HomeMy Public PortalAbout14080-Duchesne and Gott I-I Reduction 11739ORDINANCE NO. 14080
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
Duchesne and Gott I/I Reduction (11739) in the City of Florissant and the Village of Calverton
Park, 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 &/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 within the Coldwater 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 Providence Sanitary Relief (SKME-
640) - 11700 as hereinafter set forth, said easements and temporary easements being more
particularly described below:
Parcel #2
A 5.00 FOOT WIDE EASEMENT across Lot 16 of Gittemeier’s 2nd Add’n. to Florissant
Heights as recorded in Plat Book 51, Page 66 of the St. Louis County, Missouri Recorder’s
Office and being more particularly described as follows:
BEGINNING at the most easterly corner of said Lot 16; THENCE 5.01 feet along the
northwesterly right-of-way line of Jean (50.00 wide) Drive being a curve to the left having a
radius of 50.00 feet and a chord bearing of South 54 degrees 30 minutes 57 seconds West to a
point: THENCE North 32 degrees 36 minutes 52 seconds West a distance of 100.27 feet to a
point; THENCE North 32 degrees 37 minutes 05 seconds East a distance of 5.51 feet to a point;
THENCE South 32 degrees 36 minutes 52 seconds East along the common line of said Lot 16
and Lot 17 of Gittemeier’s 2nd Add’n. to Florissant Heights a distance of 102.32 feet to the
POINT OF BEGINNING, excepting therefrom those portions covered by the existing easements
recorded in said Plat Book 51 Page 66 of said Recorder’s Office.
Also TWO 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:
COMMENCING at the said most easterly corner of Lot 16; THENCE 5.01 feet along the said
northwesterly right-of-way line of Jean (50.00 wide) Drive being a curve to the left having a
radius of 50.00 feet and a chord bearing of South 54 degrees 30 minutes 57 seconds West to a
point; THENCE North 32 degrees 36 minutes 52 seconds West along the southwestern line of
herein described 5.00 FOOT WIDE EASEMENT a distance of 50.04 feet to the POINT OF
BEGINNING; THENCE North 77 degrees 14 minutes 56 seconds West a distance of 14.23 feet
to a point; THENCE North 32 degrees 36 minutes 52 seconds West a distance of 46.50 feet to a
point; THENCE North 32 degrees 37 minutes 05 seconds East a distance of 16.52 feet to a point;
THENCE South 32 degrees 36 minutes 52 seconds East along the said common line of Lot 16
and Lot 17 a distance of 11.01 feet to a point; THENCE along the northwestern and
southwestern lines of herein described 5.00 FOOT WIDE EASEMENT the following bearings
and distances: South 32 degrees 37 minutes 06 seconds West a distance of 5.51 feet to a point
and South 32 degrees 36 minutes 52 seconds East a distance of 50.23 feet to the POINT OF
BEGINNING, excepting therefrom those portions covered by the existing easements recorded in
said Plat Book 51 Page 66 of said Recorder’s Office.
COMMENCING at the said most easterly corner of Lot 16; THENCE 5.01 feet along the said
northwesterly right-of-way line of Jean (50.00 wide) Drive being a curve to the left having a
radius of 50.00 feet and a chord bearing of South 54 degrees 30 minutes 57 seconds West to the
POINT OF BEGINNING; THENCE 10.23 feet along the said northwesterly right-of-way line of
Jean (50.00 wide) Drive being a curve to the left having a radius of 50.00 feet and a chord
bearing of South 45 degrees 47 minutes 14 seconds West to a point; THENCE North 32 degrees
36 minutes 52 seconds West a distance of 31.71 feet to a point; THENCE North 12 degrees 42
minutes 30 seconds East a distance of 8.20 feet to a point; THENCE North 78 degrees 40
minutes 35 seconds West a distance of 6.07 feet to a point; THENCE North 13 degrees 21
minutes 11 seconds East a distance of 11.87 feet to a point; THENCE South 32 degrees 36
minutes 52 seconds East along the said southwestern line of herein described 5.00 FOOT WIDE
EASEMENT a distance of 47.88 feet to the POINT OF BEGINNING, excepting therefrom those
portions covered by the existing easements recorded in said Plat Book 51 Page 66 of said
Recorder’s Office.
