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HomeMy Public PortalAbout13951ORDINANCE NO. 13951 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 Harlem-Baden Relief Phase IV (Hebert) (Detention Basin) (11768) 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 &/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 The City of St. Louis within The Harlem 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 Harlem-Baden Relief Phase IV (Hebert) (Detention Basin) (11768) as hereinafter set forth, said easements and temporary easements being more particularly described below: Parcel #08 A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT across Lot 2 of Brown- Brent Industrial Park as recorded in Plat Book 52, Page 33 of the City of St. Louis Recorder’s Office (City Block 4360) and being more particularly described as follows: A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT lying adjacent to the southwestern line of said Lot 2, said southwestern line also being the northeastern right-of-way line of an existing 15.00 foot wide alley dedicated in Mars Place Addition a subdivision as recorded in Plat Book 22, Page 47 of said City of St. Louis Recorder’s Office, bounded on the southeast by the northwestern line of a tract of land conveyed to John Corder Equipment Co. Inc. by deed recorded in Deed Book 1196, Page 253 of said Recorder’s Office and bounded on the northwest by the southeastern right-of-way line of a tract of land conveyed to St. Louis Terminal Railway Company by deed recorded in Deed Book 05272009, Page 88 of said Recorder’s Office. The 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above described construction. Parcel #09 A 10.00 FOOT WIDE EASEMENT #1, A 15.00 FOOT WIDE EASEMENT #2 and A VARIABLE WIDTH EASEMENT #3 across Lot 2 of A Lot Split Plat of Lot A of Resubdivision of Goodfellow Place as recorded in Plat Book 01132012, Page 0016 of the City of St. Louis Recorder’s Office (City Block 4359 & 5239) and being more particularly described as follows: COMMENCING at the northeastern corner of said Lot 2, said northeastern corner also being on the northwestern right-of-way line of an existing 15.00 foot wide alley; THENCE South 29 degrees 03 minutes 34 seconds West along the said northwestern right-of-way line of an existing 15.00 foot wide alley a distance of 260.84 feet to the POINT OF BEGINNING of the centerline of herein described 10.00 FOOT WIDE EASEMENT #1; THENCE South 64 degrees 36 minutes 40 seconds West a distance of 57.82 feet to the POINT OF TERMINATION of the centerline of herein described 10.00 FOOT WIDE EASEMENT #1, said POINT OF TERMINATION being on the northeastern right-of-way line of Goodfellow (60.00 foot wide) Place, excepting therefrom those portions covered by the existing 10.00 foot wide easement recorded in Plat Book 61, Page 12 of said Recorder’s Office. COMMENCING at the said northeastern corner of Lot 2; THENCE South 29 degrees 03 minutes 34 seconds West along the said northwestern right-of-way line of an existing 15.00 foot wide alley a distance of 359.71 feet to the POINT OF BEGINNING of the centerline of herein described 15.00 FOOT WIDE EASEMENT #2; THENCE North 63 degrees 27 minutes 12 seconds West a distance of 13.58 feet to the POINT OF TERMINATION of the centerline of herein described 15.00 FOOT WIDE EASEMENT #2, said POINT OF TERMINATION being on the southeastern right-of-way line of Goodfellow (60.00 foot wide) Place, excepting therefrom those portions covered by the existing 10.00 foot wide easement recorded in Plat Book 61, Page 12 of said Recorder’s Office. COMMENCING at the western corner of said Lot 2, said western corner also being the intersection of the southeaster right-of-way line of Goodfellow (60.00 foot wide) Boulevard and the northeastern right-of-way line of an existing 15.00 foot wide alley; THENCE North 27 degrees 53 minutes 31 seconds East along the said southeastern right-of-way line of Goodfellow a distance of 2.98 feet to the POINT OF BEGINNING