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HomeMy Public PortalAbout14305 Deer Creek Sanitary Tunnel (Clayton Rd to RDP) (11731) ver 2ORDINANCE NO. 14305 AN ORDINANCE, declaring the necessity for the acquisition of real property, easements and temporary easements within The Metropolitan St. Louis Sewer District for the purpose of construction of sewers and related appurtenances in the project known as Deer Creek Sanitary Tunnel (Clayton Rd to RDP) (11731) in the Cities of Brentwood, Clayton, Richmond Heights, Maplewood, Shrewsbury, and Webster Groves, 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 and/or the filing of all necessary court pleadings or documents to commence and prosecute formal legal proceedings for the acquisition of said real property, 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 real property, easements and temporary construction easements for the construction of sewers and related appurtenances in the project known as Deer Creek Sanitary Tunnel (Clayton Rd to RDP) (11731) as hereinafter set forth, said real property, easements and temporary easements being more particularly described below: Parcel #03 A 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT through a tract of land conveyed to Laclede Gas Company by Deed Book 292, Page 425 of the St. Louis County Recorder’s Office and being more particularly described as follows and the following elevations are based on North American Vertical Datum of 1988 (NAVD 1988): COMMENCING at the intersection of the eastern right-of-way line of Shrewsbury Avenue (varied width) and the common line between said Laclede Gas Company tract and a tract of land conveyed to Miran Investment Company by Deed Book 6832, Page 1965 of the St. Louis County Recorder’s Office; THENCE along said common line North 82 degrees 42 minutes 28 seconds East a distance of 120.01 feet to the POINT OF BEGINNING of herein described center line of a 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT, said POINT OF BEGINNING having an elevation of 315.54 feet (NAVD 1988); THENCE along said centerline North 43 degrees 26 minutes 17 seconds West a distance of 1030.04 feet to the POINT OF TERMINATION of herein described center line of a 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT, said POINT OF TERMINATION having an elevation of 313.48 feet (NAVD 1988) and also being on the common line between said Laclede Gas Company tract and Burlington Northern Santa Fe Railroad right-of-way (100 feet wide) and lying North 65 degrees 08 minutes 32 seconds East a distance of 1093.15 feet from the intersection of said common line with said eastern right-of-way line of Shrewsbury Avenue (varied width). Parcel #4 A 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT through a tract of land being all of Reserve “A” of Greenwood, a subdivision recorded in Plat Book 3, Page 18 and 19 of the St. Louis County Recorder’s Office and being more particularly described as follows and the following elevations are based on North American Vertical Datum of 1988 (NAVD 1988): COMMENCING at the intersection of the eastern right-of-way line of Shrewsbury Avenue (varied width) and the southern line of said Reserve “A”; THENCE along said southern line South 82 degrees 42 minutes 28 seconds East a distance of 120.01 feet to the POINT OF BEGINNING of herein described center line of a 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT, said POINT OF BEGINNING having an elevation of 315.54 feet (NAVD 1988); THENCE along said centerline North 43 degrees 26 minutes 17 seconds West a distance of 203.13 feet to the POINT OF TERMINATION of herein described center line of a 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT, said POINT OF TERMINATION having an elevation of 315.95 feet (NAVD 1988) and also being on the western line of said Reserve “A”. Parcel #5 A tract of land in U.S. Survey 2035, Township 45 North, Range 6 East and being Lot A of Laclede Gas Subdivision in Shrewsbury a subdivision recorded in Plat Book 357, Page 140 in St. Louis County Records Office, and being more particularly described as follows: BEGINNING at the intersection of the eastern line of property described in deed to 4150 Carr Lane Avenue, LLC recorded in Book 20647, Page 1413 in St. Louis County Records Office with the northern right-of-way line of Interstate 44, from which a rebar (Pitzman SLS10D) lies North 41 degrees 57 minutes 15 seconds East a distance of 0.53 feet; Thence along