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HomeMy Public PortalAbout12941ORDINANCE NO. 12941 AN ORDINANCE, amending Ordinance No. 12916, as adopted July 9, 2009, by repealing Section One, and enacting a new Section One in lieu thereof in order to identify the Parcel Numbers. WHEREAS, Section One of Ordinance No. 12916, as adopted July 9, 2009, provided the legal property descriptions, it did not indicate the associated parcel number, and said legal property descriptions should be amended to include the associated parcel number. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. Section One of Ordinance No. 12916, as adopted July 9, 2009, is hereby repealed in order to amend the legal property descriptions to include the associated parcel number. Section Two. A new Section One of Ordinance 12916 is hereby enacted to read as follows: 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 Mason Valley Sanitary Relief (Lower) (SKME-420) (2006046B) as hereinafter set forth, said easements and licenses being more particularly described below: Mason Valley Sanitary Relief (Lower) (SKME-420) M.S.D. Project No. 2006046B Parcel No. 07 A 10.00 FOOT WIDE EASEMENT across part of Lot 3 in P.S. Manchester Subdivision as recorded in Plat Book 299, Page 96 of the St. Louis County, Missouri Recorder's Office, being more particularly described as follows: COMMENCING at the northwest corner of Lot 3 in Dwyer Office Park as recorded in Plat Book 217, Pages 38 and 39 of said Recorder's Office, said northwest corner also being the southeast corner of said Lot 3 in P.S. Manchester Subdivision; THENCE North 77 degrees 41 minutes 13 seconds East, along the south line of said Lot 3 in P.S. Manchester Subdivision, said south line also being the north line said Lot 3 in Dwyer Office Park a distance of 12.00 feet to the POINT OF BEGINNING of herein described centerline of a 10.00 FOOT WIDE EASEMENT NO. 1; THENCE North 04 degrees 52 minutes 56 seconds East, along said centerline a distance of 192.67 feet to a point; THENCE North 17 degrees 58 minutes 50 seconds East a distance of 93.00 feet to a point; THENCE North 08 degrees 31 minutes 17 seconds West a distance of 117.08 feet to POINT “A”; THENCE North 08 degrees 31 minutes 17 seconds West a distance of 42.41 feet to the POINT OF TERMINATION of the centerline of herein described 10.00 FOOT WIDE EASEMENT NO. 1, said POINT OF TERMINATION being on the northern line of said Lot 3 in P.S. Manchester Subdivision, said northern line also being the right of way line of Barrett Parkway Drive, excepting therefrom those portions covered by the existing easements recorded in Plat Book 299, Page 96 and Deed Book 7568, Page 743. BEGINNING at the above described POINT “A”; THENCE North 61 degrees 28 minutes 43 seconds East, along the centerline of a 10.00 FOOT WIDE EASEMENT NO. 2 a distance of 18.01 feet to the POINT OF TERMINATION of the centerline of the herein described 10.00 FOOT WIDE SEWER EASEMENT NO. 2, excepting therefrom those portions covered by the existing easement recorded in Deed Book 7568, Page 743. Also, two (2) 20.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSES for use during the construction of any sewer in the above described 10.00 FOOT WIDE EASEMENTS, said TEMPORARY CONSTRUCTION LICENSES being more particularly described as follows: A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE NO. 1 adjacent to the west lines of above described 10.00 FOOT WIDE EASEMENT NO. 1, bounded on the west by the west line of said Lot 3, bounded on the south by the south line of said Lot 3 and bounded on the north by the said northern line of Lot 3, excepting therefrom those portions covered by the existing easements recorded in Plat Book 299, Page 96 and Deed Book 7568, Page 743. A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE NO. 2 adjacent to the east lines of above described 10.00 FOOT WIDE SEWER EASEMENT NO. 1 and NO. 2, bounded on the east by the east line of said Lot 3, bounded on the south by the south line of said Lot 3 and bounded on the north by the said northern line of Lot 3, excepting therefrom those portions covered by the existing