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HomeMy Public PortalAbout13142ORDINANCE NO. 13142 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 Brightwell Sanitary Relief SKME-213 (2005053 – 10447) to serve the needs of residents of the area, and authorizing the acquisition of said easements and temporary easements 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 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 temporary easements in real property for the construction of sewers and related appurtenances in the project known as Brightwell Sanitary Relief SKME-213 (2005053 – 10447) as hereinafter set forth, said easements and temporary easements being more particularly described below: Parcel No. 07 A 15.00 FOOT WIDE EASEMENT across part of Lot 1 in WILLIAM E. CROWELL SUBDIVISION as recorded in Plat Book 246, Page 78 of St. Louis County, Missouri Recorder’s Office, said easement being more particularly described as follows: COMMENCING at the southern corner of said Lot 1, said southern corner also being the northwest corner of Lot 2 in said WILLIAM E. CROWELL SUBDIVISION; THENCE North 14 degrees 46 minute 31 seconds West, along the eastern Right of Way line of Woodridge (50’wide) Lane a distance of 21.92 feet to the POINT OF BEGINNING of the centerline of herein described 15.00 FOOT WIDE EASEMENT; THENCE North 36 degrees 05 minutes 23 seconds East a distance of 12.63 feet to an angle point; THENCE North 54 degrees 44 minutes 49 seconds East a distance of 168.98 feet to the POINT OF TERMINATION of herein described 15.00 FOOT WIDE EASEMENT, said POINT OF TERMINATION being North 29 degrees 12 minutes 53 seconds West, along the northeast line of said Lot 1 a distance of 26.27 feet from the east corner of said Lot 1. Also, two (2) TEMPORARY CONSTRUCTION EASEMENTS for use during the construction of any sewer in the above described sewer easement, said TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as follows: A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT NO. 1 adjacent to the northwest line of above described 15.00 FOOT Wide EASEMENT and adjacent to the western side of said northeast line of Lot 1, northwest of above described 15.00 FOOT Wide EASEMENT, bounded on the southwest by the said east Right of Way line of Woodridge (50’ wide) Lane and bounded on the northwest by the northwest line of said Lot 1, excepting there from those portions covered by the existing easements recorded in Deed Book 7014, Page 2185 and Deed Book 5382, Page 88 of said recorder’s office. A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 2 adjacent to the southeast line of above described 15.00 FOOT WIDE EASEMENT, bounded on the southwest by the said east Right of Way line of Woodridge (50’ wide) Lane, bounded on the southeast by the southeast line of said Lot 1 and bounded on the northeast by the northeast line of said Lot 1. The TEMPORARY CONSTRUCTION EASEMENTS NO. 1 and NO. 2 will become null and void upon completion of the above described sewer construction. Parcel No. 10 THREE VARIABLE WIDTH EASEMENT across part of Lot B in FLORVALLEY, a subdivision recorded in Plat Book 48, Page 14 of St. Louis County, Missouri Recorder’s Office, said easements being more particularly described as follows: COMMENCING at the northwest corner of said Lot B, said northwest corner also being the southwest corner of Lot 59 in said FLORVALLEY; THENCE South 14 degrees 46 minute 31 seconds East, along the east Right of Way line of Florval (50’wide) Drive a distance of 88.63 feet to a point of curvature; THENCE 0.87 feet along a curve to the left, said curve also being the said east Right of Way line, having a radius of 231.65 feet and a chord bearing of South 14 degrees 52 minutes 52 seconds East to the POINT OF BEGINNING of herein described VARIABLE WIDTH EASEMENT NO. 1; THENCE North 71 degrees 34 minutes 43 seconds East, along the south line of an existing 20.00 foot wide easement to Metropolitan St. Louis Sewer District a distance of 12.19 feet to a point; THENCE South 01 degrees 23 minutes 53 seconds East a distance of 39.00 feet to a point of curvature; THENCE 37.34 feet along a curve to the right, said curve also being the said east Right of Way line, having a radius of 231.65 feet and a chord bearing of North 19 degrees 36 minutes 22 seconds West to the POINT OF BEGINNING. Also, a 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT NO. 1 for use during the construction of any sewer in the above described sewer easement, said temporary construction easement being more particularly described as follows: A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT NO. 1 adjacent to the east line of above described VARIABLE Width EASEMENT NO. 1 bounded on the west by the said east Right of Way and bounded on the north by the said south line of an existing 20.00 foot wide easement to Metropolitan St. Louis Sewer District. COMMENCING at the northwest corner of said Lot B, said northwest corner also being the southwest corner of said Lot 59; THENCE South 14 degrees 46 minutes 31 seconds East, along the said east Right of Way line of Florval (50’wide) Drive a distance of 52.56 feet to the POINT OF BEGINNING of herein described VARIABLE WIDTH EASEMENT NO. 2; THENCE North 71 degrees 52 minutes 04 seconds East a distance of 108.90 feet to a point; THENCE South 36 degrees 00 minutes 38 seconds West, along the northwest line of said existing 20.00 foot wide easement to Metropolitan St. Louis Sewer District a distance of 28.05 feet to an angle point of said existing 20.00 foot wide easement; THENCE South 