the eastern line of said 4150 Carr Lane Avenue, LLC tract and property described in deed to Carr Lane Manufacturing Co. recorded in Book 7747, Page 1433 in St. Louis County Records Office, North 24 degrees 42 minutes 45 seconds West a distance of 370.00 feet to a rebar (EDSI); Thence along the eastern line of said Carr Lane Manufacturing Co tract, North 27 degrees 24 minutes 58 seconds East a distance of 172.87 feet to a point on the southern right-of-way line of Burlington Northern Santa Fe Railroad (100 feet wide) from which a rebar (Pitzman SLS10D) lies North 46 degrees 35 minutes 28 seconds East, a distance of 0.05 feet; Thence along said southern right-of- way line, North 65 degrees 08 minutes 32 seconds East a distance of 620.19 feet to a point from which a rebar (Pitzman SLS10D) lies North 45 degrees 18 minutes 04 seconds West, a distance of 0.48 feet; Thence leaving said southern right-of-way line, South 24 degrees 51 minutes 28 seconds East a distance of 106.80 feet to a point on the northwestern right-of-way line of Burlington Northern Santa Fe Railroad (200 feet wide) from which a rebar (Pitzman SLS10D) lies North 26 degrees 40 minutes 35 seconds West a distance of 0.44 feet; Thence along said northwestern right-of-way line, along a curve to the left having radius of 1532.69 feet, an arc length of 188.00 feet, and a chord bearing South 29 degrees 34 minutes 35 seconds West a distance of 187.88 feet to the eastern corner of Lot B of said Laclede Gas Subdivision in Shrewsbury, from which a rebar (Pitzman SLS10D) lies North 10 degrees 30 minutes 30 seconds West a distance of 0.37 feet; Thence along the northeast line of said Lot B, North 68 degrees 56 minutes 16 seconds West a distance of 87.00 feet to the northern corner of said Lot B; Thence along the northwest line of said Lot B, South 21 degrees 03 minutes 44 seconds West a distance of 100.00 feet to the western corner of said Lot B; Thence along the western line of said Lot B, South 28 degrees 56 minutes 16 seconds East a distance of 106.47 feet to a point on said northwestern right-of-way line, also being the southern corner of said Lot B, from which a rebar (Pitzman SLS10D) lies North 09 degrees 40 minutes 01 seconds West a distance of 0.30 feet; Thence along said northwestern right-of-way line, along a curve to the left having radius of 1532.69 feet, an arc length of 173.69 feet, and a chord bearing South 16 degrees 30 minutes 45 seconds West a distance of 173.60 feet to a point on said northern right-of-way line of Interstate 44 from which a rebar (Pitzman SLS10D) lies North 15 degrees 17 minutes 13 seconds East, a distance of 0.20 feet; Thence along said northern right-of-way line the following: South 65 degrees 44 minutes 47 seconds West a distance of 175.06 feet to a point from which a rebar (Pitzman SLS10D) lies North 55 degrees 51 minutes 41 seconds East, a distance of 0.21 feet; Thence South 59 degrees 44 minutes 47 seconds West a distance of 191.30 feet to the POINT OF BEGINNING and containing 5.82 acres, more or less. Parcel #28 A 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT through Adjusted Lot N of Owen Ridge Boundary Adjustment Plat a subdivision as recorded in Plat Book 365, Pages 175 and 176 of the St. Louis County Recorder’s Office, being more particularly described as follows and the following elevations are based on North American Vertical Datum of 1988 (NAVD 1988): COMMENCING at the eastern most corner of the southern corners of said Adjusted Lot N, said POINT OF COMMENCING also being on the northwestern right-of-way line of W. Glen (50.00 foot wide) (Private) Road; THENCE 139.00 feet along the said northwestern right-of-way line being a curve to the right having a radius of 2053.47 feet and a chord bearing of North 45 degrees 39 minutes 48 seconds East to the POINT OF BEGINNING of herein described center line of a 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT, said POINT OF BEGINNING having an elevation of 328.8 feet (NAVD 1988); THENCE 413.00 feet along said center line being a curve to the right having a radius of 1,000.00 feet and a chord bearing of North 55 degrees 08 minutes 01 seconds West to the POINT OF TERMINATION of herein described center line of a 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT, said POINT OF TERMINATION having an elevation of 329.6 feet (NAVD 1988) and being on the southeastern line of a boundary line agreement dated August 16, 1949 as recorded in Deed Book 2553, Page 