of the VARIABLE WIDTH EASEMENT #3; THENCE North 27 degrees 53 minutes 31 seconds East along the said southeaster right-of- way line of Goodfellow (60.00 foot wide) Boulevard a distance of 10.33 feet to a point; THENCE South 76 degrees 38 minutes 07 seconds East a distance of 14.75 feet to a point; THENCE North 73 degrees 38 minutes 41 seconds East a distance of 11.24 feet to a point; THENCE North 27 degrees 25 minutes 52 seconds East a distance of 149.57 feet to a point; THENCE South 63 degrees 20 minutes 48 seconds East along the southwestern right-of-way line of said Goodfellow (60.00 foot wide) Place a distance of 18.00 feet to a point; THENCE South 27 degrees 25 minutes 52 seconds West a distance of 14.37 feet to a point; THENCE North 62 degrees 34 minutes 08 seconds West a distance of 8.00 feet to a point; THENCE South 27 degrees 25 minutes 52 seconds West a distance of 139.72 feet to a point; THENCE South 73 degrees 38 minutes 41 seconds West a distance of 14.98 feet to a point; THENCE South 32 degrees 50 minutes 01 seconds West a distance of 10.77 feet to a point; THENCE North 60 degrees 40 minutes 32 seconds West along the said northeastern right-of-way line of an existing 15.00 foot wide alley a distance of 10.02 feet to a point; THENCE North 32 degrees 50 minutes 01 seconds East a distance of 6.17 feet to a point; THENCE North 76 degrees 38 minutes 07 seconds West a distance of 11.59 feet to the POINT OF BEGINNING; excepting therefrom those portions covered by the said existing 10.00 foot wide easements recorded in Plat Book 61, Page 12 of said Recorder’s Office and existing 20.00 foot wide easement recorded in Deed Book 3317, Page 76 of said Recorder’s Office. Also Five (5) VARIABLE VIDTH TEMPORARY CONSTRUCTION EASEMENTS and a 12.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the construction of any sewer in the above described sewer easement, said TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as follows: BEGINNING at the said northeastern corner of Lot 2; THENCE South 29 degrees 03 minutes 34 seconds West along the said northwestern right-of-way line of an existing 15.00 foot wide alley a distance of 252.24 feet to a point; THENCE South 64 degrees 36 minutes 40 seconds West along the northwestern line of herein described 10.00 FOOT WIDE EASEMENT #1 a distance of 64.98 feet to a point of curvature; THENCE 20.97 feet along the said northeastern right-of-way line of Goodfellow Place being a curve to the left having a radius of 52.00 feet and a chord bearing of North 41 degrees 36 minutes 05 seconds West to a point; THENCE North 64 degrees 36 minutes 40 seconds East a distance of 81.59 feet to a point; THENCE North 29 degrees 03 minutes 34 seconds East a distance of 231.83 feet to a point; THENCE South 60 degrees 56 minutes 26 seconds East along the northeastern line of said Lot 2 a distance of 10.00 feet to the POINT OF BEGINNING of the VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #1, excepting therefrom those portions covered by the existing 10.00 foot wide easement recorded in Plat Book 61, Page 12 of said Recorder’s Office. COMMENCING at the said northeastern corner of Lot 2; THENCE South 29 degrees 03 minutes 34 seconds West along the said northwestern right-of-way line of an existing 15.00 foot wide alley a distance of 269.44 feet to the POINT OF BEGINNING of the VARIABLE WIDTH TEMPORART CONSTRUCTION EASEMENT #2; THENCE South 29 degrees 03 minutes 34 seconds West along the said northwestern right-of-way line a distance of 82.77 feet to a point; THENCE North 63 degrees 27 minutes 12 seconds West along the northeastern line of herein described 15.00 FOOT WIDE EASEMENT #2 a distance of 12.58 feet to a point of curvature; THENCE 46.65 feet along the said northeastern right-of-way line of Goodfellow Place being a curve to the left having a radius of 52.00 feet and a chord bearing of North 06 degrees 41 minutes 26 seconds East to a point; THENCE North 64 degrees 36 minutes 40 seconds East along the