 3089.79 feet and a chord bearing of South 65 degrees 57 minutes 54 seconds East to POINT A, said POINT A also being the centerline of an existing rock road; THENCE 143.05 feet along a curve to the right having a radius 3089.79 feet and a chord bearing of South 52 degrees 21 minutes 24 seconds East to a point of curvature; THENCE 130.46 feet along a non-tangent curve to the right having a radius 538.26 feet and a chord bearing of South 38 degrees 38 minutes 22 seconds East to a point; THENCE South 47 degrees 47 minutes 13 seconds East a distance of 108.88 feet to a point; THENCE South 45 degrees 45 minutes 59 seconds East a distance of 93.84 feet to a point; THENCE South 43 degrees 03 minutes 49 seconds East a distance of 206.13 feet to a point; THENCE South 47 degrees 43 minutes 21 seconds East a distance of 456.12 feet to a point; THENCE North 54 degrees 27 minutes 02 seconds East a distance of 100.07 feet to a point; THENCE North 65 degrees 48 minutes 49 seconds East a distance of 168.47 feet to the POINT OF TERMINATION of the centerline of said 15.00 foot wide sewer easement, said POINT OF TERMINATION also being on the West line of a tract of land described in deed to Clarence E. Graeler and Judith A. Graeler, Co-Trustees of the Clarence E. Graeler Revocable Living Trust as recorded in Deed Book 13965, Page 1037 of said recorder’s office. Also, two 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: A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE NO.1 A 20.00 foot wide temporary construction license adjacent to the northerly line of the above described 15.00 foot wide Sewer Easement, bounded on the West by the East line of said tract of land to Clarkson Property Company and bounded on the East by the West line of said tract of land to Clarence E. Graeler and Judith A. Graeler, Co-Trustees of the Clarence E. Graeler Revocable Living Trust. A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE NO.2 A 20.00 foot wide temporary construction license adjacent to the southerly line of the above described 15.00 foot wide Sewer Easement, bounded on the West by the East line of said tract of land to Clarkson Property Company and bounded on the East by the West line of said tract of land to Clarence E. Graeler and Judith A. Graeler, Co-Trustees of the Clarence E. Graeler Revocable Living Trust. The above described TEMPORARY CONSTRUCTION LICENSE will become null and void upon completion of the above described sewer construction. ALSO A 15.00 FOOT WIDE EASEMENT FOR INGRESS-EGRESS. COMMENCING at the above described POINT A; THENCE South 02 degrees 39 minutes 37 seconds West a distance of 50.51 feet to the POINT OF BEGINNING of the centerline of the herein described 15.00 foot wide road for ingress-egress, being 7.50 foot wide on both sides of said centerline; THENCE 120.71 feet along a curve to the right having a radius of 3047.29 feet and a chord bearing of South 52 degrees 02 minutes 12 seconds East to a point; THENCE South 38 degrees 57 minutes 26 seconds West a distance of 27.19 feet to a point; THENCE South 41 degrees 14 minutes 16 seconds East a distance of 49.76 feet to a point of curvature; THENCE 25.07 feet along a curve to the left having a radius of 125.00 feet and a chord bearing of South 46 degrees 59 minutes 04 seconds East to a point; THENCE South 52 degrees 43 minutes 52 seconds East a distance of 93.55 feet to a point of curvature; THENCE 93.50 feet along a curve to the right having a radius of 600.00 feet and a chord bearing of South 48 degrees 16 minutes 01 seconds East to a point; THENCE South 43 degrees 48 minutes 11 seconds East a distance of 71.60 feet to a point; THENCE South 42 degrees 00 minutes 47 seconds East a distance of 365.68 feet to a point of curvature; THENCE 176.02 feet along a curve to the left having a radius of 764.00 feet and a chord bearing of South 48 degrees 36 minutes 48 seconds East to a point; THENCE South 55 degrees12 minutes 50 seconds East a distance of 16.36 feet to a point of curvature; THENCE 67.74 feet along a curve to the right having a radius of 65.00 feet and a chord bearing of South 25 degrees 21 minutes 24 seconds East to a point; THENCE South 04 degrees 30 minutes 01 seconds West a distance of 12.14 feet to a point; THENCE South 46 degrees 28 minutes 40 seconds East a distance of 170.78 feet to a point; THENCE North 55 degrees 52 minutes 50 seconds East a distance of 83.06 feet to a point of curvature; THENCE 142.65 feet along a curve to the right having a radius of 1350.00 feet and a chord bearing of North 58 degrees 54 minutes 28 seconds East to the POINT OF TERMINATION of the centerline of said 15.00 foot wide road for ingress-egress, said POINT OF TERMINATION also being on the West line of said tract