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HomeMy Public PortalAbout12717O R D I N A N C E NO. 12717 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 Orchard Lane to Geyer Road Sanitary Relief (2004067) 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 Lemay RDP 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 Orchard Lane to Geyer Road Sanitary Relief (2004067) as hereinafter set forth, said easements and licenses being more particularly described below: ORCHARD LANE TO GEYER ROAD SANITARY RELIEF M.S.D. Project No. 2004067 Gabler Property 25N620068 A variable width TEMPORARY CONSTRUCTION LICENSE across part of Lot 2 in Ivanhoe Woods, a subdivision recorded in Plat Book 47, Page 22 of the St. Louis County, Missouri Recorder’s Office, said variable width Temporary Construction License being more particularly described as follows: COMMENCING at the intersection of the south line of said Lot 2 in Ivanhoe Woods with the west Right of Way line of Geyer (50 foot wide) Road; THENCE North 01 degree 26 minutes 18 seconds East, along said west Right of Way line a distance of 109.03 feet to the POINT OF BEGINNING of the herein described variable width TEMPORARY CONSTRUCTION LICENSE; THENCE North 89 degrees 44 minutes 38 seconds West a distance of 65.56 feet to a point; THENCE South 28 degrees 58 minutes 02 seconds West a distance of 89.00 feet to a point; THENCE South 00 degree 46 minutes 18 seconds West a distance of 10.00 feet to a point; THENCE South 89 degrees 13 minutes 42 seconds East a distance of 29.60 feet to a point; THENCE South 01 degree 26 minutes 18 seconds West a distance of 10.00 feet to a point, said point being on the north line of an existing10.00 foot wide easement as recorded in said Plat Book 47, Page 22; THENCE North 89 degrees 13 minutes 42 seconds West, along said north line of an existing 10.00 foot wide easement, a distance of 88.01 feet to a point, said point being the intersection of the said north line of an existing 10.00 foot wide easement and the east line of an existing 5.00 foot wide easement as recorded in said Plat Book 47, Page 22; THENCE North 01 degree 26 minutes 18 seconds East, along said east line a distance of 20.00 feet to a point; THENCE South 89 degrees 13 minutes 42 seconds East a distance of 24.25 feet to a point; THENCE North 28 degrees 58 minutes 02 seconds East a distance of 122.85 feet to a point, said point being on the north line of said Lot 2 in Ivanhoe Woods; THENCE South 89 degrees 44 minutes 38 seconds East, along said north line of Lot 2 a distance of 83.95 feet to a point, said point also being on the said west Right of Way line of Geyer Road; THENCE South 01 degree 26 minutes 18 seconds West, along said west Right of Way line a distance of 30.01 feet to the POINT OF BEGINNING. The above described Temporary Construction License will become null and void upon completion of the above described sewer construction. ORCHARD LANE TO GEYER ROAD SANITARY RELIEF M.S.D. Project No. 2004067 Clark Property 25N610070 Two (2) variable width EASEMENTS being part of Lot 5 in Ivanhoe Woods, a subdivision recorded in Plat Book 47, Page 22 of the St. Louis County, Missouri Recorder’s Office, said easements being more particularly described as follows: VARIABLE WIDTH EASEMENT #1 COMMENCING at the southwest corner of said Lot 5 in Ivanhoe Woods; THENCE North 56 degrees 58 minutes 08 seconds East, along the southeast line of said Lot 5 a distance of 12.09 feet to a point, said point also being on the east line of an existing 10.00 foot wide easement as recorded in said Plat Book 47, Page 22; THENCE North 01 degree 10 minutes 26 seconds East, along said east line a distance of 306.95 feet to the POINT OF BEGINNING of the herein described VARIABLE WIDTH EASEMENT #1, said POINT OF BEGINNING also being on the northeast line of an existing 10.00 foot wide easement as recorded in Deed Book 3172, Page 201 of said Recorder’s Office; THENCE North 01 degree 10 minutes 26 seconds East, along said east line a distance of 33.51 feet to a point; THENCE South 03 degrees 56 minutes 54 seconds East a distance of 22.62 feet to a point; THENCE South 39 degrees 58 minutes 21 seconds East a distance of 186.71 feet to a point, said point also being on the said northeast line of an existing 10.00 foot wide easement; THENCE North 42 degrees 45 minutes 24 seconds West, along said northeast line a distance of 179.99 feet to the POINT OF BEGINNING. VARIABLE WIDTH EASEMENT #2 COMMENCING at the southwest corner of said Lot 5 in Ivanhoe Woods; THENCE North 56 degrees 58 minutes 08 seconds East, along the southeast line of said Lot 5 a distance of 175.48 feet to the POINT OF BEGINNING of the herein described VARIABLE WIDTH EASEMENT #2, said POINT OF BEGINNING also being on the east line of an existing 10.00 foot wide easement as recorded in Deed Book 3172, Page 201 of said Recorder’s Office; THENCE North 01 degree 13 minutes 24 seconds West, along said east line a distance of 66.91 feet to a point; THENCE South 21 degrees 56 minutes 55 seconds East a distance of 57.94 feet to a point, said point also being