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HomeMy Public PortalAbout13462O RDINANCE NO. 13462 AN ORDINANCE, declaring the necessity for the acquisition of easements and temporary easements 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 Stonington Sanitary Relief (SKME) (10185) to serve the needs of residents of the area, and authorizing the acquisition of said easements and temporary construction 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, in the City of Frontenac, within the Deer 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 construction easements in real property for the construction of sewers and related appurtenances in the project known as Stonington Sanitary Relief (SKME) (10185) as hereinafter set forth, said easements and temporary easements being more particularly described below: Stonington Sanitary Relief (SKME-652) M.S.D. Project No. 10185 Parcel #2 A 10.00 FOOT WIDE EASEMENT across part of Lot 1 in Le Chateau Village as recorded in Plat Book 346, Pages 799 and 800 of St Louis County, Missouri Recorder’s Office and being more particularly described as follows: COMMENCING at the southwest corner of Lot 1 in Le Chateau Village as recorded in Plat Book 346, Pages 799 and 800 of St Louis County, Missouri Recorder’s Office, said southwest corner of Lot 1 also being the southeast corner of a tract of land conveyed to Frontenac Grove LLC as recorded in Deed Book 16847 Page 2050 of said Recorder’s Office; THENCE North 00 degrees 53 minutes 11 seconds East, along the west line of said Lot 1, said west line also being the east line of a tract of land conveyed to Frontenac Grove LLC, a distance of 33.18 feet to the POINT OF BEGINNING of herein described 10.00 FOOT WIDE EASEMENT; THENCE North 87 degrees 19 minutes 52 seconds East a distance of 44.64 feet to a point; THENCE North 80 degrees 39 minutes 39 seconds East a distance of 212.05 feet to a point; THENCE North 45 degrees 36 minutes 21 seconds East a distance of 249.43 feet to a point; THENCE North 44 degrees 42 minutes 57 seconds East a distance of 149.25 feet to the POINT OF TERMINATION of herein described 10.00 FOOT WIDE EASEMENT, said POINT OF TERMINATION also being on the east line of said Lot 1, said east line also being the west line of a tract of land conveyed to B & F Enterprises LLC as recorded in Deed Book 11210 Page 89 of said Recorder’s Office; excepting therefrom those portions covered by the existing easements recorded in Deed Book 3946 Page 308, Deed Book 6560 Page 2189 and Deed Book 9991 Page 1001 of said Recorder’s Office. Also TWO (2) TEMPORARY CONSTRUCTION EASEMENTS for use during the construction of any sewer in the above described sewer easement and being more particularly described as follows: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 1 COMMENCING at the said southwest corner of Lot 1; THENCE North 00 degrees 53 minutes 11 seconds East, along the said west line of Lot 1, a distance of 38.19 feet to the POINT OF BEGINNING of herein described VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 1; THENCE North 00 degrees 53 minutes 11 seconds East, along said west line of Lot 1, a distance of 20.04 feet to a point; THENCE North 87 degrees 19 minutes 52 seconds East a distance of 41.63 feet to a point; THENCE North 80 degrees 39 minutes 39 seconds East a distance of 202.70 feet to a point; THENCE North 45 degrees 36 minutes 21 seconds East a distance of 241.34 feet to a point; THENCE North 44 degrees 42 minutes 57 seconds East a distance of 152.14 feet to a point; THENCE North 01 degrees 16 minutes 59 seconds East a distance of 148.65 feet to a point; THENCE South 89 degrees 11 minutes 49 seconds East, along the north line of said Lot 1, said north line also being the south line of Lot 3 in said Le Chateau Village, a distance of 14.63 feet to a point; THENCE South 00 degrees 48 minutes 11 seconds West, along said east line of Lot 1, a distance of 161.00 feet to a point; THENCE along the northwestern and northern lines of herein described 10.00 FOOT WIDE EASEMENT the following bearings and distances: South 44 degrees 42 minutes 57 seconds West a distance of 154.41 feet, South 45 degrees 36 minutes 21 seconds West a distance of 247.81 feet, South 80 degrees 39 minutes 39 seconds West a distance of 210.18 