The TWO VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS will become
null and void upon completion of the above described construction.
Parcel #3
A 10.00 FOOT WIDE EASEMENT No. 1, a 5.00 FOOT WIDE EASEMENT No. 2 and a
VARIABLE WIDTH EASEMENT No. 3 across Lot 15 of Gittemeier’s 2nd Add’n. to Florissant
Heights as recorded in Plat Book 51, Page 66 of the St. Louis County, Missouri Recorder’s
Office and being more particularly described as follows:
COMMENCING at the common corner of Lot 10, Lot 11, Lot 14 and Lot 15 of said Gittemeier’s
2nd Add’n. to Florissant Heights; THENCE North 82 degrees 35 minutes 09 seconds West along
the common line of said Lots 10 and 15 a distance of 79.35 feet to the POINT OF BEGINNING
of herein described 10.00 FOOT WIDE EASEMENT No. 1; THENCE North 82 degrees 35
minutes 09 seconds West along said common line a distance of 15.00 feet to a point, said point
being the southwestern corner of said Lot 15; THENCE North 07 degrees 20 minutes 13 seconds
East along the western line of said Lot 15 a distance of 10.00 feet to a point; THENCE South 82
degrees 35 minutes 09 seconds East a distance of 15.00 feet to a point; THENCE South 07
degrees 20 minutes 13 seconds West a distance of 10.00 feet to the POINT OF BEGINNING,
excepting therefrom those portions covered by the existing easements recorded in said Plat Book
51 Page 66 of said Recorder’s Office.
BEGINNING at the said common corner of Lot 10, Lot 11, Lot 14 and Lot 15; THENCE North
82 degrees 35 minutes 09 seconds West along the said common line of Lots 10 and 15 a distance
of 5.04 feet to a point; THENCE North 00 degrees 06 minutes 16 seconds East a distance of
61.60 feet to a point; THENCE South 89 degrees 53 minutes 44 seconds East a distance of 5.00
feet to a point; THENCE South 00 degrees 06 minutes 16 seconds West along the common line
of said Lots 15 and 14 a distance of 62.24 feet to the POINT OF BEGINNING of herein
described 5.00 FOOT WIDE EASEMENT No. 2, excepting therefrom those portions covered by
the existing easements recorded in said Plat Book 51 Page 66 of said Recorder’s Office.
COMMENCING at the said common corner of Lot 10, Lot 11, Lot 14 and Lot 15; THENCE
along the common lines of said Lots 14 and 15 the following bearings and distances: North 00
degrees 06 minutes 16 seconds East a distance of 91.00 feet to a point and North 43 degrees 27
minutes 03 seconds East a distance of 16.57 feet to the POINT OF BEGINNING of herein
described VARIABLE WIDTH EASEMENT No. 3; THENCE North 17 degrees 06 minutes 18
seconds East a distance of 15.51 feet to a point of curvature; THENCE 6.91 feet along the
southwestern right-of-way line of Jean (50.00 wide) Drive being a curve to the left having a
radius of 50.00 feet and a chord bearing of South 42 degrees 39 minutes 30 seconds East to a
point, said point being the eastern corner of said Lot 15 and the northwestern corner of said Lot
14; THENCE South 43 degrees 27 minutes 03 seconds West along the said common line of Lots
15 and 14 a distance of 13.43 feet to the POINT OF BEGINNING.