157 of said Recorder’s Office, excepting therefrom those portions covered by the existing easements recorded in Deed Book 1394, Page 534 and Plat Book 356, Page 122 of said Recorder’s Office. Parcel #40 A 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT through Lot 14 in Block 1 of Maddenville a subdivision as recorded in Plat Book 05, Page 06 of the St. Louis County Recorder’s Office, being more particularly described as follows and the following elevations are based on North American Vertical Datum of 1988 (NAVD 1988): COMMENCING at the southwestern corner of said Lot 14, said southwestern corner also being on the eastern right-of-way line of a 20.00 foot wide alley; THENCE South 82 degrees 06 minutes 04 seconds East along the common line between said Lot 14 and Lot 13 of said Maddenville a distance of 27.43 feet to the POINT OF BEGINNING of herein described center line of a 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT, said POINT OF BEGINNING having an elevation of 332.1 feet (NAVD 1988); THENCE 45.76 feet along said center line being a curve to the right having a radius of 1,000.00 feet and a chord bearing of North 29 degrees 02 minutes 08 seconds West to the POINT OF TERMINATION of herein described center line of a 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT, said POINT OF TERMINATION having an elevation of 332.2 feet (NAVD 1988), said 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT to be bounded on the south by the said common line between said Lots 14 and Lot 13, bounded on the west by the said eastern right-of-way line of a 20.00 foot wide alley and bounded on the north by the common line between said Lot 14 and Lot 15 of said Maddenville. Parcel #42 A 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT through Lot 11 in Block 1 of Maddenville a subdivision as recorded in Plat Book 05, Page 06 of the St. Louis County Recorder’s Office, being more particularly described as follows and the following elevations are based on North American Vertical Datum of 1988 (NAVD 1988): COMMENCING at the northeastern corner of said Lot 11, said northeastern corner also being on the western right-of-way line of a 20.00 foot wide alley; THENCE South 07 degrees 47 minutes 40 seconds West along the eastern line of said Lot 11 a distance of 28.47 feet to a point; THENCE North 62 degrees 14 minutes 31 seconds East a distance of 25.00 feet along a line perpendicular to herein described centerline of said 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT and being the POINT OF BEGINNING of herein described center line of said 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT having an elevation of 332.2 feet (NAVD 1988); THENCE 33.79 feet along said centerline being a curve to the right having a radius of 1,000.00 feet and a bearing of North 26 degrees 47 minutes 25 seconds West to the POINT OF TERMINATION of herein described center line of a 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT, said POINT OF TERMINATION having an elevation of 332.3 feet (NAVD 1988) said 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT to be bounded on the east by the said western right-of-way line and bounded on the north by the said northern line of Lot 11. Parcel #43 A 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT through Lot 10 in Block 1 of Maddenville a subdivision as recorded in Plat Book 05, Page 06 of the St. Louis County Recorder’s Office, being more particularly described as follows and the following elevations are based on North American Vertical Datum of 1988 (NAVD 1988): COMMENCING at the southeastern corner of said Lot 10, said southeastern corner also being on the western right-of-way line of a 20.00 foot wide alley; THENCE North 07 degrees 47 minutes 40 seconds East along the eastern line of said Lot 10, said eastern line being the said western right-of-way line a distance of 15.63 feet to the POINT OF BEGINNING of herein described center line of said 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT having an elevation of 332.3 feet (NAVD 1988); THENCE 40.72 feet along said centerline being a curve to the right having a radius of 1,000.00 feet and a chord bearing of North 24 degrees 32 minutes 06 seconds West to the POINT OF TERMINATION of herein described center line of said 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT, said POINT OF TERMINATION being on the northern line of said Lot 10 and having an elevation of 332.4 feet (NAVD 