on the said southeast line of Lot 5; THENCE South 56 degrees 58 minutes 08 seconds West, along said southeast line of Lot 5 a distance of 24.13 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the said existing 10.00 foot wide easement as recorded in Plat Book 47, Page 22. Also, two (2) TEMPORARY CONSTRUCTION LICENSES for use during the construction of any sewer in the above described variable width EASEMENT # 1 and # 2 or the existing 10.00 foot wide easement as recorded in Plat Book 47, Page 22 of said Recorder’s Office and the existing 10.00 foot wide easement as recorded in Deed Book 3172, Page 201 of said Recorder’s Office, being more particularly described as follows: VARIABLE WIDTH TEMPORARY CONSTRUCTION LICENSE #1 COMMENCING at the southwest corner of said Lot 5 in Ivanhoe Woods; THENCE North 56 degrees 58 minutes 08 seconds East, along the southeast line of said Lot 5 a distance of 199.61 feet to the POINT OF BEGINNING of the herein described VARIABLE WIDTH TEMPORARY CONSTRUCTION LICENSE #1, said POINT OF BEGINNING also being on the east line of the above described VARIABLE WIDTH EASEMENT #2; THENCE North 21 degrees 56 minutes 55 seconds West, along said east line of above described VARIABLE WIDTH EASEMENT #2 a distance of 57.94 feet to a point, said point also being on the east line of an existing 10.00 foot wide easement as recorded in Deed Book 3172, Page 201 of said Recorder’s Office; THENCE North 01 degree 13 minutes 24 seconds West, along said east line of an existing 10.00 foot wide easement a distance of 11.39 feet to a point; THENCE North 42 degrees 45 minutes 24 seconds West, along said east line of an existing 10.00 foot wide easement a distance of 10.06 feet to a point; THENCE North 39 degrees 58 minutes 21 seconds West, along the east line of the above described VARIABLE WIDTH EASEMENT #1 a distance of 186.71 feet to a point; THENCE North 03 degrees 56 minutes 54 seconds West, along the said east line of above described VARIABLE WIDTH EASEMENT #1 a distance of 22.62 feet to a point, said point also being on the east line of an existing 10.00 foot wide easement as recorded in said Plat Book 47, Page 22; THENCE North 01 degrees 10 minutes 26 seconds East, along said east line of an existing 10.00 foot wide easement a distance of 116.09 feet to a point, said point also being on the south line of an existing 10.00 foot wide easement as recorded in said Plat Book 47 Page 22; THENCE South 89 degrees 44 minutes 42 seconds East, along said south line a distance of 20.00 feet to a point; THENCE South 01 degree 10 minutes 26 seconds West a distance of 129.13 feet to a point; THENCE South 39 degrees 58 minutes 21 seconds East a distance of 183.97 feet to a point; THENCE South 21 degrees 56 minutes 55 seconds East a distance of 78.65 feet to a point, said point also being on the southeast line of said Lot 5; THENCE South 56 degrees 58 minutes 08 seconds West, along said southeast line a distance of 20.38 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing 10.00 foot wide easement as recorded in said Plat Book 47, Page 22. 20.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE #2 A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE lying adjacent and parallel to the west and southwest line of an existing 10.00 foot wide easement as recorded in said Deed Book 3172 Page 201 and bounded on the southeast by the southeast line of said Lot 5 and on the west by the east line of an existing 10.00 foot wide easement as recorded in said Plat Book 47, Page 22, excepting therefrom those portions covered by the existing 10.00 foot wide easement as recorded in said Plat Book 47, Page 22. The above described TEMPORARY CONSTRUCTION LICENSE No. 1 and No. 2 will become null and void upon completion of the above described sewer construction. ORCHARD LANE TO GEYER ROAD SANITARY RELIEF M.S.D. Project No. 2004067 Dreyfus Property 25N-61-0168 A 20 foot wide TEMPORARY CONSTRUCTION LICENSE #1 and a 10 foot wide TEMPORARY CONSTRUCTION LICENSE #2 across part of Lot 10 in Windsor Acres, a subdivision according to the plat thereof recorded in Plat Book 31, Page 35 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: 20.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE #1 A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE lying adjacent and parallel to the west line of an existing 10.00 foot wide utility easement as recorded in said Plat Book 31, Page 35 and bounded on the south by the north line of property conveyed to Paul and Janice Newhouse as recorded in Deed Book 9852, Page 1490 of said Recorder’s Office and bounded on the north by the south line of property conveyed to Mark and Judyth Jackson as recorded in Deed Book 9085, Page 2056 of said Recorder’s Office. 10.