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HomeMy Public PortalAbout14082ORDINANCE NO. 14082 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 Sherwyn Sanitary Relief (SKME-651) & I/I Reduction (10754) in the City of Creve Coeur, 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 Deer 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 Sherwyn Sanitary Relief (SKME- 651) & I/I Reduction (10754) as hereinafter set forth, said easements and temporary easements being more particularly described below: Parcel #2 A VARIABLE WIDTH EASEMENT across a tract of land in the southwest quarter of the southwest quarter of Section 1, Township 45 North, Range 5 East as conveyed to Penny W. Koder (Trustee) by Deed Book 14934, Page 1603 of the St. Louis County, Missouri Recorder’s Office and being more particularly described as follows: BEGINNING at the southeastern corner of said tract of land conveyed to Penny W. Koder (Trustee), said southeastern corner also being the southwestern corner of Lot 6 of Country View Estates as recorded in said Plat Book 72 Page 02 of said Recorder’s Office; THENCE North 89 degrees 27 minutes 42 seconds West along the southern line of said tract of land conveyed to Penny W. Koder (Trustee), said southern line also being part of the northern line of LOT 9 and Lot 3 of Sherwyn Lane Subd. as recorded in Plat Book 60 Page 26 of said Recorder’s Office a distance of 211.82 feet to a point; THENCE North 00 degrees 32 minutes 18 seconds East a distance of 5.00 feet to a point; THENCE South 89 degrees 27 minutes 42 seconds East a distance of 118.44 to a point; THENCE North 00 degrees 56 minutes 33 seconds East a distance of 134.94 feet to a point; THENCE North 25 degrees 15 minutes 12 seconds West a distance of 7.92 feet to a point; THENCE South 89 degrees 27 minutes 42 seconds East along the northern line of said tract of land conveyed to Penny W. Koder (Trustee), said northern line also being the southern line of a tract of land conveyed to Scott F. Nolen and Rachel S. Nolen by Deed Book 15174, Page 1868 recorded in said St. Louis County, Missouri Recorder’s Office a distance of 11.11 feet to a point; THENCE South 25 degrees 15 minutes 12 seconds East a distance of 5.41 feet to a point; THENCE South 00 degrees 56 minutes 33 seconds West a distance of 137.20 feet to a point; THENCE South 89 degrees 27 minutes 42 seconds East a distance of 83.37 feet to a point; THENCE South 00 degrees 24 minutes 18 seconds West along the eastern line of said tract of land conveyed to Penny W. Koder (Trustee), said eastern line also being the western line of said Lot 6 of Country View Estates a distance of 5.00 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easement recorded in Deed Book 3973 Page 448 of said Recorder’s Office. Also A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT No. 1 and A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT No. 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 southeastern corner of a tract of land conveyed to Penny W. Koder (Trustee); THENCE North 89 degrees 27 minutes 42 seconds West along the said southern line of a tract of land conveyed to Penny W. Koder (Trustee) a distance of 211.82 feet to a point; THENCE North 00 degrees 32 minutes 18 seconds East a distance of 5.00 feet to the POINT OF BEGINNING of herein described VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT No. 1; THENCE North 00 degrees 32 minutes 18 seconds East a distance of 10.00 feet to a point; THENCE South 89 degrees 27 minutes 42 seconds East a distance of 88.51 feet to a point; THENCE North 00 degrees 56 minutes 33 seconds East a distance of 118.18 feet to a point; THENCE North 25 degrees 15 minutes 12 seconds West a distance of 15.43 feet to a point; THENCE South 89 degrees 27 minutes 42 seconds East along the said northern line of a tract of land conveyed to Penny W. Koder (Trustee) a distance of 33.32 feet to a point; THENCE along the western and northern lines of herein described VARIABLE WIDTH EASEMENT the following bearings and distances: South 25 degrees 15 minutes 12 seconds East a distance of 7.92 feet to a point, South 00 degrees 56 minutes 33 seconds West a distance of 134.94 feet to a point and North 89 degrees 27 minutes 42 seconds West a distance of 118.44 feet to the POINT OF BEGINNING. A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT No. 2 lying adjacent to the eastern and northern lines of herein described VARIABLE WIDTH EASEMENT, bounded on the north by the said northern line of a tract of land conveyed to Penny W. Koder (Trustee), and bounded on the east by the said eastern line of a tract of land conveyed to Penny W. Koder (Trustee), excepting therefrom those portions covered by the existing easement recorded in Deed Book 3973 Page 448 of said Recorder’s Office. The VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT No. 1 and A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT No. 2 will become null and void upon completion of the above described construction. Parcel #3 A VARIABLE WIDTH EASEMENT across Lot 3 of Sherwyn Lane Subd. as recorded in Plat Book 60, Page 26 of the St. Louis County, Missouri Recorder’s Office and being more particularly described as follows: BEGINNING at the northeastern corner of said Lot 3; THENCE South 00 degrees 32 minutes 17 seconds East along the common line between said Lot 3 and Lot 9 of said Sherwyn Lane Subd. a distance of 162.14 feet to a point, said point being the southeastern corner of said Lot 3; THENCE South 69 degrees 53 minutes 11 seconds West along the southeastern line of said Lot 3 a distance of 5.34 feet to a point; THENCE North 00 degrees 32 minutes 17 seconds West a distance of 154.03 feet to a point; THENCE North 89 degrees 27 minutes 42 seconds West a distance of 153.34 feet to a point; THENCE North 28 degrees 19 minutes 12 seconds East along the northwestern line of said Lot 3 a distance of 11.29 feet to a point, said point being the northwestern corner of said Lot 3; THENCE South 89 degrees 27 minutes 42 seconds East along the northern line of said Lot 3 a distance of 153.08 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 60 Page 26 of said Recorder’s Office. 