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HomeMy Public PortalAbout13463ORDINANCE NO. 13463 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 Topping Sanitary Relief (SKME-421) (10199) 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 Town and Country, within the Grand Glaize 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 Topping Sanitary Relief (SKME- 421) (10199) as hereinafter set forth, said easements and temporary easements being more particularly described below: Topping Sanitary Relief M.S.D. Project No. 10199 Parcel #7 A 10.00 FOOT WIDE EASEMENT across Part of Lot 4 in NATHAN RANNELL’S FARM in Sections 32 and 33, Township 45 North, Range 5 East, St Louis County, Missouri and being more particularly described as follows: A 10.00 FOOT WIDE EASEMENT COMMENCING at the northeast corner of a tract of land conveyed to Terry W. McNabb as recorded in Deed Book 9107, Page 1700 of the St. Louis County, Missouri Recorders Office, said northeast corner also being the southeast corner of a tract of land conveyed to Julie A. McCloskey and Doug McCloskey, Trustees of the Julie A. McCloskey and Doug McCloskey revocable Inter Vivos Trust as recorded in Deed Book 11443, Page 1137 of said Recorder’s Office; THENCE North 89 degrees 29 minutes 49 seconds West, along the north line of said tract of land conveyed to Terry W. McNabb, said north line also being the south line of said tract of land conveyed to Julie A. McCloskey and Doug McCloskey, Trustees a distance of 82.55 feet to the POINT OF BEGINNING of the centerline of herein described 10.00 Foot Wide Easement; THENCE South 36 degrees 34 minutes 10 seconds West, along said centerline a distance of 181.89 feet to the POINT OF TERMINATION of herein described 10.00 Foot Wide Easement, said POINT OF TERMINATION also being the center line of an existing easement recorded in Deed Book 4324, Page 320 of said Recorder’s Office, excepting therefrom those portions covered by the said existing easement recorded in Deed Book 4324, Page 320. Also TWO (2) 20.00 FOOT WIDE 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 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT NO. 1 COMMENCING at the said northeast corner of a tract of land conveyed to Terry W. McNabb; THENCE North 89 degrees 29 minutes 49 seconds West, along the said north line, a distance of 88.73 feet to the POINT OF BEGINNING of herein described 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT NO. 1; THENCE South 36 degrees 34 minutes 10 seconds West, along the northwestern line of herein described 10.00 Foot Wide Easement a distance of 178.25 feet to a point; THENCE North 53 degrees 25 minutes 50 seconds West a distance of 20.00 feet to a point; THENCE North 36 degrees 34 minutes 10 seconds East a distance of 163.68 feet to a point; THENCE South 89 degrees 29 minutes 49 seconds East, along the said north line a distance of 24.74 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easement recorded in Deed Book 4324, Page 320 of said Recorder’s Office. A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT NO. 2 COMMENCING at the said northeast corner of a tract of land conveyed to Terry W. McNabb; THENCE North 89 degrees 29 minutes 49 seconds West, along the said north line, a distance of 51.62 feet to the POINT OF BEGINNING of herein described 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT NO. 2: THENCE South 36 degrees 34 minutes 10 seconds West a distance of 200.10 feet to a point; THENCE North 53 degrees 25 minutes 50 seconds West a distance of 20.00 feet to a point; THENCE North 36 degrees 34 minutes 10 seconds East, along the southeastern line of herein described 10.00 Foot Wide Easement, a distance of 185.53 feet to a point; THENCE South 89 degrees 29 minutes 49 seconds East, along the said north line a distance of 24.74 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easement recorded in Deed Book 4324, Page 314 of said Recorder’s Office. The TWO (2) TWENTY FOOT WIDE TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of above described construction. Topping Sanitary Relief M.S.D. Project No. 10199 Parcel #8 TWO (2) 10.00 FOOT WIDE EASEMENTS across Part of Lots 4 and 7 of NATHAN RANNELL’S FARM in Sections 28, 29, 32 and 33, Township 45 North, Range 5 East, St Louis County, Missouri and being more particularly described as follows: 10.00 FOOT WIDE EASEMENT NO. 1 COMMENCING at the northeastern corner of a tract of land conveyed to Julie A. McCloskey and Doug McCloskey, Trustees of the Julie A. McCloskey and Doug McCloskey revocable Inter Vivos Trust as recorded in Deed Book 11443, Page 1137 of the St. Louis County, Missouri Recorders Office said northeastern corner also being the southeastern corner of Lot 120 in Thornhill Estates Plat 6 as recorded in Plat Book 