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HomeMy Public PortalAbout13953ORDINANCE NO. 13953 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 North Baden Creek I/I Reduction (BP-612) (Canterbury Dr) (11694) 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 Pasadena Hills of the County of St. Louis within the Baden 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 North Baden Creek I/I Reduction (BP-612) (Canterbury Dr) (11694) as hereinafter set forth, said easements and temporary easements being more particularly described below: Parcel #03 A 20.00 FOOT WIDE EASEMENT across Lot 29 in Block 2 of Section One of Pasadena Hills as recorded in Plat Book 27, Page 6 of the St. Louis County Recorder’s Office and being more particularly described as follows: A 20.00 FOOT WIDE EASEMENT lying adjacent to the common line of said Lot 29 and Lot 11 in said Block 2 of Section One of Pasadena Hills, bounded on the northeast by the common line of said Lot 29 and Lot 28 in said Block 2 and bounded on the southwest by the common line of said Lot 29 and Lot 30 in said Block 2, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 27, Page 6. Also 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: The 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT lying adjacent to the northwestern line of herein described 20.00 FOOT WIDE EASEMENT, bounded on the northeast by the said common line of Lot 29 and Lot 28 in Block 2 and bounded on the southwest by the said common line of Lot 29 and Lot 30 in Block 2, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 27, Page 6. The 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above described construction. Parcel #05 A VARIABLE WIDTH EASEMENT across Lot 27 in Block 2 of Section One of Pasadena Hills as recorded in Plat Book 27, Page 6 of the St. Louis County Recorder’s Office and being more particularly described as follows: BEGINNING at the common corner of said Lot 27, Lot 26, Lot 14 and Lot 13 of said Block 2; THENCE South 31 degrees 56 minutes 40 seconds West along the common line of said Lot 27 and said Lot 13 a distance of 24.11 feet to a point; THENCE North 19 degrees 12 minutes 08 seconds West a distance of 15.17 feet to a point; THENCE North 17 degrees 55 minutes 14 seconds East a distance of 15.04 feet to a point; THENCE South 58 degrees 03 minutes 20 seconds East along the common line of said Lot 27 and said Lot 26 a distance of 15.46 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 27, Page 6. Also 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: COMMENCING at the said common corner of Lots 27, 26, 14 and 13; THENCE South 31 degrees 56 minutes 40 seconds West along the said common line of Lots 27 and Lot 13 a distance of 24.11 feet to the POINT OF BEGINNING; THENCE South 31 degrees 56 minutes 40 seconds West along the said common line of Lots 27 and Lot 13 a distance of 25.89 feet to the common corner of said Lots 27, said Lot 13, Lot 12 and Lot 28 of said Block 2; THENCE North 58 degrees 03 minutes 20 seconds West along the common line of said Lots 27 and 28 a distance of 8.13 feet to a point; THENCE North 17 degrees 55 minutes 14 seconds East a distance of 51.54 feet to a point; THENCE South 58 degrees 03 minutes 20 seconds East along the said common line of Lot 27 and Lot 26 a distance of 5.15 feet to a point; THENCE along the northwestern and southwestern lines of herein described VARIABLE WIDTH EASEMENT the following bearings and distances: South 17 degrees 55 minutes 14 seconds West a distance of 15.04 feet to a point and South 19 degrees 12 minutes 08 seconds East a distance of 15.17 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 27, Page 6. The VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above described construction. Parcel #06 A 15.00 FOOT WIDE EASEMENT across Lot 26 in Block 2 of Section One of Pasadena Hills as recorded in Plat Book 27, Page 6 of the St. Louis County Recorder’s Office and being more particularly described as follows: A 15.00 FOOT WIDE EASEMENT lying adjacent to the eastern line of said Lot 26, said eastern line also being part of the western line of a tract of land conveyed to Randy L. Cerny & Nancy Cerny by deed recorded in Deed Book 7245, Page 2392 of said Recorder’s Office, bounded on the north by the common line of said Lot 26 and Lot 25 in said Block 2 and bounded on the south by the common line of said Lot 26 and Lot 27 in said Block 2, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 27, Page 6. Also A 5.