southeastern line of herein described 10.00 FOOT WIDE EASEMENT #1 a distance of 51.14 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing 10.00 foot wide easement recorded in Plat Book 61, Page 12 of said Recorder’s Office. COMMENCING at the said northeastern corner of Lot 2; THENCE South 29 degrees 03 minutes 34 seconds West along the said northwestern right-of-way line of an existing 15.00 foot wide alley a distance of 367.22 feet to the POINT OF BEGINNING of the VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #3; THENCE South 29 degrees 03 minutes 34 seconds West along the said northwestern right-of-way line a distance of 4.79 feet to a point, said point also being the northern corner of a tract of land conveyed to Metropolitan St. Louis Sewer District by deed recorded in Deed Book 06212011, Page 75 of said Recorder’s Office; THENCE South 23 degrees 28 minutes 26 seconds West along the western line of said tract of land conveyed to Metropolitan St. Louis Sewer District a distance of 169.30 feet to a point of curvature; THENCE 10.05 feet along the said northern right-of-way line of an existing 15.00 foot wide alley being a curve to the right having a radius of 1229.00 feet and a chord bearing of North 72 degrees 22 minutes 59 seconds West to a point; THENCE North 23 degrees 28 minutes 26 seconds East a distance of 139.65 feet to a point; THENCE North 63 degrees 18 minutes 29 seconds West a distance of 126.19 feet to a point; THENCE North 15 degrees 40 minutes 05 seconds East a distance of 10.52 feet to a point; THENCE North 74 degrees 19 minutes 55 seconds West a distance of 33.55 feet to a point; THENCE South 15 degrees 54 minutes 32 seconds West a distance of 3.98 feet to a point; THENCE North 63 degrees 18 minutes 29 seconds West a distance of 54.84 feet to a point; THENCE of North 26 degrees 41 minutes 31 seconds East a distance of 26.01 feet to a point; THENCE along the southwestern right-of-way lines of said Goodfellow Place the following bearing, distances and curve data: South 63 degrees 20 minutes 48 seconds East a distance of 108.19 feet to a point of curvature, 16.06 feet along a curve to the right having a radius of 20.00 feet and a chord bearing of South 40 degrees 20 minutes 33 seconds East to a point of reverse curvature and 102.70 feet along a curve to the left having a radius of 52.00 feet and a chord bearing of South 73 degrees 53 minutes 54 seconds East to a point; THENCE South 63 degrees 27 minutes 12 seconds East along the southwestern line of herein described 15.00 FOOT WIDE EASEMENT #2 a distance of 15.78 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing 10.00 foot wide easement recorded in Plat Book 61, Page 12 of said Recorder’s Office and existing 20.00 foot wide easement recorded in Deed Book 3317, Page 76 of said Recorder’s Office. COMMENCING at the said western corner of Lot 2; THENCE South 60 degrees 40 minutes 32 seconds East along the said northeastern right-of-way line of an existing 15.00 foot wide alley a distance of 20.71 feet to the POINT OF BEGINNING of the VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #4; THENCE along the southeastern, southern and southwestern lines of herein described VARIABLE WIDTH EASEMENT #3 the following bearings and distances: North 32 degrees 50 minutes 01 seconds East a distance of 10.77 feet to a point, North 73 degrees 38 minutes 41 seconds East a distance of 14.98 feet to a point, North 27 degrees 25 minutes 52 seconds East a distance of 139.72 feet to a point, South 62 degrees 34 minutes 08 seconds East a distance of 8.00 feet to a point and North 27 degrees 25 minutes 52 seconds West a distance of 14.37 feet to a point; THENCE South 63 degrees 20 minutes 48 seconds East along the said southwestern right-of-way line of Goodfellow (60.00 foot wide) Place a distance of 4.00 feet to a point; THENCE South 27 degrees 25 minutes 52 seconds West a distance of 159.26 feet to a point; South 73 degrees 38 minutes 41 seconds West a distance of 15.63 feet