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HomeMy Public PortalAbout13881ORDINANCE NO. 13881 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 UR- 10 Mendell and Wolter Sanitary Relief (SKME-595) (10027) in the Cities of Vinita Park and University City, Missouri, to serve the needs of residents of the area, and authorizing staff to proceed with further condemnation efforts related to the project, including but not limited to the purchase and/or the filing of all necessary court pleadings or documents to commence and prosecute formal legal proceedings for the acquisition of said easements and temporary construction easements. WHEREAS, there exists within The Metropolitan St. Louis Sewer District an area in various municipalities of the County of St. Louis within the University City Branch River Des Peres 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 UR-10 Mendell and Wolter Sanitary Relief (SKME-595) (10027) in the Cities of Vinita Park and University City, Missouri, as hereinafter set forth, said easements and temporary easements being more particularly described below: Parcel #2 A VARIABLE WIDTH EASEMENT across a tract of land conveyed to ART Mortgage Borrower Propco 2010-5 LLC as recorded in Deed Book 19296 Page 443 of the St. Louis County, Missouri Recorder’s Office and being more particularly described as follows: BEGINNING at the northeastern corner of said tract of land, said northeastern corner also being the southeastern corner of a tract of land conveyed to the City of Vinita Park as recorded in Deed Book 8481 Page 284 of said Recorder’s Office; THENCE South 00 degrees 04 minutes 06 seconds West along the eastern line of said tract of land conveyed to ART Mortgage Borrower Propco 2010-5 LLC, said eastern line also being the western right-of-way line of Wolter (25.00 foot wide) Avenue a distance of 894.77 feet to the southeastern corner of said tract of land conveyed to ART Mortgage Borrower Propco 2010-5 LLC; THENCE North 89 degrees 52 minutes 29 seconds West along the southern line said tract of land conveyed to ART Mortgage Borrower Propco 2010-5 LLC, said southern line also being the northern line of a tract of land conveyed to VI Jon Laboratories, Inc by Deed Book 12047 Page 1348 of said Recorder’s Office a distance of 12.00 feet to a point; THENCE North 00 degrees 04 minutes 06 seconds East a distance of 734.89 feet to a point; THENCE North 21 degrees 59 minutes 13 seconds East a distance of 18.75 feet to a point; THENCE North 00 degrees 04 minutes 06 seconds East a distance of 142.47 feet to a point; THENCE North 89 degrees 53 minutes 31 seconds East along the northern line of said tract of land conveyed to ART Mortgage Borrower Propco 2010-5 LLC, said northern line also being the southern line of said tract of land conveyed to the City of Vinita Park a distance of 5.00 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easement recorded in Deed Book 6515 Page 1180 of said Recorder’s Office. A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT for use during the construction of any sewer in the above described sewer easement, said VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT COMMENCING at the said southeastern corner; THENCE North 89 degrees 52 minutes 29 seconds West along said southern line a distance of 12.00 feet to the POINT OF BEGINNING; THENCE North 89 degrees 52 minutes 29 seconds West along said southern line a distance of 10.00 feet to a point; THENCE North 00 degrees 04 minutes 06 seconds East a distance of 287.12 feet to a point; THENCE South 89 degrees 55 minutes 54 seconds East a distance of 2.00 feet to a point; THENCE North 00 degrees 04 minutes 06 seconds East a distance of 102.09 feet to a point; THENCE North 89 degrees 55 minutes 54 seconds West a distance of 2.00 feet to a point; THENCE North 00 degrees 04 minutes 06 seconds East a distance of 347.60 feet to a point; THENCE North 21 degrees 59 minutes 13 seconds East a distance of 45.54 feet to a point; THENCE along the western lines of herein described VARIABLE WIDTH EASEMENT the following bearings and distances: South 00 degrees 04 minutes 06 seconds West a distance of 26.79 feet to a point, South 21 degrees 59 minutes 13 seconds West a distance of 18.75 feet to a point and South 00 degrees 04 minutes 06 seconds West a distance of 734.89 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easement recorded in Deed Book 6515 Page 1180 of said