of land to Clarence E. Graeler and Judith A. Graeler, Co- Trustees of the Clarence E. Graeler Revocable Living Trust. The above described EASEMENT FOR INGRESS-EGRESS is intended to allow access to MSD’s monitoring stations (air release vaules). Should the above property be developed and allow for alternative access rights, this ingress-egress easement will become null and void. Infrastructure Repair No. 087P Caulks Creek “A” (P-750) Phase IV-Section B M.S.D. Project No. 93077C1 Graeler Etal. Property-Parcel 31C 17S-41-0018 A (15.00) fifteen foot wide SEWER EASEMENT across a tract of land described in deed to Clarence E. Graeler and Judith A. Graeler, Co-Trustees of the Clarence E. Graeler Revocable Living Trust in Deed Book 13965, Page 1037 of the St. Louis County Records, located in U.S. Survey 123, Township 45 North, Range 4 East, City of Chesterfield, St. Louis County, Missouri, being more particularly described as: COMMENCING at the intersection of the South right of way line of Chicago, Rock Island and Pacific railroad with the West line of U.S. Survey 123; THENCE North 01 degrees 12 minutes 34 seconds East, along said West line a distance of 558.85 feet to the POINT OF BEGINNING of the centerline of the herein described 15.00 foot wide sewer easement, being 7.50 foot wide on both sides of said centerline; THENCE North 65 degrees 48 minutes 49 seconds East a distance of 275.38 feet to a point; THENCE North 76 degrees 20 minutes 42 seconds East a distance of 663.82 feet to POINT B; THENCE North 76 degrees 20 minutes 42 seconds East a distance of 10.00 feet to a point: THENCE South 84 degrees 11 minutes 57 seconds East a distance of 316.84 feet to the POINT OF TERMINATION of the centerline of said 15.00 foot wide sewer easement, said POINT OF TERMINATION also being on the West line of a tract of land described in deed to Monarch Chesterfield Levee District in Deed Book 12650, Page 89 of said recorder’s office. Also, two 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: A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE NO.1 A 20.00 foot wide temporary construction license adjacent to the northerly line of the above described 15.00 foot wide Sewer Easement, bounded on the West by the East line of said tract of land to Walter E. Graeler and Jo Ann Graeler and bounded on the East by the West line of said tract of land to Monarch Chesterfield Levee District. A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE NO.2 A 20.00 foot wide temporary construction license adjacent to the southerly line of the above described 15.00 foot wide Sewer Easement, bounded on the West by the East line of said tract of land to Walter E. Graeler and Jo Ann Graeler and bounded on the East by the West line of said tract of land to Monarch Chesterfield Levee District. The above described TEMPORARY CONSTRUCTION LICENSE will become null and void upon completion of the above described sewer construction. ALSO A 15.00 FOOT WIDE ROAD FOR INGRESS-EGRESS. COMMENCING at the intersection of the South right of way line of Chicago, Rock Island and Pacific railroad with the West line of U.S. Survey 123; THENCE North 01 degrees 12 minutes 34 seconds East, along said West line a distance of 380.72 feet to the POINT OF BEGINNING of the centerline of the herein described 15.00 foot wide sewer easement, being 7.50 foot wide on both sides of said centerline; THENCE 188.04 feet along a curve to the right having a radius of 1350.00 feet and a chord bearing of North 65 degrees 55 minutes 32 seconds East to a point; THENCE North 69 degrees 54 minutes 57 seconds East a distance of 304.80 feet to a point of curvature; THENCE 202.23 feet along a curve to the right having a radius of 900.00 feet and a chord bearing of North 76 degrees 21 minutes 11 seconds East to a point; THENCE North 82 degrees 47 minutes 24 seconds East a distance of 181.15 feet to a point of curvature; THENCE 160.00 feet along a curve to the left having a radius of 170.00 feet and a chord bearing of North 55 degrees 49 minutes 40 seconds East to a point of curvature; THENCE 110.57 feet along a curve to the left having a radius of 455.00 feet and a chord bearing of North 21 degrees 54 minutes 14 seconds East to the POINT OF TERMINATION of the centerline of said 15.00 foot wide road for ingress-egress, said POINT OF TERMINATION also being on the centerline of the above described 15.00 foot wide SEWER EASEMENT. The above described EASEMENT FOR INGRESS-EGRESS is intended to allow access to MSD’s monitoring stations (air release vaules). Should the above property be developed and allow for alternative access rights, this ingress-egress easement will become null and void. 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 May 8, 2008.