feet and South 87 degrees 19 minutes 52 seconds West a distance of 44.03 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easements recorded in Deed Book 3946 Page 308, Deed Book 6560 Page 2189 and Deed Book 9991 Page 1001 of said Recorder’s Office. A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT NO. 2 COMMENCING at the said southwest corner of Lot 1; THENCE North 00 degrees 53 minutes 11 seconds East, along the said west line of Lot 1, a distance of 8.13 feet to the POINT OF BEGINNING of herein described VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 2; THENCE North 87 degrees 19 minutes 52 seconds East a distance of 47.65 feet to a point; THENCE North 80 degrees 39 minutes 39 seconds East a distance of 221.41 feet to a point; THENCE North 45 degrees 36 minutes 21 seconds East a distance of 88.21 feet to a point; THENCE South 44 degrees 18 minutes 09 seconds East a distance of 27.18 feet to a point on the North line of an easement recorded in Deed Book 3946 Page 308; THENCE along the North line of an easement recorded in Deed Book 3946 Page 308 the following bearings and distances: North 81 degrees 34 minutes 11 seconds East a distance of 8.55 and North 19 degrees 10 minutes 11 seconds East a distance of 25.79 feet to a point; THENCE North 44 degrees 18 minutes 09 seconds West a distance of 20.73 feet to a point; THENCE North 45 degrees 36 minutes 21 seconds East a distance of 139.31 feet to a point; THENCE North 44 degrees 42 minutes 57 seconds East a distance of 123.48 feet to a point; THENCE North 00 degrees 48 minutes 11 seconds East, along said east line of Lot 1, a distance of 28.84 feet to a point; THENCE along the southeastern and southern lines of herein described 10.00 FOOT WIDE EASEMENT the following bearings and distances: South 44 degrees 42 minutes 57 seconds West a distance of 144.10 feet, South 45 degrees 36 minutes 21 seconds West a distance of 251.05 feet, South 80 degrees 39 minutes 39 seconds West a distance of 213.92 feet and South 87 degrees 19 minutes 52 seconds West a distance of 45.24 feet to a point; THENCE South 00 degrees 53 minutes 11 seconds West a distance of 20.04 to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easements recorded in Deed Book 3946 Page 308, Deed Book 3946 Page 311, Deed Book 6560 Page 2189 and Deed Book 9991 Page 1001 of said Recorder’s Office. The TWO (2) TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of the above described construction. Stonington Sanitary Relief (SKME-652) M.S.D. Project No. 10185 Parcel #4 A 10.00 FOOT WIDE EASEMENT across a tract of land conveyed to B and F Enterprises LLC as recorded in Deed Book 11210, Pages 89 (parcel 2) of St Louis County, Missouri Recorder’s Office and being more particularly described as follows: COMMENCING at the northwest corner of said tract of land conveyed to B and F Enterprises LLC, said northwest corner also being the northeast corner of Lot 3 in Le Chateau Village as recorded in Plat Book 346, Pages 799 and 800 of said Recorder’s Office; THENCE South 89 degrees 46 minutes 06 seconds East, along the north line of said tract of land conveyed to B and F Enterprises LLC (parcel 2), said north line also being the south right-of-way line of Interstate (width varies) Highway 64 (formerly U.S. Highway 40), a distance of 17.55 feet to the POINT OF BEGINNING of herein described 10.00 FOOT WIDE EASEMENT; THENCE South 01 degrees 16 minutes 59 seconds West a distance of 295.66 feet to the POINT OF TERMINATION of herein described 10.00 FOOT WIDE EASEMENT, said POINT OF TERMINATION being on the south line of said tract of land conveyed to B and F Enterprises LLC (parcel 2); excepting therefrom those portions covered by the existing easement recorded in Deed Book 11624 Page 852 of said Recorder’s Office. Also TWO (2) TEMPORARY CONSTRUCTION EASEMENTS for use during the construction of any sewer in above described sewer easement and being more particularly described as follows: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 1 A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 1 lying adjacent to the west line of herein described 10.00 FOOT WIDE EASEMENT, bounded on the north by the said north line of a tract of land conveyed to B and F Enterprises LLC, bounded on the west by the west line of said