Recorder’s Office. The VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above described construction. Parcel #3 THREE EASEMENTS across a tract of land conveyed to VI Jon Laboratories, Inc as recorded in Deed Book 12047 Page 1348 of the St. Louis County, Missouri Recorder’s Office and being more particularly described as follows: A VARIABLE WIDTH EASEMENT #1 BEGINNING at the northeastern corner of said tract of land, said northeastern corner also being the southeastern corner of a tract of land conveyed to Art Mortgage Borrower Propco, LLC as recorded in Deed Book 19296 Page 443 of said Recorder’s Office; THENCE South 00 degrees 04 minutes 06 seconds West along the eastern line of said tract of land conveyed to VI Jon Laboratories, Inc, said eastern line also being the western right-of-way line of Wolter (25.00 foot wide) Avenue a distance of 324.59 feet to a point; THENCE South 36 degrees 49 minutes 49 seconds West a distance of 16.71 feet to a point; THENCE South 36 degrees 49 minutes 49 seconds West along the northwester line of an existing easement to Metropolitan St. Louis Sewer District as recorded in Deed Book 6826 Page 1294 of said Recorder’s Office a distance of 22.24 feet to a point; THENCE North 03 degrees 27 minutes 25 seconds East a distance of 191.39 feet to a point; THENCE North 00 degrees 04 minutes 06 seconds East a distance of 164.76 feet to a point; THENCE South 89 degrees 52 minutes 29 seconds East along the northern line of said tract of land, said northern line also being the southern line of said tract of land conveyed to Art Mortgage Borrower Propco, LLC a distance of 12.00 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easements recorded in Deed Book 9642 Page 1850 and Deed Book 3614 Page 314 of said Recorder’s Office. A VARIABLE WIDTH EASEMENT #2 BEGINNING at the said northeastern corner; THENCE South 00 degrees 04 minutes 06 seconds West along the said eastern line a distance of 591.00 feet to a point; THENCE North 89 degrees 52 minutes 29 seconds West along the northern line of an existing 20.00 foot wide easement to Metropolitan St. Louis Sewer District as recorded in Deed Book 3614 Page 314 of said Recorder’s Office a distance of 125.61 feet to the POINT OF BEGINNING; THENCE North 89 degrees 52 minutes 29 seconds West along said northern line of an existing 20.00 foot wide easement a distance of 23.37 feet to a point; THENCE North 36 degrees 49 minutes 49 seconds East along the southeastern line of an existing 10.00 foot wide easement to Metropolitan St. Louis Sewer District as recorded in said Deed Book 3614 Page 314 a distance of 14.03 feet to a point; THENCE South 52 degrees 58 minutes 26 seconds East a distance of 18.74 feet to the POINT OF BEGINNING. A 10.00 FOOT WIDE EASEMENT #3 COMMENCING at the northwestern corner of Adjusted Lot B of Boundary Adjustment Plat of #8417 & 8433 Page Avenue as recorded in Plat Book 358 Page 153 of said Recorder’s Office; THENCE South 21 degrees 53 minutes 41 seconds West along the southeastern line of said tract of land conveyed to VI Jon Laboratories, Inc, said southeastern line also being the northwestern line of said Adjusted Lot B a distance of 46.51 feet to the POINT OF BEGINNING of the centerline of herein described 10.00 FOOT WIDE EASEMENT #3; THENCE North 89 degrees 37 minutes 18 seconds West a distance of 67.96 feet to a point; THENCE South 21 degrees 21 minutes 03 seconds West a distance of 176.35 feet to the POINT OF TERMINATION of the centerline of herein described 10.00 FOOT WIDE EASEMENT #3, said POINT OF TERMINATION also being on the northeastern right-of-way line of Page (variable width) Avenue. Also THREE TEMPORARY CONSTRUCTION EASEMENTS for use during the construction of any sewer in the above described sewer easement, said THREE TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as follows: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #1 COMMENCING at the said northeastern corner of a tract of land conveyed to VI Jon Laboratories, Inc,; THENCE North 89 degrees 52 minutes 29 seconds West along said northern line a distance of 12.00 feet to the POINT OF BEGINNING; THENCE along the western lines of herein described VARIABLE WIDTH EASEMENT #1 the following bearings and distances: South 00 degrees 04 minutes 06 seconds West a distance of 164.76 feet to a point and South 03 degrees 27 minutes 25 seconds West a distance of 191.39 feet to a point; THENCE South 36 degrees 