123, Page 50 of said Recorder’s Office; THENCE South 00 degrees 32 minutes 48 seconds West along the eastern line of said tract of land, said eastern line also being the western line of Lot 24 in Thornhill Estates as recorded in Plat Book 91, Page 38 of said Recorder’s Office a distance of 18.40 feet to the southwestern corner of said Lot 24; THENCE South 00 degrees 29 minutes 53 seconds West along said eastern line, said eastern line also being the western line of Lot 7 in Topping Ridge Estates as recorded in Plat Book 282, Page 30 of said Recorder’s Office, a distance of 83.27 feet to the POINT OF BEGINNING of the centerline of herein described 10.00 Foot Wide Easement No. 1; THENCE South 36 degrees 34 minutes 10 seconds West, along said centerline a distance of 140.20 feet to the POINT OF TERMINATION of herein described 10.00 Foot Wide Easement No. 1, said POINT OF TERMINATION also being on the southern line of said tract of land conveyed to Julie A. McCloskey and Doug McCloskey, said southern line also being the northern line of a tract of land conveyed to Terry W. McNabb as recorded in Deed Book 9107, Page 1700 of said Recorder’s Office. 10.00 FOOT WIDE EASEMENT NO. 2 COMMENCING at the said northeastern corner of a tract of land conveyed to Julie A. McCloskey and Doug McCloskey; THENCE South 00 degrees 32 minutes 48 seconds West along said eastern line, said eastern line also being the said western line of Lot 24 a distance of 18.40 feet to the said southwestern corner of said Lot 24; THENCE South 00 degrees 29 minutes 53 seconds West along said eastern line, said eastern line also being the said western line of Lot 7, a distance of 23.10 feet to the POINT OF BEGINNING of the centerline of herein described 10.00 Foot Wide Easement No. 2; THENCE North 52 degrees 48 minutes 59 seconds West, along said centerline a distance of 69.38 feet to the POINT OF TERMINATION of herein described 10.00 Foot Wide Easement No. 2, said POINT OF TERMINATION also being on the southern line of Lot 120 in Thornhill Estates Plat 6 as recorded in Plat Book 123, Page 50 of said Recorder’s Office, excepting therefrom those portions covered by the existing easement recorded in Deed Book 4324, Page 314 of said Recorder’s Office. Also THREE (3) TEMPORARY CONSTRUCTION EASEMENTS for use during the construction of any sewer in the above described sewer easements, said THREE (3) TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as follows: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 1 COMMENCING at the said northeastern corner of a tract of land conveyed to Julie A. McCloskey and Doug McCloskey; THENCE South 00 degrees 32 minutes 48 seconds West along the eastern line of said tract of land, said eastern line also being the said western line of Lot 24, a distance of 18.40 feet to the said southwestern corner of Lot 24; THENCE South 00 degrees 29 minutes 53 seconds West along said eastern line, said eastern line also being the said western line of Lot 7, a distance of 29.34 feet to the Point of Beginning of herein described Temporary Construction Easement No. 1, THENCE South 00 degrees 29 minutes 53 seconds West along said eastern line a distance of 45.44 feet to a point; THENCE South 36 degrees 34 minutes 10 seconds West along the northwestern line of herein described 10.00 Foot Wide Easement No. 1 a distance of 150.70 feet to a point; THENCE North 89 degrees 29 minutes 49 seconds West along said southern line a distance of 24.74 feet to a point; THENCE North 36 degrees 34 minutes 10 seconds East a distance of 181.92 feet to a point; THENCE North 52 degrees 48 minutes 59 seconds West a distance of 31.56 feet to a point; THENCE South 37 degrees 11 minutes 01 seconds West a distance of 10.00 feet to a point; THENCE North 52 degrees 48 minutes 59 seconds West a distance of 37.00 feet to a point; THENCE South 37 degrees 11 minutes 01 seconds West a distance of 18.00 feet to a point; THENCE North 52 degrees 48 minutes 59 seconds West a distance of 50.00 feet to a point; THENCE North 37 degrees 11 minutes 01 seconds East a distance of 24.27 feet to a point; THENCE South 89 degrees 33 minutes 41 seconds East along said northern line a distance of 39.67 feet to a point; THENCE South 52 degrees 48 minutes 59 seconds East along the southwestern line of herein described 10.00 Foot Wide Easement No. 2 a distance of 79.80 feet to the Point of Beginning, excepting therefrom those portions covered by the existing easement recorded in Deed Book 4324, Page 314 of said Recorder’s Office. A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT NO. 2 A 20.00 Foot Wide Temporary Construction Easement No. 2 lying adjacent to the southeastern line of herein described 10.00 Foot Wide Easement No. 1, bounded on the northeast by the said western line of