1988) said 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT to be bounded on the south by the southern line of said Lot 10, bounded on the east by the said western right-of-way line and bounded on the north by the said northern line of Lot 10. Parcel #44 A 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT through Lot 09 in Block 1 of Maddenville a subdivision as recorded in Plat Book 05, Page 06 of the St. Louis County Recorder’s Office, being more particularly described as follows and the following elevations are based on North American Vertical Datum of 1988 (NAVD 1988): COMMENCING at the southeastern corner of said Lot 09, said southeastern corner also being on the western right-of-way line of a 20.00 foot wide alley; THENCE North 82 degrees 06 minutes 04 seconds West along the southern line of said Lot 09 a distance of 21.78 feet to the POINT OF BEGINNING of herein described center line of said 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT having an elevation of 332.4 feet (NAVD 1988); THENCE 57.52 feet along said centerline being a curve to the right having a radius of 1,000.00 feet and a chord bearing of North 21 degrees 43 minutes 14 seconds West to the POINT OF TERMINATION of herein described center line of said 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT, said POINT OF TERMINATION being on the northern line of said Lot 09 and having an elevation of 332.5 feet (NAVD 1988) said 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT to be bounded on the south by the southern line of said Lot 09, bounded on the east by the said western right-of-way line and bounded on the north by the said northern line of Lot 09. Parcel #45 A 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT through Lot 8 in Block 1 of Maddenville a subdivision as recorded in Plat Book 05, Page 06 of the St. Louis County Recorder’s Office, being more particularly described as follows and the following elevations are based on North American Vertical Datum of 1988 (NAVD 1988): COMMENCING at the southwestern corner of said Lot 8, said southwestern corner also being on the eastern right-of-way line of Brentwood (width varies) Boulevard; THENCE South 82 degrees 06 minutes 04 seconds East along the common line between said Lot 8 and Lot 9 of said Maddenville a distance of 91.55 feet to the POINT OF BEGINNING of herein described center line of a 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT, said POINT OF BEGINNING having an elevation of 332.5 feet (NAVD 1988); THENCE 55.82 feet along said center line being a curve to the right having a radius of 1,000.00 feet and a chord bearing of North 18 degrees 28 minutes 25 seconds West to the POINT OF TERMINATION of herein described center line of a 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT, said POINT OF TERMINATION having an elevation of 332.6 feet (NAVD 1988), said 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT to be bounded on the south by the said common line between said Lots 8 and Lot 9 and bounded on the north by the common line between said Lot 8 and Lot 7 of said Maddenville. Parcel #52 A 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT through Lot 1A of Galleria Subdivision Plat Two a subdivision as recorded in Plat Book 307, Pages 62 thru 64 of the St. Louis County Recorder’s Office, being more particularly described as follows and the following elevations are based on North American Vertical Datum of 1988 (NAVD 1988): COMMENCING at the northeastern corner of said Lot 1A, said northeastern corner also being on the western right-of-way line of Brentwood (width varies) Boulevard; THENCE South 05 degrees 36 minutes 55 seconds West along the said western right-of-way line of Brentwood (width varies) Boulevard a distance of 120.84 feet to the POINT OF BEGINNING of herein described center line of a 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT, said POINT OF BEGINNING having an elevation of 351.3 feet (NAVD 1988); THENCE 128.43 feet along said center line being a curve to the left having a radius of 1,000.00 feet and a chord bearing of North 16 degrees 04 minutes 13 seconds West to the POINT OF TERMINATION of herein described center line of a 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT, said POINT OF TERMINATION being on the northern line of said Lot 1A and having an elevation of 351.6 feet (NAVD 1988), said 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT to be bounded on the east by the said