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HomeMy Public PortalAbout14081ORDINANCE NO. 14081 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 Rosemary, Philo & Kathleen Sewer Separation (10748) in the Village of Wilbur Park and Unincorporated St. Louis County, 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 Mackenzie 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 Rosemary, Philo & Kathleen Sewer Separation - 10748 as hereinafter set forth, said easements and temporary easements being more particularly described below: Parcel #14 A VARIABLE WIDTH EASEMENT across Lot 18 of Wilbur Park 2nd Addition as recorded in Plat Book 55, Page 98 of the St. Louis County, Missouri Recorder’s Office and being more particularly described as follows: A VARIABLE WIDTH EASEMENT BEGINNING at the Northwest corner of said Lot 18; THENCE South 81 degrees 36 minutes 14 seconds East along the Northerly line of said Lot 18, a distance of 49.99 feet to the Northeast corner of said Lot 18; THENCE South 08 degrees 23 minutes 46 seconds West along the common line of Lot 18 and Lot 17, a distance of 140.00 feet to the Northerly right-of-way of Candace Drive (50.00 feet wide), said point also being the Southeast corner of said Lot 18; THENCE North 81 degrees 36 minutes 14 seconds West along said right-of-way, a distance of 6.00 feet to a point; THENCE leaving said right-of-way North 08 degrees 23 minutes 46 seconds East along a line 6.00 feet West and parallel with the Easterly line of said Lot 18, a distance of 132.70 feet to a point; THENCE North 81 degrees 36 minutes 14 seconds West along a line 7.30 feet South and parallel with the Northerly line of said Lot 18, a distance of 23.83 feet to a point; THENCE North 84 degrees 39 minutes 40 seconds West, a distance of 20.19 feet to a point on the Westerly line of said Lot 18; THENCE North 08 degrees 23 minutes 46 seconds East along said Westerly line, a distance of 8.37 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 55 Page 98 of said Recorder’s Office. Also A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #1 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 Northwest corner of said Lot 18; THENCE South 08 degrees 23 minutes 46 seconds West along the Westerly line of said Lot 18, a distance of 8.37 feet to THE POINT OF BEGINNING; THENCE South 84 degrees 39 minutes 40 seconds East, a distance of 20.19 feet to a point; THENCE South 81 degrees 36 minutes 14 seconds East along a line 7.30 feet South and parallel with the Northerly line of said Lot 18, a distance of 23.83 feet to a point; THENCE South 08 degrees 23 minutes 46 seconds West along a line 6.00 feet West and parallel with the Easterly line of said Lot 18, a distance of 54.16 feet to a point; THENCE North 81 degrees 36 minutes 14 seconds West, a distance of 3.72 feet to a point; THENCE North 22 degrees 33 minutes 09 seconds, a distance of 45.65 to a point; THENCE North 85 degrees 21 minutes 25 seconds West, a distance of 16.83 feet to a point on said Westerly line; THENCE North 08 degrees 23 minutes 46 seconds East along said Westerly line, a distance of 15.03 feet to the POINT OF BEGINNING. The VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above described construction. Also A 20.00 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT #2 for use during the construction of any sewer in the above described sewer easement, said 20.00 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows: COMMENCING at the Northwest corner of said Lot 18; THENCE South 08 degrees 23 minutes 46 seconds West along the Westerly line of said Lot 18, a distance of 8.37 feet to a point; THENCE South 84 degrees 39 minutes 40 seconds East, a distance of 20.19 feet to a point; THENCE South 81 degrees 36 minutes 14 seconds East along a line 7.30 feet South and parallel with the Northerly line of said Lot 18, a distance of 23.83 feet to a point; THENCE South 08 degrees 23 minutes 46 seconds West along a line 6.00 feet West and parallel with the Easterly line of said Lot 18, a distance of 85.39 feet to THE POINT OF BEGINNING; THENCE continuing along said parallel line South 08 degrees 23 minutes 46 seconds West, a distance of 47.32 feet to a point on the Northerly right-of-way of Candace Drive (50.00 feet wide); THENCE along said right-of-way the following courses and distances: North 81 degrees 36 minutes 14 seconds West, a distance of 8.60 feet to a point of curvature; THENCE along a curve to the right, having a radius of 50.00 feet, an arc length of 11.50 feet, and a chord bearing North 75 degrees 00 minutes 59 seconds West, a chord distance of 11.47 to a point; THENCE leaving said right-of-way North 08 degrees 23 minutes 46 seconds East along a line 26.00 feet West and parallel with the Easterly line of said Lot 18, a distance of 46.00 feet to a point; THENCE South 81 degrees 36 minutes 14 seconds West, a distance of 20.00 feet to THE POINT OF BEGINNING. The 20.00 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above described construction. Parcel #17 A VARIABLE WIDTH EASEMENT across Lot 21 of Wilbur Park 2nd Addition as recorded in Plat Book 55, Page 98 of the St. Louis County, Missouri Recorder’s Office and being more particularly described as follows: A VARIABLE WIDTH EASEMENT BEGINNING at the Northwest corner of said Lot 21; THENCE South 81 degrees 36 minutes 14 seconds East, along the common line between said Lot 21 and Lot 20, a distance of 74.93 feet to a point on the right-of-way of Candace Drive (50 foot wide); THENCE along a curve to the left having a radius of 50.00 feet, an arc distance of 4.47 feet and a chord that bears South 05 degrees 49 minutes 56 seconds West, a chord distance of 4.47 feet to a point; THENCE North 81 degrees 37 minutes 23 seconds West, a distance of 74.54 feet to a point on the Westerly line of said Lot 21; THENCE North 00 degrees 58 minutes 46 seconds East along said Westerly line, a distance of 4.53 to the POINT OF BEGINNING, excepting therefrom that portion covered by the existing easement recorded in said Plat Book 55 Page 98 of said Recorder’s Office. Also A 15.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the construction of any sewer in the above described sewer easement, said 15 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows: A 15.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT, lying adjacent to the Southerly line of the above described variable width easement, bounded on the West by the Westerly line of Lot 21 and bounded on the East by the right-of-way of Candace Drive (50 foot wide). The 15.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above described construction. Parcel #34 A 5.00 FOOT WIDE AND 2.00 FOOT WIDE EASEMENTS across Lot 15 of Wilbur Park 2nd Addition as recorded in Plat Book 55, Page 98 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 Northerly line of said Lot 15, bounded on the East by the Easterly line of said Lot 15, bounded on the West by the Westerly line of said Lot 15; excepting therefrom that portion covered by the existing easement recorded in said Plat Book 55 Page 98 of said Recorder’s Office. A 2.00 FOOT WIDE EASEMENT, lying adjacent to the Westerly line of said Lot 15, bounded on the North by a line lying 5.00 feet South and parallel with the Northerly line of said Lot 15, said line also being the Southerly line of the above described 5.00 foot wide easement, bounded on the South by a line lying 40.30 feet South and parallel with the Northerly line of said Lot 15. 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 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows: A 5.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT, lying adjacent to the Easterly and Southerly line of the above described 2.00 foot wide easement, bounded on the North by a line lying 5.00 feet South and parallel with the Northerly line of said Lot 15, said line also being the Southerly line of the above described 5.00 foot wide easement, bounded on the West by the Westerly line of said Lot 15. The 5.00 FOOT WIDE 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.