49 minutes 49 seconds West along the said northwester line of an existing easement to Metropolitan St. Louis Sewer District a distance of 18.18 feet to a point; THENCE North 03 degrees 27 minutes 25 seconds East a distance of 206.28 feet to a point; THENCE North 00 degrees 04 minutes 06 seconds East a distance of 164.47 feet to a point; THENCE South 89 degrees 52 minutes 29 seconds East a distance of 10.00 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easement recorded in Deed Book 9642 Page 1850 of said Recorder’s Office. A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #2 adjacent to the eastern and southern lines of herein described 10.00 FOOT WIDE EASEMENT #3, bounded on the east by the said western line of Adjusted Lot B and bounded on the southwest by the said northeastern right-of-way line of Page (variable width) Avenue. A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #3 adjacent to the western and northern lines of herein described 10.00 FOOT WIDE EASEMENT #3, bounded on the east by the said western line of Adjusted Lot B and bounded on the southwest by the said northeastern right-of-way line of Page (variable width) Avenue. The THREE TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of the above described construction. Parcel 12 A VARIABLE WIDTH EASEMENT across Lot 2 of Belmont Hills No. 3 as recorded in Plat Book 48, Page 28 of the St. Louis County, Missouri Recorder’s Office and being more particularly described as follows: BEGINNING at the southwest corner of said Lot 2, said southwest corner also being the northwest corner of Lot 1 of said Belmont Hills No. 3; THENCE North 21 degrees 53 minutes 11 seconds East along the northwestern line of said Lot 2 a distance of 37.06 feet to a point; THENCE South 02 degrees 28 minutes 01 seconds West a distance of 34.29 feet to a point on the southern line of said Lot 2; THENCE South 89 degrees 24 minutes 55 seconds West along said southern line a distance of 12.34 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easement recorded in Plat Book 48, Page 28. 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 COMMENCING at the said southwest corner of Lot 2; THENCE North 89 degrees 24 minutes 55 seconds East along the southern line of said Lot 2 a distance of 12.34 feet to the POINT OF BEGINNING of herein described 15.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT; THENCE North 02 degrees 28 minutes 01 seconds East along the eastern line of herein described VARIABLE WIDTH EASEMENT a distance of 34.29 feet to a point; THENCE North 21 degrees 53 minutes 11 seconds East along said northwestern line a distance of 39.93 feet to the northwestern corner of said Lot 2; THENCE South 79 degrees 39 minutes 05 seconds East along the northern line of said Lot 2 a distance of 1.74 feet to a point; THENCE South 02 degrees 28 minutes 01 seconds West a distance of 70.92 feet to a point; THENCE South 89 degrees 24 minutes 55 seconds West along the said southern line a distance of 15.02 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easement recorded in Plat Book 48, Page 28. The 15.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above described construction. Parcel 16 A VARIABLE WIDTH EASEMENT across Lot 13 of Westover Lane No. 3 as recorded in Plat Book 66, Page 3 of the St. Louis County, Missouri Recorder’s Office and being more particularly described as follows: BEGINNING at the northeastern corner of said Lot 13, said northeastern corner also being the northwestern corner of an existing 10.00 foot wide walk dedicated to University City by said subdivision plat; THENCE South 10 degrees 07 minutes 46 seconds East along the eastern line of said Lot 13 a distance of 28.27 feet to a point; THENCE North 18 degrees 10 minutes 13 seconds West a distance of 28.72 feet to a point on the southern right-of-way line of Mendell (50 feet wide) Drive; THENCE 4.02 feet along a curve to the left having a radius of 50.00 feet and a chord bearing of North 82 degrees 10 minutes 28 seconds East to the POINT OF BEGINNING. Parcel #17 A 10.00 FOOT WIDE EASEMENT across a tract of land conveyed to Hafner Court Apartments LLC by deed recorded in Deed Book 17767 Page 3484 of the St. Louis County, Missouri Recorder’s Office and being more particularly described as follows: COMMENCING at a point on the eastern line of said tract of land also being the northwestern corner of Lot 10 in Block 7 of Eastover as recorded