western right-of-way line of Brentwood Boulevard and bounded on the north by the said northern line of said Lot 1A. Parcel #53 A 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT through the northern 7.50 feet of the southern half of Ethel (50.00 wide) Avenue (formerly Cadillac Avenue) as recorded in Claynorth Place a subdivision as recorded in Plat Book 23, Page 44 of the St. Louis County Recorder’s Office and vacated by Ordinance 2180 as recorded in Deed Book 3378, Page 174 of said Recorder’s Office, being more particularly described as follows and the following elevations are based on North American Vertical Datum of 1988 (NAVD 1988): COMMENCING at the northeastern corner of Lot 1A of Galleria Subdivision Plat Two a subdivision as recorded in Plat Book 307, Pages 62 thru 64 of the said Recorder’s Office, said northeastern corner also being on the western right-of-way line of Brentwood (width varies) Boulevard; THENCE North 86 degrees 17 minutes 40 seconds West along the northern line of said Lot 1A, said northern line also being the southern line of said northern 7.50 feet of the southern half of Ethel (50.00 wide) Avenue (formerly Cadillac Avenue) a distance of 47.45 feet to the POINT OF BEGINNING of herein described center line of a 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT, said POINT OF BEGINNING having an elevation of 351.6 feet (NAVD 1988); THENCE 8.19 feet along said center line being a curve to the left having a radius of 1,000.00 feet and a chord bearing of North 19 degrees 59 minutes 03 seconds West to the POINT OF TERMINATION of herein described center line of a 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT, said POINT OF TERMINATION being on the centerline of said Ethel (50.00 wide) Avenue (formerly Cadillac Avenue) and having an elevation of 351.6 feet (NAVD 1988), said 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT to be bounded on the north by the said centerline of Ethel and bounded on the south by the said northern line of Lot 1A. Parcel #54 A 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT through the northern half of Ethel (50.00 wide) Avenue (formerly Cadillac Avenue) as recorded in Claynorth Place a subdivision as recorded in Plat Book 23, Page 44 of the St. Louis County Recorder’s Office and vacated by Ordinance 2180 as recorded in Deed Book 3378, Page 174 of said Recorder’s Office, Lots 2 thru 4 of said Claynorth Place and the eastern half of a 15.00 foot wide alley as recorded in said Claynorth Place and vacated by said Ordinance 2180, being more particularly described as follows and the following elevations are based on North American Vertical Datum of 1988 (NAVD 1988): COMMENCING at the intersection of the centerline of said Ethel Avenue and the western right- of-way line of Brentwood (width varies) Boulevard; THENCE North 86 degrees 17 minutes 40 seconds West along said centerline a distance of 59.93 feet to the POINT OF BEGINNING of herein described center line of a 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT, said POINT OF BEGINNING having an elevation of 351.6 feet (NAVD 1988); THENCE 124.77 feet along said center line being a curve to the left having a radius of 1,000.00 feet and a chord bearing of North 23 degrees 47 minutes 35 seconds West to the POINT OF TERMINATION of herein described center line of a 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT, said POINT OF TERMINATION being on the said centerline of a 15.00 foot wide alley and having an elevation of 351.8 feet (NAVD 1988), said 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT to be bounded on the south by the said centerline of Ethel Avenue and bounded on the west by the said centerline of a 15.00 foot wide alley. Parcel #55 A 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT through the western half of a 15.00 foot wide alley in Block 2, Oakland (50.00 foot wide) Avenue (formerly Marmon Avenue), the western half of a 20.00 foot wide alley in Block 1, a 20.00 foot wide alley in Block 1 and Bethesda (50.00 foot wide) Avenue (formerly Studebaker Avenue) as recorded in Claynorth Place a subdivision as recorded in Plat Book 23, Page 44 of the St. Louis County Recorder’s Office and vacated by said Ordinance 2180 as recorded in Deed Book 3378, Page 174 of said Recorder’s Office and Lots 5, 18 thru 20 in Block 2 and Lots 7 thru 13 in Block 1 of said Claynorth Place and being more particularly described as follows, the following elevations are