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE #2 A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE lying adjacent and parallel to the south line of an existing sewer easement to the City of Kirkwood as recorded in said Deed Book 1595, Page 612 of said Recorder’s Office and bounded on the west by the east right of way line of Orchard (40’w) Lane and bounded on the east by the west line of said existing sewer easement to the City of Kirkwood as recorded in Deed Book 1595, Page 612. TEMPORARY CONSTRUCTION LICENSE No. 1 and No. 2 will become null and void upon completion of the above described sewer construction. ORCHARD LANE TO GEYER ROAD SANITARY RELIEF M.S.D. Project No. 2004067 Jackson Property 25N-61-0180 A 10.00 foot wide EASEMENT across part of Lots 9 & 10 of Windsor Acres, a subdivision recorded in Plat Book 31, Page 35 of the St. Louis County, Missouri Recorder’s Office, said easement being more particularly described as follows: 10.00 FOOT WIDE EASEMENT COMMENCING at the southwest corner of said Lot 9; THENCE North 01 degrees 08 minute 59 seconds East, along the east Right-of-Way line of Orchard (40 feet wide) Lane, a distance of 64.25 feet to a point; THENCE South 89 degrees 45 minutes 00 seconds East, along the north line of a tract of land conveyed to Mark J. Jackson III and Judyth K. Jackson as recorded in Deed Book 9085, Page 2056 of said Recorder’s Office, said north line also being the south line of a tract of land conveyed to Robert Eric Miller as recorded in Deed Book 13673, Page 139 of said Recorder’s Office, a distance of 307.12 feet to a point; THENCE South 01 degrees 15 minutes 30 seconds West, along the west line of an existing 10.00 foot wide easement as recorded in Plat Book 31, Page 35 of said Recorder’s Office, a distance of 35.30 feet to the POINT OF BEGINNING of the herein described 10.00 foot wide easement; THENCE South 01 degrees 15 minutes 30 seconds West a distance of 10.00 feet to a point; THENCE South 89 degrees 57 minutes 31 seconds West a distance of 65.78 feet to a point, said point also being on the east line of an existing 10.00 foot wide easement as recorded in Deed Book 1583, Page 273 of said Recorder’s Office; THENCE North 11 degrees 02 minutes 01 seconds West, along said east line of an existing 10.00 foot wide easement, a distance of 10.19 feet to a point; THENCE North 89 degrees 57 minutes 31 seconds East a distance of 67.95 feet to the POINT OF BEGINNING. Also, two VARIABLE WIDTH 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: VARIBLE WIDTH TEMPORARY CONSTRUCTION LICENSE #1 A VARIBLE WIDTH TEMPORARY CONSTRUCTION LICENSE being adjacent to the west line of an existing 10.00 foot wide easement as recorded in Plat Book 31, Page 35 of said Recorder’s Office, bounded on the west by the east line of an existing 10.00 foot wide easement as recorded in Deed Book 1583, Page 273 of said Recorder’s Office, bounded on the north by the north line of a tract of land conveyed to Mark J. Jackson III and Judyth K. Jackson as recorded in Deed Book 9085, Page 2056 of said Recorder’s Office, said north line also being the south line of a tract of land conveyed to Robert Eric Miller as recorded in Deed Book 13673, Page 139 of said Recorder’s Office, bounded on the south by the south line of a tract of land conveyed to Mark J. Jackson III and Judyth K. Jackson as recorded in Deed Book 9085, Page 2056 of said Recorder’s Office, said south line also being the north line of a tract of land conveyed to Daniel L. Dreyfus and Denise Maue Dreyfus as recorded in Deed Book 8787, Page 1189 of said Recorder’s Office. EXCEPTING THEREFROM: That portion of the above described 10.00 foot wide easement. VARIABLE WIDTH TEMPORARY CONSTRUCTION LICENSE #2 COMMENCING at the southwest corner of said Lot 9; THENCE South 01 degrees 08 minute 59 seconds West, along the east Right-of-Way line of Orchard (40 feet wide) Lane, a distance of 20.75 feet to the POINT OF BEGINNING of the herein described Variable Width Temporary Construction License #2; THENCE South 89 degrees 45 minutes 01 seconds East a distance of 85.01 feet to a point; THENCE North 01 degree 08 minutes 59 seconds East a distance of 10.00 feet to a point; THENCE South 89 degrees 45 minutes 01 seconds East a distance of 131.97 feet to a point; THENCE North 11 degrees 02 minutes 01 seconds West a distance of 46.34 feet to a point; THENCE North 29 degrees 38 minutes 29 seconds East a distance of 15.81 feet to a point; THENCE North 89 degrees 57 minutes 31 seconds East a distance of 23.02 feet to a point, said point being on the west line of said existing 10.00 foot wide easement as recorded in Deed Book 1583, Page 273 of said Recorder’s Office; THENCE South 29 degrees 38 minutes 29 seconds West, along the said west line, a distance of 19.80 feet to a point; THENCE South 11 degrees 02 minutes 01 seconds East, along said west line, a distance of 63.31 feet to a point, said point being the intersection of the said west line and the north line of an existing 5.00 foot wide easement as recorded in said Deed Book 1583, Page 273 of Recorder’s Office ; THENCE North 89 degrees 45 minutes 01 seconds West a distance of 241.68 feet to a point, said point being on the said east Right-of-Way of Orchard Lane; THENCE North 01 degrees 08 minutes 59 seconds East, along said east Right-of-Way, a distance of 10.00 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. The foregoing Ordinance was adopted August 14, 2008.