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HomeMy Public PortalAbout12915ORDINANCE NO. 12915 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 Goodale and Verona Storm Improvements (2006140) 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 City of Overland, County of St. Louis within the Coldwater 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 Goodale and Verona Storm Improvements (2006140) as hereinafter set forth, said easements and licenses being more particularly described below: Goodale and Verona Storm Improvements M.S.D. Project No. 2006140 Parcel No. 11 A VARIABLE WIDTH TEMPORARY CONSTRUCTION LICENSE across part of Lot 15 in Block 5 of EAST OVERLAND PARK, a subdivision recorded in Plat Book 5, Page 68 of the St. Louis County, Missouri Recorder’s Office, said temporary construction license being more particularly described as follows: BEGINNING at the southwest corner of said Lot 15; THENCE North 07 degrees 17 minute 30 seconds East, along the west line of said Lot 15, said west line also being the east right of way line of Goodale (50 foot wide) Avenue a distance of 5.10 feet to a point; THENCE South 83 degrees 10 minutes 37 seconds East a distance of 65.50 feet to a point; THENCE South 07 degrees 17 minutes 30 seconds West, along the east line of property conveyed to McIntyre Family Trust by instrument recorded in Deed Book 10311, Page 1343 of said Recorder’s Office a distance of 5.64 feet to a point; THENCE North 82 degrees 42 minutes 30 seconds West, along the common line of Lot 14 and Lot 15 of said Block 5 a distance of 65.50 feet to the POINT OF BEGINNING. The VARIABLE WIDTH TEMPORARY CONSTRUCTION LICENSE is for use during the construction of any sewer in the above described sewer easement and will become null and void upon completion of the above described sewer construction. A 10.00 FOOT WidE EASEMENT across part of Lot 14 of Block 5 in EAST OVERLAND PARK, a subdivision recorded in Plat Book 5, Page 68 of the St. Louis County, Missouri Recorder’s Office, said easement being more particularly described as follows: COMMENCING at the northwest corner of said Lot 14; THENCE South 07 degrees 17 minute 30 seconds West, along the west line of said Lot 14, said west line also being the east right of way line of Goodale (50 foot wide) Avenue, a distance of 9.90 feet to the POINT OF BEGINNING of the centerline of herein described 10.00 FOOT WIDE EASEMENT; THENCE South 83 degrees 10 minutes 37 seconds East a distance of 102.22 feet to a point of curvature; THENCE 55.26 feet along a curve to the right having a radius of 35.00 feet and a chord bearing of South 37 degrees 56 minutes 33 seconds East to a point; THENCE South 07 degrees 17 minutes 30 seconds West, along the east line of property conveyed to Edward O’Daniel by instrument recorded in Deed Book 17865, Page 863 of said Recorder’s Office a distance of 7.25 feet to the POINT OF TERMINATION, said POINT OF TERMINATION also being the southeast corner of said property conveyed to Edward O’Daniel, excepting therefrom those portions east of the said east property line. Also, two (2) 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: COMMENCING at the northwest corner of said Lot 14; THENCE South 07 degrees 17 minute 30 seconds West, along the said west line of Lot 14 a distance of 14.90 feet to the POINT OF BEGINNING of a VARIABLE WIDTH TEMPORARY CONSTRUCTION LICENSE NO. 1; THENCE along the south and west lines of above described 10.00 FOOT WidE EASEMENT the following courses and distances: South 83 degrees 10 minutes 37 seconds East a distance of 102.26 feet; 47.37 feet along a curve to the right having a radius of 30.00 feet and a chord bearing of South 37 degrees 56 minutes 33 seconds East and South 07 degrees 17 minutes 30 seconds West a distance of 7.25 feet; THENCE North 82 degrees 42 minutes 30 seconds West, along the south property line of said property conveyed to Edward O’Daniel, said south property line also being the north property line of property conveyed to Jeffery A. Lenox and Dawn L. White by instrument recorded in Deed Book 11904, Page 81297 of said Recorder’s Office a distance of 20.28 feet to a point; THENCE North 07 degrees 17 minute 30 seconds East a distance of 19.16 feet to a point; THENCE North 74 degrees 33 minutes 17 seconds West a distance of 113.36 feet to a point; THENCE North 07 degrees 17 minutes 30 seconds East, along the said west line of Lot 14 a distance of 1.18 feet to the POINT OF BEGINNING. A VARIABLE WIDTH TEMPORARY CONSTRUCTION LICENSE NO. 2 being adjacent to the north line of the herein described 10.00 FOOT WidE EASEMENT, bounded on the west by the said west line of Lot 14, bounded on the north by the said north line of Lot 14 and bounded on the east by the said east property line. TEMPORARY CONSTRUCTION LICENSE NO. 1 and NO. 2 will become null and void upon completion of the above described sewer construction. A 10.00 FOOT WidE EASEMENT across part of Lot 11 in Block 5 of EAST OVERLAND PARK, a subdivision recorded in Plat Book 5, Page 68 of the St. Louis County, Missouri Recorder’s Office, said easement being more particularly described as follows: COMMENCING at the southeast corner of said Lot 11; THENCE North 82 degrees 42 minute 30 seconds West, along the common line of Lot 10 and Lot 11 of said Block 5 a distance of 39.27 feet to the POINT OF BEGINNING of the herein described 10.00 FOOT WIDE EASEMENT; THENCE North 82 degrees 42 minutes 30 seconds West, along said common line a distance of 10.16 feet to a point; THENCE North 02 degrees 52 minutes 01 seconds West a distance of 43.59 feet to a point; THENCE