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HomeMy Public PortalAbout14012ORDINANCE NO. 14012 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 Infrastructure Repair #087P Caulks Creek A (P-750) Phase VI (10656) 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 of the County of St. Louis, in the Cities of Maryland Heights and Chesterfield within the Caulks 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 Infrastructure Repair #087P Caulks Creek A (P-750) Phase VI (10656) as hereinafter set forth, said easements and temporary easements being more particularly described below: Parcel #4 A VARIABLE WIDTH EASEMENT across a tract of land conveyed to Harvey & Sandra Keymer by deed recorded in Deed Book 18473, Page 30 of the St. Louis County Recorder’s Office and being part of Lots 8 & 9 of Moss Hunton’s Lands as recorded in Surveyor’s Record Book 2, Page 21 of said St. Louis County Recorder’s Office and being more particularly described as follows: COMMENCING at the western corner of said tract of land conveyed to Harvey & Sandra Keymer said western corner also being the northern corner of a tract of land conveyed to St. Louis City Water Works by deed recorded in Deed Book 971, Page 16 of said Recorder’s Office and being on the southeastern right-of-way line of the Missouri Central (100 foot wide) Railroad Company; THENCE South 32 degrees 10 minutes 04 seconds East along the southwestern line of said tract of land conveyed to Harvey & Sandra Keymer and the northeastern line of said tract of land conveyed to St. Louis City Water Works a distance of 71.25 feet to the POINT OF BEGINNING of herein described VARIABLE WIDTH EASEMENT; THENCE North 18 degrees 05 minutes 24 seconds East a distance of 100.34 feet to a point; THENCE North 63 degrees 05 minutes 24 seconds East along the said southeastern right-of-way line a distance of 1518.97 feet to a point; THENCE South 29 degrees 05 minutes 24 seconds West a distance of 26.82 feet to a point; THENCE South 63 degrees 05 minutes 24 seconds West a distance of 709.96 feet to a point; THENCE North 26 degrees 54 minutes 36 seconds West a distance of 2.00 feet to a point; THENCE South 63 degrees 05 minutes 24 seconds West a distance of 67.00 feet to a point; THENCE South 26 degrees 54 minutes 36 seconds East a distance of 2.00 feet to a point; THENCE South 63 degrees 05 minutes 24 seconds West a distance of 36.84 feet to a point; THENCE North 26 degrees 54 minutes 36 seconds West a distance of 2.00 feet to a point; THENCE South 63 degrees 05 minutes 24 seconds West a distance of 24.00 feet to a point; THENCE South 26 degrees 54 minutes 36 seconds East a distance of 2.00 feet to a point; THENCE South 63 degrees 05 minutes 24 seconds West a distance of 652.72 feet to a point; THENCE South 18 degrees 05 minutes 24 seconds West a distance of 106.60 feet to a point; THENCE North 32 degrees 10 minutes 04 seconds West along the said southwestern line a distance of 19.51 feet to the POINT OF BEGINNING. Also a 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #1 and a VARIABLE WIDTH 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: COMMENCING at the said western corner of said tract of land; THENCE South 32 degrees 10 minutes 04 seconds East along the said southwestern line a distance of 45.24 feet to the POINT OF BEGINNING of herein described 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #1; THENCE North 18 degrees 05 minutes 24 seconds East a distance of 63.71 feet to a point; THENCE North 63 degrees 05 minutes 24 seconds East along the said southeastern right-of-way line a distance of 28.28 feet to a point; THENCE South 18 degrees 05 minutes 24 seconds West along the western line of herein described VARIABLE WIDTH EASEMENT a distance of 100.34 feet to a point; THENCE North 32 degrees 10 minutes 04 seconds West along the said southwestern line a distance of 26.01 feet to the POINT OF BEGINNING of herein described 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #1. COMMENCING at the said western corner of said tract of land; THENCE South 32 degrees 10 minutes 04 seconds East along the said southwestern line a distance of 90.76 feet to the POINT OF BEGINNING of herein described VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #2; THENCE along the eastern and southeastern lines of herein described VARIABLE WIDTH EASEMENT the following bearings and distances: North 18 degrees 05 minutes 