easements recorded in Plat Book 299, Page 96 and Deed Book 7568, Page 743. TEMPORARY CONSTRUCTION LICENSES NO.1 and NO.2 will become null and void upon completion of the above described sewer construction. Mason Valley Sanitary Relief (Lower) (SKME-420) M.S.D. Project No. 2006046B Parcel No. 08 A 10.00 FOOT WIDE EASEMENT across part of Parcel 2B of SUBDIVISION OF PARCEL 2 AMENDED BOUNDARY ADJUSTMENT PLAT THE MARKETPLACE, a subdivision recorded in Plat Book 280, Page 30 of the St. Louis County, Missouri Recorder’s Office, said easement being more particularly described as follows: COMMENCING at the northeast corner of said Parcel 2B; THENCE South 71 degrees 56 minute 41 seconds West, along the north line of said Parcel 2B, said north line also being the south line of Amended Parcel No. 1 of AMENDED BOUNDARY ADJUSTMENT PLAT THE MARKETPLACE, a subdivision recorded in Plat Book 270, Page 17 of said Recorder’s Office a distance of 45.74 feet to the POINT OF BEGINNING of the centerline of herein described 10.00 FOOT WIDE EASEMENT NO. 1; THENCE South 23 degrees 38 minute 33 seconds East a distance of 122.37 feet to a point; THENCE South 09 degrees 06 minutes 04 seconds East a distance of 450.00 feet to a point; THENCE South 08 degrees 31 minutes 17 seconds East a distance of 0.79 feet to POINT A; THENCE South 08 degrees 31 minutes 17 seconds East a distance of 96.85 feet to the POINT OF TERMINATION of the said centerline of herein described 10.00 FOOT WIDE EASEMENT NO. 1, said POINT OF TERMINATION also being on the north right of way line of Manchester (variable width) Road as widened by Deed Book 8071, Page 1194 of said Recorder’s Office, excepting therefrom those portions covered by the existing easements recorded in Deed Book 4366, Page 297 and Deed Book 6291, Page 878. A 10.00 FOOT WIDE EASEMENT NO. 2 beginning at the about described POINT A; THENCE North 89 degrees 44 minutes 54 seconds West a distance of 25.27 feet to the POINT OF TERMINATION of the centerline of herein described 10.00 FOOT WIDE EASEMENT NO. 2, said POINT OF TERMINATION also being on the east line of an existing 10 foot wide easement to Metropolitan St. Louis Sewer District as recorded in Deed Book 7502, Page 1732 of said Recorder’s Office. Also, three (3) 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 20.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE NO. 1 lying adjacent to the west side of above described 10.00 FOOT WIDE EASEMENT NO. 1, bounded on the north by the said north line of Parcel 2B and bounded on the south by the north line of above described 10.00 FOOT WIDE EASEMENT NO. 2 and the north line of said existing 10 foot wide easement to Metropolitan St. Louis Sewer District as recorded in Deed Book 7502, Page 1732, excepting therefrom those portions covered by the existing easements recorded in Deed Book 4366, Page 297 and Deed Book 6291, Page 878. A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE NO. 2 lying adjacent to the east side of above described 10.00 FOOT WIDE EASEMENT NO. 1, bounded on the north by the said north line of Parcel 2B and bounded on the south by the said north right of way line of Manchester (variable width) Road, excepting therefrom those portion lying in Parcel 2A and those portions covered by the existing easements recorded in Deed Book 4366, Page 297, Deed Book 6291, Page 878 and Deed Book 7589, Page 1909. A VARIABLE WIDTH TEMPORARY CONSTRUCTION LICENSE NO. 3 lying adjacent to the west side of above described 10.00 FOOT WIDE EASEMENT NO. 1, bounded on the north by the south line of above described 10.00 FOOT WIDE EASEMENT NO. 2, bounded on the south by the said north right of way line of Manchester (variable width) Road and bounded on the west by the west line of said Parcel 2B, said west line of Parcel 2B also being the east line of a parcel of land recorded in Deed Book 15800, Page 2979. TEMPORARY CONSTRUCTION LICENSE NO. 1, NO. 2 and NO. 3 will become null and void upon completion of the above described sewer construction. Section Two. Counsel for The Metropolitan St. Louis Sewer District 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 August 13, 2009.