71 degrees 34 minutes 43 seconds West, along the northern line of said existing 20.00 foot wide easement a distance of 87.16 feet to a point; THENCE North 14 degrees 46 minutes 31 seconds West, along the said east Right of Way line a distance of 16.90 feet to the POINT OF BEGINNING. Also, a 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT NO. 2 for use during the construction of any sewer in the above described sewer easement, said temporary construction easement being more particularly described as follows: A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT NO. 2 adjacent to the northern line of above described VARIABLE Width EASEMENT NO. 2 bounded on the west by the said east Right of Way and bounded on the southeast by the said northwest line of an existing 20.00 foot wide easement to Metropolitan St. Louis Sewer District. COMMENCING at the northwest corner of said Lot B, said northwest corner also being the southwest corner of said Lot 59; THENCE North 75 degrees 13 minutes 29 seconds East, along the common line between said Lot 59 and said Lot B a distance of 140.00 feet to a point; THENCE South 14 degrees 46 minutes 31 seconds East, along the west line of an existing 10.00 foot wide easement as recorded in said Plat Book 48, Page 14 a distance of 46.47 feet to the POINT OF BEGINNING of herein described VARIABLE WIDTH EASEMENT NO. 3; THENCE South 14 degrees 46 minutes 31 seconds East, along the said west line of an existing 10.00 foot wide easement a distance of 91.46 feet to a point; THENCE South 55 degrees 16 minutes 38 seconds West, along the northwest Right of Way line of Lindbergh (variable width) Boulevard a distance of 17.96 feet to a point; THENCE North 14 degrees 17 minutes 45 seconds West a distance of 84.39 feet to a point; THENCE North 36 degrees 00 minutes 38 seconds East, along the southeast line of said existing 20.00 foot wide easement to Metropolitan St. Louis Sewer District a distance of 20.88 feet to the POINT OF BEGINNING. Also, a VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 3 for use during the construction of any sewer in the above described sewer easement, said temporary construction easement being more particularly described as follows: COMMENCING at the northwest corner of said Lot B, said northwest corner also being the southwest corner of said Lot 59; THENCE North 75 degrees 13 minutes 29 seconds East along the said common line between Lot 59 and Lot B a distance of 140.00 feet to a point; THENCE South 14 degrees 46 minutes 31 seconds East, along the said west line of an existing 10.00 foot wide easement a distance of 46.47 feet to a point; THENCE South 36 degrees 00 minutes 38 seconds West, along the northwest line of above described VARIABLE WIDTH EASEMENT NO. 3 a distance of 20.88 feet to the POINT OF BEGINNING of herein described VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 3; THENCE South 14 degrees 17 minutes 45 seconds East, along the west line of above described VARIABLE WIDTH EASEMENT NO. 3 a distance of 84.39 feet to a point; THENCE South 55 degrees 16 minutes 38 seconds West, along the northwest Right of Way line of Lindbergh (variable width) Boulevard a distance of 10.67 feet to a point; THENCE North 14 degrees 17 minutes 45 seconds West a distance of 55.00 feet to a point; THENCE South 75 degrees 42 minutes 15 seconds West a distance of 5.00 feet to a point; THENCE North 14 degrees 17 minutes 45 seconds West a distance of 20.67 feet to a point; THENCE North 36 degrees 00 minutes 38 seconds East, along the said southeast line of an existing 20.00 foot wide easement a distance of 19.49 feet to the POINT OF BEGINNING. The TEMPORARY CONSTRUCTION EASEMENTS NO. 1, NO. 2 and NO. 3 will become null and void upon completion of the above described sewer construction. Parcel No. 12 A 15.00 FOOT WIDE EASEMENT across a tract of land conveyed to KBE, LLC by deed recorded in Deed Book 15888, Page 2628 of the St. Louis County, Missouri Recorder’s Office, being in Block 55 of ST. FERDINAND COMMONS, Township 47 North, Range 6 East, said easement being more particularly described as follows: A 15.00 FOOT WIDE EASEMENT adjacent to the southeast line of said tract of land conveyed to KBE, LLC, said southeast line also being the northwest right-of-way line of Lindbergh (variable width) Boulevard, bounded on the southwest by the southwest line of said tract of land, said southwest line also being the northeast line of Lot 1 in KEN BEHLMANN ESTATES a subdivision recorded in Plat Book 214, Page 5 of said recorder’s office and bounded on the northeast by the southwest right-of-way line of said Lindbergh (variable width) Boulevard. Also, a 15.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the construction of any sewer in the above described sewer easement, said 15.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows: A 15.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT adjacent to the northwest line of above described 15.00 FOOT Wide EASEMENT, bounded on the southwest by the southwest line of said tract of land, said southwest line also being the said northeast line of Lot 1 and bounded on the northeast by the northwest right-of-way line of said Lindbergh (variable width) Boulevard and the northeast line of said tract of land conveyed to KBE, LLC, said northeast line also being the southwest line of a tract of land conveyed to Esperanza M. Pimentel by deed recorded in Deed Book 13305, Page 1916 of said recorder’s office. The TEMPORARY CONSTRUCTION EASEMENT 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 October 14, 2010.