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HomeMy Public PortalAbout14279ORDINANCE NO. 14279 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 FF- 16 Schuetz - Meadowside to Page Sanitary Relief (10601) in the City of Maryland Heights 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 Fee Fee 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 FF-16 Schuetz - Meadowside to Page Sanitary Relief (10601) as hereinafter set forth, said easements and temporary easements being more particularly described below: The foregoing ordinance was approved on December 10, 2015 Parcel #12 A 10.00 FOOT WIDE EASEMENT across part of Lot 10B of Prestige Motor Sports as recorded in Plat Book 352, Page 178 of the St. Louis County Recorder’s Office and being more particularly described as follows: Commencing at the southeastern corner of said Lot 10B, said southeastern corner also being the northeastern corner of Lot 10A of said Prestige Motor Sports; THENCE North 11 degrees 46 minutes 29 seconds West along the eastern line of said Prestige Motor Sports a distance of 149.12 feet to the Point of Beginning of the center line of herein described 10.00 FOOT WIDE EASEMENT; THENCE North 49 degrees 03 minutes 02 seconds West a distance of 31.81 feet to a point; THENCE North 03 degrees 42 minutes 53 seconds East a distance of 6.70 feet to the POINT OF TERMINATION of herein described 10.00 FOOT WIDE EASEMENT, said POINT OF TERMINATION being on the southern right-of-way line of Page (variable width) (State Highway D) Avenue, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 352 Page178, Plat Book 101 Page 94 and Deed Book 6607, Page 943 of said recorder’s office. Also two (2) TEMPORARY CONSTRUCTION EASEMENTS 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 VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT lying adjacent to the northeastern and eastern lines of herein described 10.00 FOOT WIDE EASEMENT, bounded on the east by the said eastern line of Lot 10B and bounded on the north by the said southern right- of-way line of Page Avenue, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 352 Page178, Plat Book 101 Page 94 and Deed Book 6607, Page 943 of said recorder’s office. A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT lying adjacent to the southwestern and western lines of herein described 10.00 FOOT WIDE EASEMENT, bounded on the east by the said eastern line of Lot 10B and bounded on the north by the said southern right-of-way line of Page Avenue, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 352 Page178, Plat Book 101 Page 94 and Deed Book 6607, Page 943 of said recorder’s office. The two (2) TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of the above described construction. Parcel #20 A 10.00 FOOT WIDE EASEMENT across part of Lot 3A in Resubdivision of Lot 3 of Westport Center as recorded in Plat Book 357, Page 489 of the St. Louis County Recorder’s Office and being more particularly described as follows: Commencing at the western corner of said Lot 3A, said western corner of Lot 3A also being the eastern corner of West Park Apartments II as recorded in Plat Book 343, Page 38 of said recorder’s office; THENCE North 84 degrees 56 minutes 55 seconds East along a common line being the northwestern line said Lot 3A and the southern line of Lot 2 of Westport Center as recorded in Plat Book 346, Page 730 of said recorder’s office a distance of 105.46 feet to the Point of Beginning of herein described 10.00 FOOT WIDE EASEMENT; THENCE North 84 degrees 56 minutes 55 seconds East along said common line a distance of 37.81 feet to a point; THENCE South 85 degrees 19 minutes 55 seconds East a distance of 156.02 feet to a point of curvature; THENCE 12.95 feet along a curve to the left being the southwestern right-of-way line of Westport Center (width varies) Drive, having a radius of 65.00 feet and a chord bearing of South 34 degrees 39 minutes 49 seconds East to a point; THENCE North 85 degrees 19 minutes 55 seconds West a distance of 194.65 feet to a point; THENCE North 57 degrees 27 minutes 03 seconds West a distance of 7.73 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 346 Page 730. Also two (2) 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENTS for use during the construction of any sewer in the above described sewer easement, said 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as follows: A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #1 lying adjacent to the northern line of herein described 10.00 FOOT WIDE EASEMENT, bounded on the east by the said southwestern right-of-way line of Westport Center (width varies) Drive and bounded on the north by the said common line being the northwestern line Lot 3A and the southern line of Lot 2 of Westport Center, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 346 Page 730. A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #2 lying adjacent to the southern line of herein described 10.00 FOOT WIDE EASEMENT, bounded on the east by the said southwestern right-of-way line of Westport Center (width varies) Drive and the western line of Lot 3B of said Resubdivision of Lot 3 of Westport Center and bounded on the north by the said common line being the northwestern line Lot 3A and the southern line of Lot 2 of Westport Center, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 346 Page 730. The two (2) 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of the above described construction. Parcel #21 A 10.00 FOOT WIDE EASEMENT across part of Lot 4B in Resubdivision of Lot 4 of Westport Center as recorded in Plat Book 357, Page 491 of the St. Louis County Recorder’s Office and being more particularly described as follows: Commencing at the southwestern corner of said Lot 4B; THENCE North 07 degrees 57 minutes 39 seconds West along a common line being the western line said Lot 4B and the northern most of the eastern lines of Lot 3 in Westport