in Plat Book 17 Page 42 of said Recorder’s Office; THENCE South 00 degrees 21 minutes 59 seconds West along the said eastern line, said eastern line also being the western line of said Lot 10, a distance of 15.33 feet to the POINT OF BEGINNING of the centerline of herein described 10.00 FOOT WIDE EASEMENT; THENCE North 36 degrees 34 minutes 55 seconds West a distance of 77.14 feet to a point; THENCE North 18 degrees 10 minutes 13 seconds West a distance of 10.20 feet to the POINT OF TERMINATION of the centerline of herein described 10.00 FOOT WIDE EASEMENT, said POINT OF TERMINATION also being on the northern line of said tract of land conveyed to Hafner Court Apartments LLC and being the southern line of Lot 12 of Westover Lane No. 3 as recorded in Plat Book 66 Page 3 of said Recorder’s Office. 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 VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #1 COMMENCING at the said northwestern corner of Lot 10; THENCE South 00 degrees 21 minutes 59 seconds West along said eastern line a distance of 23.65 feet to the POINT OF BEGINNING; THENCE South 00 degrees 21 minutes 59 seconds West along said eastern line, said eastern line also being the said western line of Lot 10 and the western lines of Lots 9 thru 5 of said Block 7 a distance of 145.07 feet to a point of curvature; THENCE 18.38 feet along a curve to the left being the northeastern line of an existing easement to Metropolitan St. Louis Sewer District by deed recorded in Deed Book 6634 Page 1552 of said Recorder’s Office, having a radius of 264.22 feet and a chord bearing of North 54 degrees 21 minutes 11 seconds West to a point; THENCE North 00 degrees 21 minutes 59 seconds West a distance of 28.39 feet to a point; THENCE South 88 degrees 24 minutes 46 seconds East a distance of 5.00 feet to a point; THENCE North 00 degrees 21 minutes 59 seconds East a distance of 86.21 feet to a point; THENCE North 36 degrees 34 minutes 55 seconds West a distance of 45.06 feet to a point; THENCE North 00 degrees 13 minutes 27 seconds West a distance of 10.28 feet to a point; THENCE South 89 degrees 31 minutes 27 seconds West a distance of 26.06 feet to a point; THENCE North 18 degrees 10 minutes 10 seconds West a distance of 61.86 feet to a point; THENCE South 81 degrees 11 minutes 01 seconds East along the said northern line a distance of 28.05 feet to a point; THENCE along the southwestern lines of herein described 10.00 FOOT WIDE EASEMENT the following bearing and distances: South 18 degrees 10 minutes 13 seconds East a distance of 13.55 feet to a point and South 36 degrees 34 minutes 55 seconds East a distance of 84.60 feet to the POINT OF BEGINNING. A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #2 adjacent to the northeastern lines of herein described 10.00 FOOT WIDE EASEMENT, bounded on the east by the said western lines of said Lot10 and Lot 11 of said Block 7 and bounded on the north by the said southern line of Lots 12 of Westover Lane No. 3. The TWO (2) VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of the above described construction. Parcel #19 A 10.00 FOOT WIDE EASEMENT across Lots 5 thru 10 in Block 7 of Eastover as recorded in Plat Book 17 Page 42 of the St. Louis County, Missouri Recorder’s Office and being more particularly described as follows: COMMENCING at the southwestern corner of said Lot 5, said southwestern corner also being the northwestern corner of a tract of land conveyed to Reginald D. McNairy by deed recorded in Deed Book 13289 Page 1106 of said Recorder’s Office; THENCE South 89 degrees 39 minutes 21 seconds East along the southern line of said Lot 5, said southern line also being the northern line of said tract of land conveyed to Reginald D. McNairy a distance of 14.33 feet to the POINT OF BEGINNING of the centerline of herein described 10.00 FOOT WIDE EASEMENT; THENCE North 01 degrees 35 minutes 10 seconds East a distance of 141.63 feet to a point; THENCE North 36 degrees 34 minutes 55 seconds West a distance of 28.86 feet to the POINT OF TERMINATION of the centerline of herein described 10.00 FOOT WIDE EASEMENT, said POINT OF TERMINATION also being on the western line of said Lot 10 and also being the eastern line of a tract of land conveyed to Hafner Court Apartments LLC by deed recorded in Deed Book 17767 Page 3484 of said Recorder’s Office, excepting therefrom those portions covered by the existing easement recorded in Deed