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the construction of any sewer in the above described sewer easement, said 5.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows: The 5.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT lying adjacent to the western line of herein described 15.00 FOOT WIDE EASEMENT, bounded on the north by the said common line of Lot 26 and Lot 25 in Block 2 and bounded on the south by the said common line of Lot 26 and Lot 27 in Block 2. The 5.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above described construction. Parcel #10 A 10.00 FOOT WIDE EASEMENT across Lot 13 in Block 2 of Section One of Pasadena Hills as recorded in Plat Book 27, Page 6 of the St. Louis County Recorder’s Office and being more particularly described as follows: COMMENCING at the common corner of said Lot 13, Lot 27, Lot 26 and Lot 14 of said Block 2; THENCE South 31 degrees 56 minutes 40 seconds West along the common line of said Lots 13 and Lot 27 a distance of 17.69 feet to the POINT OF BEGINNING of the centerline of herein described 10.00 FOOT WIDE EASEMENT; THENCE South 19 degrees 12 minutes 08 seconds East a distance of 34.47 feet to a point; THENCE South 23 degrees 07 minutes 29 seconds West a distance of 10.90 feet to the POINT OF TERMINATION of the centerline of herein described 10.00 FOOT WIDE EASEMENT, said POINT OF TERMINATION being on the common property line between a tract of land conveyed to Herbert A. Clifton and Geralyn C. Clifton by deed recorded in Deed Book 8360, Page 1549 of said Recorder’s Office and a tract of land conveyed to Harold W. McCarthy and Cynthia P McCarthy by deed recorded in Deed Book 11481, Page 1317 of said Recorder’s Office and also being South 63 degrees 55 minutes 38 seconds East a distance of 28.66 feet along the said common property line from the western corner of said tract of land conveyed to Herbert A. Clifton and Geralyn C. Clifton, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 27, Page 6 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 VARIABLE WIDTH TEMPORAY CONSTRUCTION EASEMENT #1 lying adjacent to the western and northwestern lines of herein described 10.00 FOOT WIDE EASEMENT, bounded on the southwest by the said common property line between Herbert A. Clifton and Geralyn C. Clifton and Harold W. McCarthy and Cynthia P. McCarthy and bounded on the northwest by the said common line between Lots 13 and 27, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 27, Page 6. A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #2 lying adjacent to the eastern and northeastern lines of herein described 10.00 FOOT WIDE EASEMENT, bounded on the southwest by the said common property line between Herbert A. Clifton and Geralyn C. Clifton and Harold W. McCarthy and Cynthia P. McCarthy, bounded on the northwest by the said common line between Lots 13 and 27 and bounded on the north by the common line between said Lot 13 and said Lot 14, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 27, Page 6. The VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of the above described construction. Parcel #11 A 10.00 FOOT WIDE EASEMENT across part of Lot 12 in Block 2 of Section One of Pasadena Hills as recorded in Plat Book 27, Page 6 of the St. Louis County Recorder’s Office and being more particularly described as follows: COMMENCING at the common corner of said Lot 12, Lot 11, Lot 29 and Lot 28 of said Block 2; THENCE South 60 degrees 39 minutes 27 seconds East along the common line of said Lots 12 and 11 a distance of 35.29 feet to the POINT OF BEGINNING of the centerline of herein described 10.00 FOOT WIDE EASEMENT; THENCE North 32 degrees 08 minutes 46 seconds East a distance of 4.79 feet to a point; THENCE North 23 degrees 07 minutes 29 seconds East a distance of 44.05 feet to the POINT OF TERMINATION of the centerline of herein described 10.00 FOOT WIDE EASEMENT, said POINT OF TERMINATION being on the common property line between a tract of land conveyed to Harold W. McCarthy and Cynthia P. McCarthy by deed recorded in Deed Book 11481, Page 1317 of said Recorder’s Office and Herbert A. Clifton and Geralyn C. Clifton by deed