tract of land conveyed to B and F Enterprises LLC, said west line also being the east line of said Lot 3 in Le Chateau Village and bounded on the south by the said south line of a tract of land conveyed to B and F Enterprises LLC (parcel 2); excepting therefrom those portions covered by the existing easement recorded in Deed Book 11624 Page 852 of said Recorder’s Office. A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 2 A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 2 lying adjacent to the east line of herein described 10.00 FOOT WIDE EASEMENT, bounded on the north by the said north line of a tract of land conveyed to B and F Enterprises LLC, bounded on the east by the west line of said tract of land conveyed to B and F Enterprises LLC (parcel 1) and bounded on the south by the said south line of a tract of land conveyed to B and F Enterprises LLC (parcel 2); excepting therefrom those portions covered by the existing easement recorded in Deed Book 11624 Page 852 of said Recorder’s Office. The TWO (2) TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of above described construction. Stonington Sanitary Relief (SKME-652) M.S.D. Project No. 10185 Parcel #5 A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT across part of Lot 3 in Le Chateau Village as recorded in Plat Book 346, Pages 799 & 800 of St Louis County, Missouri Recorder’s Office and being more particularly described as follows: BEGINNING at the northeast corner of said Lot 3 in Le Chateau Village; THENCE South 00 degrees 48 minutes 11 seconds West, along the east line of said Lot 3, said east line also being the west line of a tract of land conveyed to B & F Enterprises LLC (parcel 2) as recorded in Deed Book 11200 Page 89 of said Recorder’s Office, a distance of 259.41 feet to a point; THENCE North 89 degrees 11 minutes 49 seconds West, along the south line of said Lot 3, a distance of 14.63 feet to a point; THENCE North 01 degrees 16 minutes 59 seconds East a distance of 89.79 feet to a point; THENCE North 88 degrees 43 minutes 01 seconds West a distance of 30.00 feet to a point; THENCE North 01 degrees 16 minutes 59 seconds East a distance of 168.95 feet to a point; THENCE South 89 degrees 46 minutes 06 seconds East, along the north line of said Lot 3, said north line also being the south right-of-way line of Interstate (width varies) Highway 64 (formerly U.S. Highway 40), a distance of 42.46 feet to the POINT OF BEGINNING of herein described VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT, excepting therefrom those portions covered by the existing easement recorded in Deed Book 11624 Page 857 of said Recorder’s Office. This TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of construction. Stonington Sanitary Relief (SKME-652) M.S.D. Project No. 10185 Parcel #6 A 10.00 FOOT WIDE EASEMENT across a tract of land conveyed to B and F Enterprises LLC as recorded in Deed Book 11210 Page 89 (parcel 1) of St Louis County, Missouri Recorder’s Office and being more particularly described as follows: COMMENCING at the northeast corner of Lot 3 in Le Chateau Village as recorded in Plat Book 346, Pages 799 and 800 of said Recorder’s Office, said northeast corner also being the northwest corner of a tract of land conveyed to B and F Enterprises LLC as recorded in Deed Book 11210 Page 89 (parcel 2) of St Louis County, Missouri Recorder’s Office; THENCE South 00 degrees 48 minutes 11 seconds West, along the east line of said Lot 3, said east line also being the west line of said tract of land conveyed to B and F Enterprises LLC (parcel 2), a distance of 295.62 feet to a point; THENCE South 89 degrees 44 minutes 49 seconds East, along the south line of said tract of land conveyed to B and F Enterprises LLC (parcel 2), said south line also being the north line of said tract of land conveyed to B and F Enterprises LLC (parcel 1), a distance of 15.07 feet to the POINT OF BEGINNING of herein described 10.00 FOOT WIDE EASEMENT; THENCE South 01 degrees 16 minutes 59 seconds West a distance of 117.52 feet to a point; THENCE South 44 degrees 42 minutes 57 seconds West a distance of 20.31 feet to the POINT OF TERMINATION of herein described 10.00 FOOT WIDE EASEMENT, said POINT OF TERMINATION also being on the west line of said tract of land conveyed to B