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HomeMy Public PortalAbout13972ORDINANCE NO. 13972 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 Upper Maline Trunk Sanitary Relief Phase IV Section A (10026) in the Cities of Ferguson, Kinloch and Berkeley, 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 of Ferguson, County of St. Louis within The Maline 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 Upper Maline Trunk Sanitary Relief Phase IV Section A (10026) in the Cities of Ferguson, Kinloch and Berkeley, Missouri as hereinafter set forth, said easements and temporary easements being more particularly described below: Parcel #154 A 15.00 FOOT WIDE EASEMENT across Lot 1 in Block 1 of Moline Place as recorded in Plat Book 19, Page 27 of the St. Louis County Recorder’s Office and being more particularly described as follows: COMMENCING at the northeastern corner of said Lot 1, said northeastern corner also being the northwestern corner of Lot 5 in Block 1 of Patricia Park as recorded in Plat Book 33, Page 3 of said Recorder’s Office and being on the southern right-of-way line of Patricia (40.00 foot wide) Avenue; THENCE South 74 degrees 19 minutes 47 seconds West along the northern line of said Lot 1 and also being the southern right-of-way line of Patricia Park a distance of 37.42 feet to the POINT OF BEGINNING of the center line of herein described 15.00 FOOT WIDE EASEMENT; THENCE South 29 degrees 58 minutes 02 seconds West along said centerline a distance of 35.94 feet to a point; THENCE South 74 degrees 19 minutes 38 seconds West along said centerline a distance of 35.75 feet to the POINT OF TERMINATION of herein described 15.00 FOOT WIDE EASEMENT, said POINT OF TERMINATION being on the western line of said Lot 1 and also being on the eastern right-of-way line of Florissant (60.00 foot wide) Road. Also 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 EASEMENTS being more particularly described as follows: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #1 lying adjacent to the northwestern and northern lines of herein described 15.00 FOOT WIDE EASEMENT, bounded on the north by the said southern right-of-way line of Patricia Park and bounded on the west by the said eastern right-of-way line of Florissant Road. A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #2, COMMENCING at the said northeastern corner of Lot 1; THENCE South 15 degrees 40 minutes 13 seconds East along the eastern line of said Lot 1 and Lot 2 of said Moline Place, said eastern line also being the western line of said Lot 5 a distance of 50.13 feet to a point; THENCE South 74 degrees 19 minutes 38 seconds West a distance of 100.00 feet to a point; THENCE along the said eastern right-of-way line of Florissant Road the following bearings and distances: North 15 degrees 40 minutes 13 seconds West a distance of 9.63 feet to a point and North 11 degrees 26 minutes 02 seconds West a distance of 7.89 feet to a point; THENCE along the southern and southeastern lines of herein described 15.00 FOOT WIDE EASEMENT the following bearings and distances: North 74 degrees 19 minutes 38 seconds East a distance of 39.36 feet to a point and North 29 degrees 58 minutes 02 seconds East a distance of 46.67 feet to a point; THENCE North 74 degrees 19 minutes 47 seconds East along the said southern right-of-way line of Patricia Avenue a distance of 26.69 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 #177 A 15.00 FOOT WIDE EASEMENT across a tract of land conveyed to R & H Investments Missouri Corporation by deed recorded in Deed Book 11200, Page 166 of the St. Louis County Recorder’s Office and being more particularly described as follows: COMMENCING at the southeastern corner of said tract of land, said southeastern corner also being on the northern line of a tract of land conveyed to Union Electric Company by deed recorded in Deed Book 4130, Page 001 of said Recorder’s Office and being on the western right- of-way line of Bermuda (variable width) Drive; THENCE North 07 degrees 00 minutes 00 seconds West along the eastern line of said tract of land, said eastern line also being the said western right-of-way line a distance of 48.75 feet to the POINT OF BEGINNING of the center line of herein described 15.00 FOOT WIDE EASEMENT; THENCE North 78 degrees 03 minutes 04 seconds West along said centerline a distance of 113.25 feet to the POINT OF TERMINATION of herein described 15.00 FOOT WIDE EASEMENT, said POINT OF TERMINATION being on the western line of said tract of land, said western line also being the eastern line of a tract of land conveyed to Trailnet Incorporated by deed recorded in Deed Book 12124, Page 2181 of said Recorder’s Office, said POINT OF TERMINATION also being northerly 79.65 feet along a curve to the left having a radius of 2,936.69 feet from the northwestern corner of said tract of land conveyed to Union Electric Company. Also two (2) 15.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENTS for use during the construction of any sewer in the above described sewer easement, said 15.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as follows: A 15.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #1 lying adjacent to the northeastern line of herein described 15.00 FOOT WIDE EASEMENT, bounded on the east by the said eastern line of a tract of land and bounded on the west by the said western line of a tract of land. A 15.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #2 lying adjacent to the southwestern line of herein described 15.00 FOOT WIDE EASEMENT, bounded on the east by the said eastern line of a tract of land and bounded on the west by the said western line of a tract of land. The two (2) 15.