Also two (2) VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS for use
during the construction of any sewer in the above described sewer easements, said VARIABLE
WIDTH TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as
follows:
COMMENCING at the said common corner of Lot 10, Lot 11, Lot 14 and Lot 15; THENCE
North 82 degrees 35 minutes 09 seconds West along the said common line of Lots 10 and 15 a
distance of 5.04 feet to a point; THENCE North 00 degrees 06 minutes 16 seconds East along the
western line of herein described 5.00 FOOT WIDE EASEMENT No. 2 a distance of 5.04 feet to
the POINT OF BEGINNING; THENCE North 82 degrees 35 minutes 09 seconds West along the
northern line of an existing 5.00 foot wide easement as recorded in said Plat Book 51 Page 66 a
distance of 73.67 feet to a point; THENCE along the eastern and northern lines of herein
described 10.00 FOOT WIDE EASEMENT No. 1 the following bearings and distances: North
07 degrees 20 minutes 13 seconds East a distance of 5.00 feet to a point and North 82 degrees 35
minutes 09 seconds West a distance of 15.00 feet to a point; THENCE North 07 degrees 20
minutes 13 seconds East along the said western line of Lot 15 a distance of 5.00 feet to a point;
THENCE South 82 degrees 35 minutes 09 seconds East a distance of 77.32 feet to a point;
THENCE North 00 degrees 06 minutes 16 seconds East a distance of 33.95 feet to a point;
THENCE North 17 degrees 06 minutes 18 seconds East a distance of 34.20 feet to a point;
THENCE South 00 degrees 06 minutes 16 seconds West along the western line of an existing
5.00 foot wide easement as recorded in said Plat Book 51 Page 66 and the western line of herein
described 5.00 FOOT WIDE EASEMENT No. 2 a distance of 78.02 feet to the POINT OF
BEGINNING of herein described VARIABLE WIDTH TEMPORARY CONSTRUCTION
EASEMENTS No. 1, excepting therefrom those portions covered by the existing easements
recorded in said Plat Book 51 Page 66 of said Recorder’s Office.
COMMENCING at the said common corner of Lot 10, Lot 11, Lot 14 and Lot 15; THENCE
along the said common lines of Lots 14 and 15 the following bearings and distances: North 00
degrees 06 minutes 16 seconds East a distance of 91.00 feet to a point and North 43 degrees 27
minutes 03 seconds East a distance of 7.28 feet to the POINT OF BEGINNING of herein
described VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT No. 2;
THENCE North 00 degrees 06 minutes 16 seconds East along the eastern line of an existing
10.00 foot wide easement as recorded in said Plat Book 51 Page 66 a distance of 20.11 feet to a
point; THENCE North 17 degrees 06 minutes 18 seconds East a distance of 13.57 feet to a point
of curvature; THENCE 13.48 feet along the said southwestern right-of-way line of Jean (50.00
wide) Drive being a curve to the left having a radius of 50.00 feet and a chord bearing of South
30 degrees 58 minutes 41 seconds East to a point; THENCE South 17 degrees 06 minutes 18
seconds West along the western line of herein described VARIABLE WIDTH EASEMENT No.
3 a distance of 15.51 feet to a point; THENCE South 43 degrees 27 minutes 03 seconds West
along the said common line of Lots 14 and 15 a distance of 9.28 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 #4
A VARIABLE WIDTH EASEMENT across Lot 14 of Gittemeier’s 2nd Add’n. to Florissant
Heights as recorded in Plat Book 51, Page 66 of the St. Louis County, Missouri Recorder’s
Office and being more particularly described as follows:
BEGINNING at the common corner of Lot 10, Lot 11, Lot 14 and Lot 15 of said Gittemeier’s 2nd
Add’n. to Florissant Heights; THENCE along the common lines of said Lots 14 and 15 the
following bearing and distances: North 00 degrees 06 minutes 16 seconds East a distance of
91.00 feet to a point and North 43 degrees 27 minutes 03 seconds East a distance of 30.00 feet to
a point of curvature; THENCE 4.41 feet along the southern right-of-way line of Jean (50.00
wide) Drive being a curve to the left having a radius of 50.00 feet and a chord bearing of South
49 degrees 08 minutes 38 seconds East to a point; THENCE South 17 degrees 06 minutes 18
seconds West a distance of 64.76 feet to a point; THENCE South 00 degrees 06 minutes 16
seconds West a distance of 48.65 feet to a point; THENCE North 82 degrees 35 minutes 09
seconds West along the common line of said Lots 11 and 14 a distance of 5.04 feet to the POINT
OF BEGINNING, excepting therefrom those portions covered by the existing easements
recorded in said Plat Book 51 Page 66 of said Recorder’s Office.
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:
A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT lying adjacent to the
eastern lines of herein described VARIABLE WIDTH EASEMENT, bounded on the north by
the said southern right-of-way line of Jean (50.00 wide) Drive and bounded on the south by the
common line of said Lots 11 and 14, excepting therefrom those portions covered by the existing
easements recorded in said Plat Book 51 Page 66 of said Recorder’s Office.