Lot 7 in Topping Ridge Estates and bounded on the southwest by the said northern line of a tract of land conveyed to Terry W. McNabb A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 3 A Variable Width Temporary Construction Easement No. 3 lying adjacent to the northeastern line of herein described 10.00 Foot Wide Easement No. 2, bounded on the north by the said southern line of Lot 120 and bounded on the east by the said western line of Lot 24 and said western line of Lot 7, excepting therefrom those portions covered by the existing easement recorded in Deed Book 4324, Page 314 of said Recorder’s Office. The THREE (3) TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of the above described construction. Topping Sanitary Relief M.S.D. Project No. 10199 Parcel #12 A 10.00 FOOT WIDE EASEMENT across Part of Lot 7 in TOPPING RIDGE ESTATES as recorded in Plat Book 282, Page 30 of St Louis County, Missouri, Recorder’s Office and being more particularly described as follows: 10.00 FOOT WIDE EASEMENT COMMENCING at the northwest corner of Lot 7 in Topping Ridge Estates as recorded in Plat Book 282, Page 30 of said St. Louis County, Missouri Recorders Office, said northwest corner also being the southwest corner of Lot 24 in THORNHILL ESTATES as recorded in Plat Book 91, Page 38 of said Recorder’s Office; THENCE South 89 degrees 31 minutes 12 seconds East along the north line of said Lot 7, said north line also being the south line of said Lot 24, a distance of 54.49 feet to the POINT OF BEGINNING of herein described 10.00 Foot Wide Easement; THENCE South 89 degrees 31 minutes 12 seconds East, along said north line of Lot 7, a distance of 12.37 feet to a point; THENCE South 36 degrees 34 minutes 10 seconds West a distance of 113.55 feet to a point; THENCE North 00 degrees 29 minutes 53 seconds East, along the west line of said Lot 7, said west line also being the east line of a tract of land conveyed to Julie A. McCloskey and Doug McCloskey Trustees as recorded in Deed Book 11443, Page 1137 of said Recorder’s Office, a distance of 16.98 feet to a point; THENCE North 36 degrees 34 minutes 10 seconds East a distance of 36.44 feet to a point; THENCE North 52 degrees 48 minutes 59 seconds West a distance of 26.76 feet to a point; THENCE North 00 degrees 29 minutes 53 seconds East, along said west line of Lot 7, a distance of 12.47 feet to a point; THENCE South 52 degrees 48 minutes 59 seconds East a distance of 34.10 feet to a point; THENCE North 36 degrees 34 minutes 10 seconds East a distance of 46.10 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easements recorded in Plat Book 282, Page 30 of said Recorder’s Office. Also THREE (3) TEMPORARY CONSTRUCTION EASEMENTS for use during the construction of any sewer in the above described sewer easement, said THREE (3) TEMPORARY CONSTRUCTION EASEMENTS 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 northeastern and northwestern lines of herein described 10.00 Foot Wide Easement, bounded on the north by the said north line of Lot 7 and bounded on the west by the said west line of Lot 7, excepting therefrom those portions covered by the existing easement recorded in Plat Book 282, Page 30 of said Recorder’s Office. A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 2 COMMENCING at the said northwest corner of Lot 7; THENCE South 89 degrees 31 minutes 12 seconds East, along the said north line of Lot 7, a distance of 66.86 feet to the POINT OF BEGINNING of herein described Variable Width Temporary Construction Easement No. 2; THENCE South 89 degrees 31 minutes 12 seconds East, along said north line of Lot 7, a distance of 37.12 feet to a point; THENCE South 36 degrees 34 minutes 10 seconds West a distance of 49.00 feet to a point; THENCE North 53 degrees 02 minutes 37 seconds West a distance of 10.00 feet to a point; THENCE South 36 degrees 34 minutes 10 seconds West a distance of 113.95 feet to a point; THENCE North 00 degrees 29 minutes 53 seconds East, along said west line of Lot 7, a distance of 33.97 feet to a point; THENCE North 36 degrees 34 minutes 10 seconds East a distance of 113.55 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easements recorded in Plat Book 282, Page 30 of said Recorder’s Office. A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 3 A Variable Width Temporary Construction Easement No. 3 lying adjacent to the northwestern and southwestern lines of herein described 10.00 Foot Wide Easement, bounded on the west by the said west line of Lot 7, excepting therefrom those portions covered by the existing easement recorded in Plat Book 282, Page 30 of said Recorder’s Office. The THREE (3) TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of the above described 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 August 9, 2012.