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HomeMy Public PortalAbout14222ORDINANCE NO. 14222 AN ORDINANCE, declaring the necessity for the acquisition of real property within The Metropolitan St. Louis Sewer District for the purpose of purchasing property due to inadequate storm and sanitary sewers for the project known as Maline Creek CSO BO 051 & 052 Local Storage Facility (Chain of Rocks Dr to Church Dr) (11656), in the City of St. Louis, Missouri to serve the needs of residents of the area, and authorizing the acquisition of said real property by purchase or by the institution of condemnation proceedings. WHEREAS, there exists within The Metropolitan St. Louis Sewer District an area in the City of St. Louis within the Maline Creek Watershed wherein live and work numerous people; and WHEREAS, storm water and 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 real property for the construction of sewers and related appurtenances in the project known as Maline Creek CSO BO 051 & 052 Local Storage Facility (Chain of Rocks Dr to Church Dr) (11656) as hereinafter set forth, said real property being more particularly described below: Parcel #05 TWO VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS being part of Lot 2 of the subdivision of Paschal H. St. Cyr and others in Partition in U.S. Survey 3 according to a survey recorded in Surveyor’s Record Book 9 Page 247 of the City of St. Louis Records and part of Outlot 115 in City Block 9115 of the City of St. Louis, Missouri and being more particularly described as follows: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #1 Commencing at the intersection of the south line of Lot 2 of the Subdivision of Paschal H. St. Cyr and others in Partition in U.S. Survey 3, according to a survey recorded in Surveyor’s Record Book 9 Page 247 of the City of St. Louis Records and the northern right-of-way line of Riverview (130.00 foot wide) Drive platted Columbia Bottom Road (Ordinance 25982); THENCE South 70 degrees 42 minutes 46 seconds West along the said northern right-of-way line of Riverview Drive a distance of 456.09 feet to the POINT OF BEGINNING of herein described VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #1; THENCE South 70 degrees 42 minutes 46 seconds West along the said northern right-of-way line of Riverview Drive a distance of 80.00 feet to a point; THENCE North 19 degrees 17 minutes 14 seconds West a distance of 150.00 feet to a point; THENCE North 70 degrees 42 minutes 46 seconds East a distance of 80.00 feet to a point; THENCE South 19 degrees 17 minutes 14 seconds East along the western line of a tract of land conveyed to Louis T. Meziere by a deed recorded in Deed Book 11072008 Page 0066 of the said City of St. Louis Records a distance of 150.00 to the POINT OF BEGINNING. A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #2 Commencing at the said intersection of the south line of Lot 2 of the Subdivision of Paschal H. St. Cyr and others in Partition in U.S. Survey 3, according to a survey recorded in Surveyor’s Record Book 9 Page 247 of the City of St. Louis Records and the northern right-of-way line of Riverview (130.00 foot wide) Drive platted Columbia Bottom Road (Ordinance 25982); THENCE North 82 degrees 51 minutes 29 seconds West along the said south line of Lot 2 a distance of 373.59 feet to the POINT OF BEGINNING of herein described VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #2; THENCE North 82 degrees 51 minutes 29 seconds West along said south line of Lot 2 a distance of 90.00 feet to a point; THENCE South 07 degrees 08 minutes 31 seconds East a distance of 228.42 feet to a point; THENCE South 82 degrees 50 minutes 22 seconds East a distance of 130.00 feet to a point; THENCE South 07 degrees 08 minutes 31 seconds West along the western line of a tract of land conveyed to River Trails Associates, L.P. by a deed recorded in Deed Book 07103003 Page 0086 of said City of St. Louis Records a distance of 167.38 feet to a point; THENCE North 82 degrees 51 minutes 29 seconds West a distance of 40.00 feet to a point; THENCE South 07 degrees 08 minutes 31 seconds West a distance of 61.00 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. Parcel #24 A VARIABLE WIDTH EASEMENT across Part of Lot C of DeHater Acres as recorded in Plat Book 35, Pages 42 & 43 of the City of St. Louis, Missouri Recorder of Deeds Office and being more particularly described as follows: Commencing at the southwest corner of proposed Chain of Rocks (80.00 foot wide) Drive as established by the ordinance No 49573 and Riverview (100.00 foot wide) Drive; THENCE North 39 degrees 13 minutes 17 seconds West along the said southwest line of Chain of Rocks Drive a distance of 31.27 feet to the POINT OF BEGINNING of herein described VARIABLE WIDTH EASEMENT; THENCE North 82 degrees 49 minutes 02 seconds West along the North line of Lot 3 of the subdivision of Paschal H. St. Cyr and others in Partition in U.S. Survey 3, according to a survey recorded in Surveyor’s Record Book 9 Page 247 of the City of St. Louis Records and also being the southern line of said Lot C of DeHater Acres a distance of 124.71 feet to a point; THENCE North 11 degrees 42 minutes 04 seconds East a distance of 21.78 feet to a point; THENCE North 51 degrees 15 minutes 06 seconds East a distance of 69.09 feet to a point; THENCE South 39 degrees 13 minutes 17 seconds West along the said southwest line of Chain of Rocks (80.00 foot wide) Drive a distance of 15.30 feet to a point; THENCE North 82 degrees 50 minutes 22 seconds West a distance of 17.32 feet to a point; THENCE South 07 degrees 09 minutes 38 seconds West a distance of 10.00 feet to a point; THENCE South 82 degrees 50 minutes 22 seconds East a distance of 27.81 feet to a point; THENCE South 39 degrees 13 minutes 17 seconds East along said Chain of Rocks Drive a distance of 73.68 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 35 Pages 42 & 43. 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 western and northwestern lines of herein described VARIABLE WIDTH EASEMENT, bounded on the south by the said southern line of Lot C of DeHater Acres and bounded on the northeast by the said southwest line of Chain of Rocks (80.00 foot wide) Drive excepting therefrom those portions covered by the existing easements recorded in said Plat Book 35 Pages 42 & 43. The 10.00 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 if possible, or to institute and prosecute an action in condemnation 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 as hereinabove set out. This foregoing ordinance was adopted September 10, 2015.