recorded in Deed Book 8360, Page 1549 of said Recorder’s Office and also being South 63 degrees 55 minutes 38 seconds East a distance of 28.66 feet along the said common property line from the northern corner of said tract of land conveyed to Harold W. McCarthy and Cynthia P. McCarthy, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 27, Page 6 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 VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #1 COMMENCING at the said common corner of Lots 12, 11, 29 and 28; THENCE South 60 degrees 39 minutes 27 seconds East along the said common line of Lots 12 and 11 a distance of 30.28 feet to a point; THENCE along the western lines of herein described 10.00 FOOT WIDE EASEMENT the following bearings and distances: North 32 degrees 08 minutes 46 seconds East a distance of 4.64 feet to a point and North 23 degrees 07 minutes 29 seconds East a distance of 0.37 feet to the POINT OF BEGINNING; THENCE North 60 degrees 39 minutes 27 seconds West a distance of 5.03 feet to a point; THENCE North 29 degrees 35 minutes 47 seconds East a distance of 18.05 feet to a point; THENCE North 57 degrees 37 minutes 47 seconds West a distance of 19.45 feet to a point; THENCE North 31 degrees 56 minutes 40 seconds East along the southeastern line of an existing 5.00 foot wide easement as recorded in said Plat Book 27, Page 6 a distance of 23.17 feet to a point; THENCE South 63 degrees 55 minutes 38 seconds East along the said common property line a distance of 18.63 feet to a point; THENCE South 23 degrees 07 minutes 29 seconds West along the western line of herein described 10.00 FOOT WIDE EASEMENT a distance of 43.54 feet to the POINT OF BEGINNING. A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #2 lying adjacent to the southeastern lines of herein described 10.00 FOOT WIDE EASEMENT, bounded on the northeast by the said common property line between Harold W. McCarthy and Cynthia P. McCarthy and Herbert A. Clifton and Geralyn C. Clifton and bounded on the southwest by the said common line between Lots 12 and 11, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 27, Page 6. The VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of the above described construction. Parcel #12 A 10.00 FOOT WIDE EASEMENT across part of Lot 11 in Block 2 of Section One of Pasadena Hills as recorded in Plat Book 27, Page 6 of the St. Louis County Recorder’s Office and being more particularly described as follows: COMMENCING at the common corner of said Lot 11, Lot 29, Lot 28 and Lot 12 of said Block 2; THENCE South 31 degrees 56 minutes 40 seconds West along the common line of said Lots 11 and 29 a distance of 21.02 feet to the POINT OF BEGINNING of the centerline of herein described 10.00 FOOT WIDE EASEMENT; THENCE South 70 degrees 23 minutes 11 seconds East a distance of 36.03 feet to a point; THENCE North 32 degrees 08 minutes 46 seconds East a distance of 14.92 feet to the POINT OF TERMINATION of the centerline of herein described 10.00 FOOT WIDE EASEMENT, said POINT OF TERMINATION being on the common line between said Lots 11 and 12 of Block 2 and also being South 60 degrees 39 minutes 27 seconds East a distance of 35.29 feet along the said common line of Lots 11 and 12 from the said common corner of Lots 11, 29, 28 and 12 of Block 2, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 27, Page 6 Also TWO (2) 5.00 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 5.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #1 lying adjacent to the southwestern and southeastern lines of herein described 10.00 FOOT WIDE EASEMENT, bounded on the northwest by the said common line between Lots 11 and 29 of Block 2 and bounded on the northeast by the said common line between Lots 11 and 12, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 27, Page 6. A 5.00 FOOT WIDE TEMPORAY CONSTRUCTION EASEMENT #2 lying adjacent to the northwestern and northeastern lines of herein described 10.00 FOOT WIDE EASEMENT, bounded on the northwest by the said common line between Lots 11 and 29 of Block 2 and bounded on the northeast by the said common line between Lots 11 and 12, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 27, Page 6. The TWO (2) 5.00 FOOT WIDE 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 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.