based on North American Vertical Datum of 1988 (NAVD 1988): COMMENCING at the intersection of the centerline of Ethel Avenue as recorded in said Claynorth Place and the centerline of said 15.00 foot wide alley in Block 2; THENCE North 03 degrees 42 minutes 20 seconds East along said centerline of a 15.00 foot wide alley in Block 2 a distance of 110.60 feet to the POINT OF BEGINNING of herein described center line of a 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT NO. 1, said POINT OF BEGINNING having an elevation of 351.8 feet (NAVD 1988); THENCE 226.83 feet along said center line being a curve to the left having a radius of 1,000.00 feet and a chord bearing of North 33 degrees 51 minutes 56 seconds West to the POINT OF TERMINATION of herein described center line of a 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT NO. 1, said POINT OF TERMINATION being on the centerline of said Oakland Avenue; THENCE North 86 degrees 17 minutes 40 seconds East along said centerline of Oakland Avenue a distance of 14.54 feet to a point; THENCE North 03 degrees 42 minutes 20 seconds West along the centerline of said 20.00 foot wide alley in Block 1 a distance of 14.71 feet to the POINT OF BEGINNING of herein described center line of a 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT NO. 2, THENCE 361.23 feet along said center line being a curve to the left having a radius of 1,000.00 feet and a chord bearing of North 51 degrees 53 minutes 50 seconds West to the POINT OF TERMINATION of herein described center line of a 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT NO. 2, said POINT OF TERMINATION being on the eastern line of Lot 1A of Galleria Subdivision Plat Two as recorded in Plat Book 307, Pages 62 thru 64 of said Recorder’s Office, said POINT OF TERMINATION being South 03 degrees 42 minutes 20 seconds West a distance of 59.65 feet along the said eastern line of Lot 1A from the northeastern corner of said Lot 1A, said northeastern corner being on the southern right-of-way line of Clayton (variable width) Road and having an elevation of 353.0 feet (NAVD 1988), said 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT to be bounded on the east by the said centerline of a 15.00 foot wide alley in Block 2, bounded on the north by the said centerline of Oakland Avenue, bounded on the east by the said centerline of a 20.00 foot wide alley in Block 1 and bounded on the west by the said eastern line of Lot 1A of Galleria Subdivision Plat Two. Parcel #56 A 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT through Lot 6 in Block 1 of Claynorth Place a subdivision as recorded in Plat Book 23, Page 44 of the St. Louis County Recorder’s Office, east half of a 20.00 wide vacated alley by Ordinance # 2180 as recorded in Deed Book 3378, Page 174 of said Recorder’s Office and the northern half of Oakland (50.00 foot wide) (formerly Marmon) Avenue as vacated by said Ordinance # 2180 as recorded in said Deed Book 3378 Page 174, being more particularly described as follows and the following elevations are based on North American Vertical Datum of 1988 (NAVD 1988): COMMENCING at the intersection of the centerline of said 20.00 foot wide alley and the centerline of said Oakland Avenue; THENCE South 86 degrees 17 minutes 40 seconds East along the said centerline of Oakland Avenue a distance of 14.54 feet to the POINT OF BEGINNING of herein described center line of a 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT, said POINT OF BEGINNING having an elevation of 352.3 feet (NAVD 1988); THENCE 20.68 feet along said center line being a curve to the left having a radius of 1,000.00 feet and a chord bearing of North 40 degrees 57 minutes 23 seconds West to the POINT OF TERMINATION of herein described center line of a 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT, said POINT OF TERMINATION having an elevation of 352.3 feet (NAVD 1988) and being on the said centerline of a 20.00 foot wide vacated alley, said 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT to be bounded on the south by the said centerline of vacated Oakland Avenue and bounded on the west by the said centerline of vacated 20.00 foot wide alley. Parcel #57 A 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT through Lot 1A of Galleria Subdivision Plat Two a subdivision as recorded in Plat Book 307, Pages 62 thru 64 of the St. Louis County Recorder’s Office, and being more particularly described as follows, the following