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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.