to a point; THENCE South 32 degrees 50 minutes 01 seconds West a distance of 5.57 feet to a point; THENCE North 60 degrees 40 minutes 32 seconds West along the said northeastern right-of-way line of an existing 15.00 foot wide alley a distance of 12.02 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing 10.00 foot wide easement recorded in Plat Book 61, Page 12 of said Recorder’s Office and existing 20.00 foot wide easement recorded in Deed Book 3317, Page 76 of said Recorder’s Office. BEGINNING at the said western corner of Lot 2; THENCE North 27 degrees 53 minutes 31 seconds East along the said southeaster right-of-way line of Goodfellow (60.00 foot wide) Boulevard a distance of 2.98 feet to a point; THENCE along the southern and northwestern lines of herein described VARIABLE WIDTH EASEMENT #3 the following bearings and distances: South 76 degrees 38 minutes 07 seconds East a distance of 11.59 feet to a point and South 32 degrees 50 minutes 01 seconds West a distance of 6.17 feet to a point; THENCE North 60 degrees 40 minutes 32 seconds West along the said northeastern right-of-way line of an existing 15.00 foot wide alley a distance of 10.69 feet to the POINT OF BEGINNING of herein described VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #5, excepting therefrom those portions covered by the existing 10.00 foot wide easement recorded in Plat Book 61, Page 12 of said Recorder’s Office and existing 20.00 foot wide easement recorded in Deed Book 3317, Page 76 of said Recorder’s Office. A 12.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT lying adjacent to the northwestern, northern and northeastern lines of herein described VARIABLE WIDTH EASEMENT #3, bounded on the northeast by the said southwestern right-of-way line of Goodfellow Place and bounded on the northwest by the said southeastern right-of-way line of Goodfellow Boulevard, excepting therefrom those portions covered by the existing 10.00 foot wide easement recorded in Plat Book 61, Page 12 of said Recorder’s Office and existing 20.00 foot wide easement recorded in Deed Book 3317, Page 76 of said Recorder’s Office. The Five (5) VARIABLE VIDTH TEMPORARY CONSTRUCTION EASEMENTS and a 12.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above described construction. Parcel #10 A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT across Lot 1 in A Lot Split Plat of Lot A of Resubdivision of Goodfellow Place as recorded in Plat Book 01132012, Page 0016 of the City of St. Louis Recorder’s Office (City Block 4359) and being more particularly described as follows: BEGINNING at the southern corner of said Lot 1, said southern corner also being on the northwestern right-of-way line of an existing 15.00 foot wide alley; THENCE North 60 degrees 56 minutes 26 seconds West along the common line between said Lot 1 and Lot 2 of said A Lot Split Plat of Lot A of Resubdivision of Goodfellow Place a distance of 10.00 feet to a point; THENCE North 29 degrees 03 minutes 34 seconds East a distance of 5.58 feet to a point; THENCE North 60 degrees 56 minutes 26 seconds West a distance of 40.00 feet to a point; THENCE North 29 degrees 03 minutes 34 seconds East a distance of 307.77 feet to a point of curvature; THENCE 79.66 feet along the southern right-of-way line of a tract of land conveyed to St. Louis Terminal Railway Company by deed recorded in Deed Book 05272009, Page 88 of said Recorder’s Office being a curve to the left having a radius of 4633.75 feet and a chord bearing of North 67 degrees 56 minutes 10 seconds East to a point, said point being the northeastern corner of said Lot 1; THENCE South 29 degrees 03 minutes 34 seconds West along the said northwestern right-of-way line of an existing 15.00 foot wide alley a distance of 375.37 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing 30.00 foot wide easement recorded in Deed Book 3317, Page 66 of said Recorder’s Office. The VARIABLE WIDTH 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 September 11, 2014.