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: COMMENCING at the said northeastern corner of Lot 3; THENCE South 00 degrees 32 minutes 17 seconds East along the said common line between Lot 3 and Lot 9 a distance of 162.14 feet to a point, said point being the said southeastern corner of Lot 3; THENCE South 69 degrees 53 minutes 11 seconds West along the said southeastern line of Lot 3 a distance of 5.34 feet to the POINT OF BEGINNING; THENCE South 69 degrees 53 minutes 11 seconds East along the said southeastern line of Lot 3 a distance of 15.98 feet to a point; THENCE North 02 degrees 58 minutes 37 seconds West a distance of 129.91 feet to a point; THENCE North 89 degrees 27 minutes 42 seconds West a distance of 146.23 feet to a point; THENCE North 28 degrees 19 minutes 12 seconds East along the said northwestern line of Lot 3 a distance of 33.91 feet to a point; THENCE along the southern and western lines of herein described VARIABLE WIDTH EASEMENT the following bearings and distances: South 89 degrees 27 minutes 42 seconds East a distance of 153.34 feet to a point and South 00 degrees 32 minutes 17 seconds East a distance of 154.03 to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 60 Page 26 of said Recorder’s Office. The VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above described construction. Parcel #6 A 10.00 FOOT WIDE EASEMENT across Lot 7 of Sherwyn Lane Subd. as recorded in Plat Book 60, Page 26 of the St. Louis County, Missouri Recorder’s Office and being more particularly described as follows: COMMENCING at the common corner of said Lot 7, Lot 3, Lot 5 and Lot 9 of said Sherwyn Lane Subd.; THENCE South 68 degrees 48 minutes 38 seconds East along the common line of said Lots 7 and 9 a distance of 16.03 feet to the POINT OF BEGINNING of the centerline of herein described 10.00 FOOT WIDE EASEMENT; THENCE South 14 degrees 01 minutes 00 seconds East a distance of 238.69 feet to the POINT OF TERMINATION, said POINT OF TERMINATION being on the northwesterly right-of-way line of Sherwyn (50.00 foot wide) Lane, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 60 Page 26 of said Recorder’s Office. Also A 30.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT No. 1 and A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT No. 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 30.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT No. 1 lying adjacent to the western line of herein described 10.00 FOOT WIDE EASEMENT, bounded on the north by the said common line of Lots 7 and 9, bounded on the west by the common line of said Lot 5 and said Lot 7 and bounded on the southeast by the said northwesterly right-of-way line of Sherwyn (50.00 foot wide) Lane, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 60 Page 26 of said Recorder’s Office. A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT No. 2 lying adjacent to the eastern line of herein described 10.00 FOOT WIDE EASEMENT, bounded on the north by the said common line of Lots 7 and Lot 9, bounded on the southeast by the said northeasterly right-of-way line of Sherwyn (50.00 foot wide) Lane and bounded on the east by the following documents recorded in the St. Louis County, Missouri Recorder’s Office: an existing 20.00 foot wide Easement to Metropolitan St. Louis Sewer District as recorded in Plat Book 60, Page 26, an existing easement to Metropolitan St. Louis Sewer District as recorded in Deed Book 7972, Page 2429, an existing variable width easement to Metropolitan St. Louis Sewer District as recorded in Deed Book 7930, Page 585 and an existing 10.00 foot wide easement to Metropolitan St. Louis Sewer District as recorded in Deed Book 3943, Page 134, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 60 Page 26 of said Recorder’s Office. The VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT No. 1 and A 15.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above described construction. Parcel #11 A 10.00 FOOT WIDE EASEMENT across Lot 1 of Sherwyn Lane Subd. as recorded in Plat Book 60, Page 26 of the St. Louis County, Missouri Recorder’s Office and being more particularly described as follows: BEGINNING at the northeastern corner of said Lot 1; THENCE South 28 degrees 19 minutes 13 seconds West along the common line between said Lot 1 and Lot 3 of said Sherwyn Lane Subd. a distance of 11.30 feet to a point; THENCE North 89 degrees 27 minutes 42 seconds West a distance of 20.00 feet to a point; THENCE North 00 degrees 32 minutes 18 seconds East a distance of 10.00 feet to a point; THENCE South 89 degrees 27 minutes 42 seconds East along the northern line of said Lot 1, said northern line also being the southern line of a tract of land conveyed to Penny W. Koder (Trustee) a distance of 25.27 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 60 Page 26 of said Recorder’s Office. 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: COMMENCING at the said northeastern corner of Lot 1; THENCE South 28 degrees 19 minutes 13 seconds West along the said common line between Lot 1 and Lot 3 a distance of 11.30 feet to the POINT OF BEGINNING; THENCE South 28 degrees 19 minutes 13 seconds West along the said common line between Lot 1 and Lot 3 a distance of 33.91 feet to a point; THENCE North 89 degrees 27 minutes 42 seconds West a distance of 4.19 feet to a point; THENCE North 00 degrees 32 minutes 18 seconds East a distance of 30.00 feet to a point; THENCE South 89 degrees 27 minutes 42 seconds East along the southern line of herein described 10.00 FOOT WIDE EASEMENT a distance of 20.00 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 60 Page 26 of said Recorder’s Office. 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.