elevations are based on North American Vertical Datum of 1988 (NAVD 1988): COMMENCING at the northeastern corner of said Lot 1A, said northeastern corner being on the southern right-of-way line of Clayton (variable width) Road; THENCE South 03 degrees 42 minutes 20 seconds West along the common line between said eastern line of Lot 1A and the western line of Claynorth Place a subdivision recorded in Plat Book 23, Page 44 of said Recorder’s Office a distance of 59.62 feet to the POINT OF BEGINNING of herein described center line of a 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT, said POINT OF BEGINNING having an elevation of 353.0 feet (NAVD 1988); THENCE 190.42 feet along said center line being a curve to the left having a radius of 1,000.00 feet and a chord bearing of North 67 degrees 42 minutes 04 seconds West to a Point of Reverse Curvature for said center line; THENCE 208.62 feet along said center line being a curve to the right having a radius of 1,000.00 feet and a chord bearing of North 67 degrees 10 minutes 46 seconds West to the POINT OF TERMINATION of herein described center line of a 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT said POINT OF TERMINATION having an elevation of 353.8 feet (NAVD 1988) and being 25.00 feet and perpendicular from the said centerline to the southern right-of-way line of said Clayton Road, said 50.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT being bound on the north by the southern right-of-way lines of said Clayton Road and bounded on the east by the said western line Claynorth Place, excepting therefrom those portions covered by the existing easements recorded in Plat Book 242, Page 74 a subdivision recorded in said Recorder’s Office. Parcel #76 A VARIABLE WIDTH EASEMENT across a tract of land conveyed to AA McGee Real Estate Holding LLC by deed recorded in Deed Book 20646, Page 2710 of the St. Louis County Recorder’s Office, said tract of land being in U.S. Survey 1930, Township 45 North, Range 6 East and being more particularly described as follows: BEGINNING at the northeastern corner of said tract of land conveyed to AA McGee Real Estate Holding LLC, said northeastern corner also being the southeastern corner of a tract of land conveyed to Frederick Family LLC by deed recorded in Deed Book 16563, Page 2704 of said Recorder’s Office; THENCE South 07 degrees 18 minutes 16 seconds West along the eastern line of said tract of land conveyed to AA McGee Real Estate Holding LLC and its prolongation southerly, said eastern line also being the western line of a tract of land conveyed to Frederick Company Inc. by deed recorded in Deed Book 6701, Page 1233 of said Recorder’s Office a distance of 143.39 feet to a point; THENCE departing the southern prolongation North 90 degrees 00 minutes 00 seconds West a distance of 362.02 feet to a point; THENCE North 01 degrees 33 minutes 54 seconds East along the eastern right-of-way line of Breckenridge Industrial (60.00 feet wide) Court a distance of 20.01 feet to a point; THENCE South 90 degrees 00 minutes 00 seconds East a distance of 223.88 feet to a point; THENCE North 01 degrees 33 minutes 54 seconds West a distance of 62.39 feet to a point; THENCE North 69 degrees 19 minutes 24 seconds East along the central northern line of said tract of land conveyed to AA McGee Real Estate Holding LLC, said central northern line also being the southern line said tract of land conveyed to Frederick Family LLC a distance of 169.54 feet to the POINT OF BEGINNING. 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: BEGINNING at the said northeastern corner of said tract of land conveyed to AA McGee Real Estate Holding LLC; THENCE South 07 degrees 18 minutes 16 seconds West along the said eastern line and its prolongation southerly, a distance of 143.39 feet to the POINT OF BEGINNING of herein described VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT; THENCE departing the southern prolongation South 28 degrees 47 minutes 52 seconds West a distance of 119.82 feet to a point; THENCE North 90 degrees 00 minutes 00 seconds West a distance of 77.55 feet to a point; THENCE North 65 degrees 28 minutes 52 seconds West a distance of 96.60 feet to a point; THENCE North 00 degrees 00 minutes 00 seconds West a distance of 64.91 feet to a point; THENCE North 90 degrees 00 minutes 00 seconds East along the southern line of herein described VARIABLE WIDTH EASEMENT a distance of 223.16 to the POINT OF BEGINNING. Parcel #76 A 20.