Center as recorded in Plat Book 346, Page 730 of said recorder’s office a distance of 87.38 feet to a point of curvature; THENCE 43.43 feet along the southern right-of-way line of Westport Center (width varies) Drive, having a radius of 65.00 feet and a chord bearing of North 62 degrees 54 minutes 32 seconds East to the POINT OF BEGINNING of the center line of herein described 10.00 FOOT WIDE EASEMENT; THENCE South 85 degrees 19 minutes 55 seconds East a distance of 54.18 feet to a point; THENCE South 48 degrees 21 minutes 37 seconds East a distance of 430.11 feet to a point; THENCE South 00 degrees 13 minutes 06 seconds East a distance of 13.51 feet to the POINT OF TERMINATION of herein described 10.00 FOOT WIDE EASEMENT, said POINT OF TERMINATION being on the common line of said Lot 4B and said Lot 3, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 346 Page 730. Also two (2) 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENTS for use during the construction of any sewer in the above described sewer easement, said 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as follows: A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #1 lying adjacent to the northern, northeastern and eastern lines of herein described 10.00 FOOT WIDE EASEMENT, bounded on the west by the said southern right-of-way line of Westport Center (width varies) Drive and bounded on the south by the said common line of Lot 4B and Lot 3, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 346 Page 730. A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #1 lying adjacent to the southern, southwestern and western lines of herein described 10.00 FOOT WIDE EASEMENT, bounded on the west by the said southern right-of-way line of Westport Center (width varies) Drive and the said common line being the western line of Lot 4B and the said northern most of the eastern lines of Lot 3 in Westport Center and bounded on the south by the said common line of Lot 4B and Lot 3, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 346 Page 730. The two (2) 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of the above described construction. Parcel #31 A 10.00 FOOT WIDE EASEMENT across part of Lot 96 of Graeler Park Plat Three as recorded in Plat Book 86, Page 17 of the St. Louis County Recorder’s Office, except the south 5.00 feet conveyed to Graeler Park Swimming Club by deed recorded in Deed Book 4302, Page 585 of the said St. Louis County Recorder’s Office and being more particularly described as follows: Commencing at the northeastern corner of said Lot 96, said northeastern corner also being on the eastern line of said Graeler Park Plat Three; THENCE North 75 degrees 53 minutes 29 seconds West along the common line between said Lot 96 and Lot 95 of said Graeler Park Plat Three a distance of 43.75 feet to the Point of Beginning of the center line of herein described 10.00 FOOT WIDE EASEMENT; THENCE South 18 degrees 29 minutes 52 seconds West a distance of 90.26 feet to the POINT OF TERMINATION of herein described 10.00 FOOT WIDE EASEMENT, said POINT OF TERMINATION being on the northern line of said south 5.00 feet conveyed to Graeler Park Swimming Club, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 86 Page17 of said recorder’s office. Also two (2) TEMPORARY CONSTRUCTION EASEMENTS 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 VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #1 Commencing at the said northeastern corner of Lot 96; THENCE North 75 degrees 53 minutes 29 seconds West along the said common line between Lot 96 and Lot 95 a distance of 48.77 feet to the POINT OF BEGINNING of herein described VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #1; THENCE South 18 degrees 29 minutes 52 seconds West along the western line of herein described 10.00 FOOT WIDE EASEMENT a distance of 90.26 feet to a point; THENCE North 75 degrees 53 minutes 29 seconds West along the said northern line of south 5.00 feet conveyed to Graeler Park Swimming Club a distance of 20.06 feet to a point; THENCE North 18 degrees 29 minutes 52 seconds East a distance of 18.30 feet to a point; THENCE South 71 degrees 30 minutes 08 seconds East a distance of 8.99 feet to a point; THENCE North 18 degrees 29 minutes 52 seconds East a distance of 34.96 feet to a point; THENCE North 71 degrees 30 minutes 08 seconds West a distance of 8.99 feet to a point; THENCE North 18 degrees 29 minutes 52 seconds East a distance of 37.01 feet to a point; THENCE South 75 degrees 53 minutes 29 seconds East along the said common line between Lot 96 and Lot 95 a distance of 20.06 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 86 Page17 of said recorder’s office. A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #2 Commencing at the said northeastern corner of Lot 96; THENCE North 75 degrees 53 minutes 29 seconds West along the said common line between Lot 96 and Lot 95 a distance of 38.74 feet to a point; THENCE South 18 degrees 29 minutes 52 seconds West along the eastern line of herein described 10.00 FOOT WIDE EASEMENT a distance of 26.75 feet to the POINT OF BEGINNING of herein described 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #2; THENCE South 71 degrees 30 minutes 08 seconds East a distance of 20.00 feet to a point; THENCE South 18 degrees 29 minutes 52 seconds West a distance of 61.98 feet to a point; THENCE North 75 degrees 53 minutes 29 seconds West along the said northern line of south 5.00 feet conveyed to Graeler Park Swimming Club a distance of 20.06 feet to a point; THENCE North 18 degrees 29 minutes 52 seconds East along the eastern line of herein described 10.00 FOOT WIDE EASEMENT a distance of 63.52 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easements recorded in said Plat Book 86 Page17 of said recorder’s office. The two (2) 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. The foregoing ordinance was approved on December 10, 2015