and F Enterprises LLC (parcel 1), said west line also being the said east line of Lot 3. Also TWO (2) VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS for use during the construction of any sewer in above described sewer easement and being more particularly described as follows: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 1 COMMENCING at the said northeast corner of Lot 3; THENCE South 89 degrees 46 minutes 06 seconds East, along the north line of said tract of land conveyed to B and F Enterprises LLC (parcel 2), said north line also being the south right-of-way line of Interstate (width varies) Highway 64 (formerly U.S. Highway 40), a distance of 35.00 feet to the POINT OF BEGINNING; THENCE South 70 degrees 08 minutes 49 seconds East, along the southwestern right-of-way line of said Interstate (width varies) Highway 64, a distance of 18.52 feet to a point; THENCE South 01 degrees 16 minutes 59 seconds West a distance of 164.48 feet to a point; THENCE North 88 degrees 43 minutes 01 seconds West a distance of 10.00 feet to a point; THENCE South 01 degrees 16 minutes 59 seconds West a distance of 126.29 feet to a point; THENCE South 37 degrees 49 minutes 12 seconds West a distance of 25.20 feet to a point; THENCE South 01 degrees 16 minutes 59 seconds West a distance of 122.39 feet to a point; THENCE South 44 degrees 42 minutes 57 seconds West a distance of 34.42 feet to a point; THENCE North 00 degrees 48 minutes 11 seconds East, along the said west line of a tract of land conveyed to B and F Enterprises LLC (parcel 1), said west line also being the said east line of Lot 3, a distance of 28.84 feet to a point; THENCE along the southeast and east lines of herein described 10.00 FOOT WIDE EASEMENT the following bearings and distances: North 44 degrees 42 minutes 57 seconds East a distance of 27.50 feet and North 01 degrees 16 minutes 59 seconds East a distance of 119.60 feet; THENCE South 89 degrees 44 minutes 49 seconds East, along the said south line of a tract of land conveyed to B and F Enterprises LLC (parcel 2), a distance of 14.92 feet to a point; THENCE North 00 degrees 48 minutes 11 seconds East, along the said east line of a tract of land conveyed to B and F Enterprises LLC (parcel 2), a distance of 295.63 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easement recorded in Deed Book 11624 Page 858 of said Recorder’s Office. A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 2 A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 2 lying adjacent to the west and northwest lines of herein described 10.00 FOOT WIDE EASEMENT, bounded on the north by the said south line of a tract of land conveyed to B and F Enterprises LLC (parcel 2) and bounded on the west by the west line of said tract of land conveyed to B and F Enterprises LLC (parcel 1), said west line also being the said east line of Lot 3. The TWO (2) TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of above described construction. Stonington Sanitary Relief (SKME-652) M.S.D. Project No. 10185 Parcel #10 A 10.00 FOOT WIDE EASEMENT across part of Lot 11 in CLAYTON TERRACE as recorded in Plat Book 18, Pages 24 & 25 of St Louis County, Missouri Recorder’s Office and being more particularly described as follows: COMMENCING at the northeast corner of said Lot 11 in CLAYTON TERRACE, said northeast corner also being on the center line of Clayton (30 foot wide) Terrace (formerly Anderson Drive); THENCE North 89 degrees 10 minutes 53 seconds West a distance of 15.00 feet to a point; THENCE South 00 degrees 46 minutes 37 seconds West, along the west right-of-way line of said Clayton Terrace, a distance of 150.94 feet to a point; THENCE 18.77 feet along a curve to the right having a radius of 1,010.52 and a chord bearing of South 73 degrees 25 minutes 24 seconds West to the POINT OF BEGINNING of herein described centerline of said 10.00 FOOT WIDE EASEMENT; THENCE North 09 degrees 49 minutes 09 seconds West a distance of 46.80 feet to the POINT OF TERMINATING of herein described centerline; excepting therefrom those portions covered by the existing easements recorded in Deed Book 10248, Page 1186, Deed Book 3948, Page 479 and Plat Book 18, Pages 24 & 25 of said Recorder’s Office. 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 August 9, 2012.