Book 6634 Page 1552 of said Recorder’s Office. TWO (2) VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS for use during the construction of any sewer in the above described sewer easement, said VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #1 adjacent to the western and southwestern lines of herein described 10.00 FOOT WIDE EASEMENT, bounded on the west by the said eastern line of Hafner Court Apartments LLC and bounded on the south by the said northern line of a tract of land conveyed to Reginald D. McNairy, excepting therefrom those portions covered by the existing easement recorded in Deed Book 6634 Page 1552 of said Recorder’s Office. A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #2 COMMENCING at the said southwestern corner of Lot 5; THENCE South 89 degrees 39 minutes 21 seconds East along the said southern line of Lot 5 a distance of 19.33 feet to the POINT OF BEGINNING; THENCE continuing along the eastern and northeastern lines of herein described 10.00 FOOT WIDE EASEMENT the following bearings and distances: North 01 degrees 35 minutes 10 seconds East a distance of 143.25 feet to a point and North 36 degrees 34 minutes 55 seconds West a distance of 37.24 feet to a point; THENCE North 00 degrees 21 minutes 59 seconds East along said western line of Lot 10 a distance of 7.02 feet to the northwestern corner of said Lot 10; THENCE South 89 degrees 39 minutes 21 seconds East along the northern line of said Lot 10 a distance of 19.74 feet to a point; THENCE South 36 degrees 34 minutes 55 seconds East a distance of 37.90 feet to a point; THENCE South 01 degrees 35 minutes 10 seconds West a distance of 100.65 feet to a point; THENCE South 88 degrees 24 minutes 46 seconds East a distance of 5.00 feet to a point; THENCE South 01 degrees 35 minutes 10 seconds West a distance of 48.98 feet to a point; THENCE North 89 degrees 39 minutes 21 seconds West along the said southern line of Lot 5 a distance of 25.01 feet to the POINT OF BEGINNING. The TWO (2) VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of the above described construction. Parcel 20 A 10.00 FOOT WIDE EASEMENT across Lot 4 of Eastover as recorded in Plat Book 17, Page 42 of the St. Louis County, Missouri Recorder’s Office and being more particularly described as follows: COMMENSING at the northwest corner of said Lot 4, said northwest corner also being the southwest corner of Lot 5 of said Eastover; THENCE South 89 degrees 39 minutes 21 seconds East along the northerly line of said Lot 4 a distance of 14.33 feet to the POINT OF BEGINNING of the center line of herein described 10.00 FOOT WIDE EASEMENT; THENCE South 01 degrees 35 minutes 14 seconds West along said centerline a distance of 30.00 feet to the POINT OF TERMINATION of herein described 10.00 foot wide easement, said POINT OF TERMINATION also being on the southern line of said Lot 4, excepting therefrom those portions covered by the existing easement recorded in Deed Book 6634 Page 1546. A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the construction of any sewer in the above described sewer easement, said 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows: A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT COMMENCING at the said northwest corner of Lot 4; THENCE South 89 degrees 39 minutes 21 seconds East along the said northern line a distance of 19.33 feet to the POINT OF BEGINNING of herein described 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT; THENCE South 89 degrees 39 minutes 21 seconds East along said northern line a distance of 25.00 feet to a point; THENCE South 01 degrees 35 minutes 14 seconds West a distance of 10.00 feet to a point; THENCE North 89 degrees 39 minutes 21 seconds West a distance of 25.00 feet to a point; THENCE North 01 degrees 35 minutes 14 seconds East along the eastern line of herein described10.00 FOOT WIDE EASEMENT a distance of 10.00 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easement recorded in Deed Book 6634 Page 1546. The 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT 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 to the extent possible or to continue with the condemnation process by preparing and/or filing all necessary court pleadings and documents to institute and prosecute legal actions in condemnation to acquire all easements for the above-referenced project, 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 on August 5, 2014.