North 08 degrees 38 minutes 29 seconds East a distance of 8.41 feet to a point; THENCE South 82 degrees 42 minutes 30 seconds East along the north line of a tract of land conveyed to The Ayres Family Trust by instrument recorded in Deed Book 12894, Page 824 of said Recorder’s Office, said north line also being the south line of a tract of land conveyed to Robert Koudijs by instrument recorded in Deed Book 7486, Page 1696 of said Recorder’s Office a distance of 10.00 feet to a point; THENCE South 08 degrees 38 minutes 29 seconds West a distance of 7.64 feet to a point; THENCE South 02 degrees 52 minutes 01 seconds East a distance of 44.37 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: COMMENCING at the southeast corner of said Lot 11; THENCE North 82 degrees 42 minute 30 seconds West, along the said common line a distance of 24.04 feet to the POINT OF BEGINNING of the herein described VARIABLE WIDTH TEMPORARY CONSTRUCTION LICENSE NO. 1; THENCE North 82 degrees 42 minutes 30 seconds West, along said common line a distance of 15.24 feet to a point; THENCE along the east lines of herein described 10.00 FOOT WIDE EASEMENT the following courses and distances: North 02 degrees 52 minutes 01 seconds West a distance of 44.37 feet, North 08 degrees 38 minutes 29 seconds East a distance of 7.64 feet; THENCE South 82 degrees 42 minutes 30 seconds East, along the said north line a distance of 26.92 feet to a point; THENCE South 07 degrees 17 minutes 30 seconds West a distance of 30.00 feet to a point; THENCE North 82 degrees 42 minutes 30 seconds West a distance of 7.85 feet to a point; THENCE South 02 degrees 52 minutes 01 seconds East a distance of 21.65 feet to the POINT OF BEGINNING. A 15.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE NO. 2 being adjacent to the west line of above described 10.00 FOOT WIDE EASEMENT, bounded on the south by the common line of said Lot 10 and Lot 11 and bounded on the north by the said south line of a tract of land conveyed to Robert Koudijs. TEMPORARY CONSTRUCTION LICENSE NO. 1 and NO. 2 will become null and void upon completion of the above described sewer construction. A Variable Width EASEMENT across part of the Eastern part of Lot 14 and Lot 15 of Block 5 in EAST OVERLAND PARK, a subdivision recorded in Plat Book 5, Page 68 of the St. Louis County, Missouri Recorder’s Office, said easement being more particularly described as follows: BEGINNING at the southeast corner of said Lot 14; THENCE North 82 degrees 42 minute 30 seconds West, along the south line of said Lot 14, a distance of 61.86 feet to a point of curvature; THENCE 22.40 feet along a non-tangent curve to the right having a radius of 40.00 feet and a chord bearing of North 37 degrees 42 minutes 30 seconds West to a point; THENCE North 07 degrees 17 minutes 30 seconds East, along the west line of property conveyed to Angela D. Jonas and Jeffery M. Bosch by instrument recorded in Deed Book 16257, Page 688 of said Recorder’s Office, said west line also being the east line of properties conveyed to Jeffrey A. Lenox and Dawn L. White by instrument recorded in Deed Book 11904, Page 1297 of said Recorder’s Office and Edward O’Daniel by instrument recorded in Deed Book 17865, Page 863 of said Recorder’s Office a distance of 60.98 feet to a point of curvature; THENCE 20.21 feet along a non-tangent curve to the right having a radius of 40.00 feet and a chord bearing of South 07 degrees 11 minutes 09 seconds East to a point; THENCE South 07 degrees 17 minutes 30 seconds West a distance of 22.25 feet to a point of curvature; THENCE 47.12 feet along a curve to the left having a radius of 30.00 feet and a chord bearing of South 37 degrees 42 minutes 30 seconds East to a point; THENCE South 82 degrees 42 minutes 30 seconds East a distance of 42.50 feet to a point; THENCE South 07 degrees 17 minutes 30 seconds West, along the common line of said Lot 14 and Lot 1 a distance of 5.00 feet to the POINT OF BEGINNING. Also, two (2) 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: A VARIABLE WIDTH TEMPORARY CONSTRUCTION LICENSE NO. 1 being adjacent to the southwest line of the herein described Variable Width EASEMENT, bounded on the south by the said south line of Lot 14 and bounded on the west by the said west line of property conveyed to Angela D. Jonas and Jeffery M. Bosch. A VARIABLE WIDTH TEMPORARY CONSTRUCTION LICENSE NO. 2, COMMENCING at the southeast corner of said Lot 14; THENCE North 07 degrees 17 minutes 30 seconds East, along the said common line of Lot 14 and Lot 1 a distance of 5.00 feet to the POINT OF BEGINNING of the VARIABLE WIDTH TEMPORARY CONSTRUCTION LICENSE NO. 2; THENCE continuing along the north and east line of above described Variable Width EASEMENT the following courses and distances: North 82 degrees 42 minutes 30 seconds West a distance of 42.50 feet, 47.12 feet along a curve to the right having a radius of 30.00 feet and a chord bearing of North 37 degrees 42 minutes 30 seconds West, North 07 degrees 17 minutes 30 seconds East a distance of 22.25 feet and 20.21 feet along a curve to the left having a radius of 40.00 feet and a chord bearing of North 07 degrees 11 minutes 09 seconds West; THENCE North 07 degrees 17 minutes 30 seconds East, along the said west line a distance of 30.92 feet to a point; THENCE South 34 degrees 13 minutes 39 seconds East a distance of 116.92 feet to a point; THENCE South 07 degrees 17 minutes 30 seconds West, along the said common line of Lot 14 and Lot 1 a distance of 15.00 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. 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 July 9, 2009.