24 seconds East a distance of 106.60 feet to a point, North 63 degrees 05 minutes 24 seconds East a distance of 652.72 feet to a point, THENCE North 26 degrees 54 minutes 36 seconds West a distance of 2.00 feet to a point, THENCE North 63 degrees 05 minutes 24 seconds East a distance of 24.00 feet to a point, THENCE South 26 degrees 54 minutes 36 seconds East a distance of 2.00 feet to a point, THENCE North 63 degrees 05 minutes 24 seconds East a distance of 36.84 feet to a point, THENCE North 26 degrees 54 minutes 36 seconds West a distance of 2.00 feet to a point, THENCE North 63 degrees 05 minutes 24 seconds East a distance of 67.00 feet to a point, THENCE South 26 degrees 54 minutes 36 seconds East a distance of 2.00 feet to a point, THENCE North 63 degrees 05 minutes 24 seconds East a distance of 709.96 feet to a point and North 29 degrees 05 minutes 24 seconds East a distance of 26.82 feet to a point; THENCE North 63 degrees 05 minutes 24 seconds East along the said southeastern right-of-way line a distance of 35.77 feet to a point; THENCE South 29 degrees 05 minutes 24 seconds West a distance of 62.59 feet to a point; THENCE South 63 degrees 05 minutes 24 seconds West a distance of 195.17 feet to a point; THENCE North 26 degrees 54 minutes 36 seconds West a distance of 7.00 feet to a point; THENCE South 63 degrees 05 minutes 24 seconds West a distance of 125.00 feet to a point; THENCE South 26 degrees 54 minutes 36 seconds East a distance of 7.00 feet to a point; THENCE South 63 degrees 05 minutes 24 seconds West a distance of 1168.18 feet to a point; THENCE South 18 degrees 05 minutes 24 seconds West a distance of 114.94 feet to a point; THENCE North 32 degrees 10 minutes 04 seconds West along the said southwestern line a distance of 26.01 feet to the POINT OF BEGINNING The VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of the above described construction. Parcel #40 A 20.00 FOOT WIDE EASEMENT across a tract of land conveyed to Lon K Reising Sr. Trust by deed recorded in Deed Book 17442, Page 2932 of the St. Louis County Recorder’s Office and being part of Lot 7 of Moss Hunton’s Lands as recorded in Surveyor’s Record Book 2, Page 21 of said St. Louis County Recorder’s Office and being more particularly described as follows: BEGINNING at the southern corner of said tract of land conveyed to Lon K Reising Sr. Trust, said southern corner also being the western corner of a tract of land conveyed to St. Louis City Water Works (St. Louis City Water Conduit right-of-way 150’ wide) by deed recorded in Deed Book 594, Page 437 of said Recorder’s Office and being on the common line between Lot 7 and Lot 8 of Moss Hunton’s Lands as recorded in Surveyor’s Record Book 2, Page 21 of said St. Louis County Recorder’s Office; THENCE North 45 degrees 17 minutes 36 seconds West along the said common line between Lot 7 and Lot 8 a distance of 6.32 feet to a point; THENCE North 29 degrees 05 minutes 24 seconds East a distance of 25.04 feet to a point; THENCE North 63 degrees 05 minutes 24 seconds East along the southeastern line of an existing 20.00 foot wide easement conveyed to the Metropolitan St. Louis Sewer District by deed recorded in Deed Book 12334, Page 2382 of said Recorder’s Office a distance of 35.77 feet to a point; THENCE South 29 degrees 05 minutes 24 seconds West a distance of 35.77 feet to a point; THENCE South 63 degrees 05 minutes 24 seconds West along the northwestern property line of said St. Louis City Water Works a distance of 24.88 feet to the POINT OF BEGINNING. 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: BEGINNING at the said southern corner of a tract of land conveyed to Lon K Reising Sr. Trust; THENCE North 45 degrees 17 minutes 36 seconds West along the said common line between Lot 7 and Lot 8 a distance of 37.47 feet to a point; THENCE North 29 degrees 05 minutes 24 seconds East a distance of 131.48 feet to a point; THENCE South 60 degrees 54 minutes 36 seconds East a distance of 80.00 feet to a point; THENCE South 29 degrees 05 minutes 24 seconds West a distance of 76.46 feet to a point; THENCE South 63 degrees 05 minutes 24 seconds West along the said northwestern property line a distance of 78.53 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easement recorded in said Deed Book 12334, Page 2382 and herein described 20.00 FOOT WIDE EASEMENT. 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 December 11, 2014.