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of the above described construction. Parcel #181 A 30.00 FOOT WIDE EASEMENT #1 and a 10.00 FOOT WIDE EASEMENT #2 across a tract of land conveyed to The Emerson Electric Manufacturing Company by deed recorded in Deed Book 7236, Page 2080 of the St. Louis County Recorder’s Office and being more particularly described as follows: COMMENCING at the northern corner of said tract of land, said northern corner also being the northeastern corner of a tract of land conveyed to P C Redevelopment Corporation by deed recorded in Deed Book 10961, Page 606 of said Recorder’s Office and being on the southern right-of-way line of Norfolk and Southern (100.00 foot wide) Railroad; THENCE South 63 degrees 03 minutes 09 seconds East along the said southern right-of-way line of Norfolk and Southern (100.00 foot wide) Railroad a distance of 31.91 feet to a point; THENCE South 15 degrees 25 minutes 51 seconds West along the eastern line of an existing easement to Metropolitan St. Louis Sewer District as recorded in Deed Book 4015, Page 613 a distance of 159.31 feet to the POINT OF BEGINNING of herein described 30.00 FOOT WIDE EASEMENT #1; THENCE South 82 degrees 49 minutes 24 seconds East a distance of 164.44 feet to a point; THENCE along the western and southern lines of an existing easement to Metropolitan St. Louis Sewer District as recorded in Deed Book 19559, Page 1174 the following bearings and distances: South 26 degrees 56 minutes 51 seconds West a distance of 2.63 feet to a point and South 63 degrees 03 minutes 09 seconds East a distance of 15.00 feet to a point; THENCE South 26 degrees 56 minutes 51 seconds West a distance of 23.86 feet to a point; THENCE North 82 degrees 49 minutes 24 seconds West a distance of 173.95 feet to a point; THENCE North 15 degrees 25 minutes 51 seconds East along the said eastern line of an existing easement to Metropolitan St. Louis Sewer District as recorded in Deed Book 4015, Page 613 a distance of 30.31 feet to the POINT OF BEGINNING. THENCE South 63 degrees 03 minutes 09 seconds East along the said southern right-of-way line of Norfolk and Southern (100.00 foot wide) Railroad a distance of 31.91 feet to a point; THENCE along the eastern and southern lines of said existing easement to Metropolitan St. Louis Sewer District as recorded in Deed Book 4015, Page 613 the following bearings and distances: South 15 degrees 25 minutes 51 seconds West a distance of 189.62 feet to a point and North 82 degrees 49 minutes 24 seconds West a distance of 10.38 feet to the POINT OF BEGINNING of the center line of herein described 10.00 FOOT WIDE EASEMENT #2; THENCE South 07 degrees 10 minutes 36 seconds West along said centerline a distance of 50.29 feet to the POINT OF TERMINATION of herein described 10.00 FOOT WIDE EASEMENT #2. Also A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #1 and A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #2 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 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #1 lying adjacent to the northern line of herein described 30.00 FOOT WIDE EASEMENT #1, bounded on the east by the said western line of an existing easement to Metropolitan St. Louis Sewer District as recorded in Deed Book 19559, Page 1174 and bounded on the west by the said eastern line of an existing easement to Metropolitan St. Louis Sewer District as recorded in Deed Book 4015, Page 613. COMMENCING at the said northern corner of a tract of land, said northern corner also being the northeastern corner of a tract of land conveyed to P C Redevelopment Corporation by deed recorded in Deed Book 10961, Page 606 of said Recorder’s Office and being on the southern right-of-way line of Norfolk and Southern (100.00 foot wide) Railroad; THENCE South 63 degrees 03 minutes 09 seconds East along the said southern right-of-way line of Norfolk and Southern (100.00 foot wide) Railroad a distance of 31.91 feet to a point; THENCE South 15 degrees 25 minutes 51 seconds West along the said eastern line of an existing easement to Metropolitan St. Louis Sewer District as recorded in Deed Book 4015, Page 613 a distance of 189.62 feet to the POINT OF BEGINNING of herein described 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #2; THENCE South 82 degrees 49 minutes 24 seconds East along the southern line of herein described 30.00 FOOT WIDE EASEMENT #1 a distance of 173.95 feet to a point; THENCE South 26 degrees 56 minutes 51 seconds West a distance of 21.25 feet to a point; THENCE North 82 degrees 49 minutes 24 seconds West a distance of 152.13 feet to a point; THENCE South 07 degrees 10 minutes 36 seconds West a distance of 50.29 feet to a point; THENCE North 82 degrees 49 minutes 24 seconds West a distance of 50.00 feet to a point; THENCE North 07 degrees 10 minutes 36 seconds East a distance of 70.29 feet to a point; THENCE South 82 degrees 49 minutes 24 seconds East along the said southern line of an existing easement to Metropolitan St. Louis Sewer District as recorded in Deed Book 4015, Page 613 a distance of 20.00 feet to a point; THENCE along the western, southern and eastern lines of herein described 10.00 FOOT WIDE EASEMENT #2 the following bearing and distances: South 07 degrees 10 minutes 36 seconds West a distance of 50.29 feet to a point, South 82 degrees 49 minutes 24 seconds East a distance of 10.00 feet to a point and North 07 degrees 10 minutes 36 seconds East a distance of 50.29 feet to a point; THENCE South 82 degrees 49 minutes 24 seconds East along the said southern line of an existing easement to Metropolitan St. Louis Sewer District as recorded in Deed Book 4015, Page 613 a distance of 5.38 feet POINT OF BEGINNING. The two (2) VARIABLE WIDTH 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 October 9, 2014.