The 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT will become null and
void upon completion of the above described construction.
Parcel #5
A 5.00 FOOT WIDE EASEMENT across Lot 11 of Gittemeier’s 2nd Add’n. to Florissant
Heights as recorded in Plat Book 51, Page 66 of the St. Louis County, Missouri Recorder’s
Office and being more particularly described as follows:
A 5.00 FOOT WIDE EASEMENT lying adjacent to the western line of said Lot 11, bounded on
the south by the northern right-of-way line of Jean (50.00 wide) Drive and bounded on the north
by the common line of said Lot 11 and Lot 14 of said Gittemeier’s 2nd Add’n. to Florissant
Heights, excepting therefrom those portions covered by the existing easements recorded in said
Plat Book 51 Page 66 of said Recorder’s Office.
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:
A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT lying adjacent to the
eastern line of herein described 5.00 FOOT WIDE EASEMENT, bounded on the south by the
northern right-of-way line of Jean (50.00 wide) Drive and bounded on the north by the said
common line of Lot 11 and Lot 14, excepting therefrom those portions covered by the existing
easements recorded in said Plat Book 51 Page 66 of said Recorder’s Office.
The 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT will become null and
void upon completion of the above described construction.
Parcel #6
A 5.00 FOOT WIDE EASEMENT across Lot 10 of Gittemeier’s 2nd Add’n. to Florissant
Heights as recorded in Plat Book 51, Page 66 of the St. Louis County, Missouri Recorder’s
Office and being more particularly described as follows:
A 5.00 FOOT WIDE EASEMENT lying adjacent to the eastern line of said Lot 10, bounded on
the south by the northern right-of-way line of Jean (50.00 wide) Drive and bounded on the north
by the common line of said Lot 10 and Lot 15 of said Gittemeier’s 2nd Add’n. to Florissant
Heights, excepting therefrom those portions covered by the existing easements recorded in said
Plat Book 51 Page 66 of said Recorder’s Office.
Also TWO 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:
COMMENCING at the northeastern corner of said Lot 10; THENCE North 82 degrees 35
minutes 09 seconds West along the said common line of Lot 10 and Lot 15 a distance of 5.04
feet to the POINT OF BEGINNING of herein described VARIABLE WIDTH TEMPORARY
CONSTRUCTION EASEMENT NO. 1; THENCE South 00 degrees 06 minutes 16 seconds
West along the western line of herein described 5.00 FOOT WIDE EASEMENT a distance of
80.70 feet to a point; THENCE North 21 degrees 46 minutes 30 seconds West a distance of
26.83 feet to a point; THENCE North 00 degrees 06 minutes 16 seconds East a distance of 57.08
feet to a point; THENCE South 82 degrees 35 minutes 09 seconds East along the said common
line of Lot 10 and Lot 15 a distance of 10.08 feet to the POINT OF BEGINNING, excepting
therefrom those portions covered by the existing easements recorded in said Plat Book 51 Page
66 of said Recorder’s Office.
COMMENCING at the northeastern corner of said Lot 10; THENCE North 82 degrees 35
minutes 09 seconds West along the said common line of Lot 10 and Lot 15 a distance of 5.04
feet to a point; THENCE South 00 degrees 06 minutes 16 seconds West along the said western
line of herein described 5.00 FOOT WIDE EASEMENT a distance of 82.36 feet to the POINT
OF BEGINNING of herein described VARIABLE WIDTH TEMPORARY CONSTRUCTION
EASEMENT NO. 2; THENCE South 00 degrees 06 minutes 16 seconds West along the said
western line of herein described 5.00 FOOT WIDE EASEMENT a distance of 31.10 feet to a
point of curvature; THENCE 11.73 along the said northern right-of-way line of Jean (50.00
wide) Drive being a curve to the left having a radius of 50.00 feet and a chord bearing of South
58 degrees 47 minutes 13 seconds West to a point; THENCE North 00 degrees 06 minutes 16
seconds East a distance of 33.07 feet to a point; THENCE North 67 degrees 46 minutes 30
seconds East a distance of 10.81 feet to the POINT OF BEGINNING.
The TWO 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.