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT through a tract of land conveyed to AA McGee Real Estate Holding LLC by deed recorded in Deed Book 20646, Page 2710 of the St. Louis County Recorder’s Office, said tract of land being in U.S. Survey 1930, Township 45 North, Range 6 East and being more particularly described as follows, the following elevations are based on North American Vertical Datum of 1988 (NAVD 1988): COMMENCING at the northeastern corner of said tract of land conveyed to AA McGee Real Estate Holding LLC, said northeastern corner also being the southeastern corner of a tract of land conveyed to Frederick Family LLC by deed recorded in Deed Book 16563, Page 2704 of said Recorder’s Office; THENCE South 07 degrees 18 minutes 16 seconds West along the eastern line of said tract of land conveyed to AA McGee Real Estate Holding LLC and its prolongation southerly, said eastern line also being the western line of a tract of land conveyed to Frederick Company Inc. by deed recorded in Deed Book 6701, Page 1233 of said Recorder’s Office a distance of 143.39 feet to a point; THENCE departing the southern prolongation North 90 degrees 00 minutes 00 seconds West a distance of 46.27 feet to the POINT OF BEGINNING of herein described center line of a 20.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT, said POINT OF BEGINNING having an elevation of 319.9 feet (NAVD 1988); THENCE South 02 degrees 16 minutes 13 seconds East along said center line a distance of 142.95 feet to the POINT OF TERMINATION of herein described center line of a 20.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT said POINT OF TERMINATION having an elevation of 319.6 feet (NAVD 1988), said 20.00 FOOT DIAMETER CYLINDRICAL SUBTERRANEAN EASEMENT being bound on the south by the centerline of the East Branch of the River Des Peres. Parcel #L1 A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT across a tract of land conveyed to Abrams Rothman Brentwood Partnership, L.P. by deed recorded in Deed Book 8042, Page 2461 of the St. Louis County Recorder’s Office, said tract of land being Lots 9, 10 and part of Lot 11 of Block 1 of Lavinia Gardens subdivision recorded in Plat Book 34, Page 23 of the St. Louis County Recorder’s Office and being more particularly described as follows: COMMENCING at the northeastern corner of said tract of land conveyed to Abrams Rothman Brentwood Partnership, L.P.; THENCE along the eastern line of said tract of land conveyed to Abrams Rothman Brentwood Partnership, L.P., South 03 degrees 45 minutes 40 seconds West a distance of 15.42 feet to the northeastern corner of said Lot 10, said northeastern corner being the POINT OF BEGINNING; THENCE along the eastern line of said Lots 9 and 10, South 03 degrees 45 minutes 40 seconds West a distance of 76.58 feet to a point on the northern right-of- way line of Red Bud Avenue (30’ wide); THENCE along said northern right-of-way, along a curve to the right having a radius of 6875.00 feet, an arc length of 77.24 feet, and a chord that bears South 78 degrees 28 minutes 12 seconds West a distance of 77.34 feet; THENCE along a curve to the right having a radius of 40.00 feet, an arc length of 13.59 feet, and a chord that bears South 88 degrees 22 minutes 34 seconds West a distance of 13.53 feet; THENCE along a curve to the right having a radius of 45.00 feet, an arc length of 23.18 feet, and a chord that bears North 50 degrees 16 minutes 11 seconds West a distance of 22.93 feet; THENCE North 55 degrees 16 minutes 21 seconds East a distance of 136.22 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easements recorded in Plat Book 34, Page 23 a subdivision recorded in said Recorder’s Office. The VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above described construction. Parcel #L2 A 50 FOOT WIDE EASEMENT across a tract of land conveyed to Abrams-Rothman Brentwood Partnership, L.P. by deed recorded in Deed Book 8211, Page 1948 and Deed Book 19921, Page 1532 of the St. Louis County Recorder’s Office, said tract of land being Lot 8 of Block 1 of Lavinia Gardens subdivision recorded in Plat Book 34, Page 23 of the St. Louis County Recorder’s Office and part of the right-of-way of Red Bud Avenue (60’ wide) vacated by deed recorded in Deed Book 19879, Page 1763 of the St. Louis County Recorder’s Office and being more particularly described as follows: BEGINING at the southwestern corner of said Lot 8; THENCE along the western line of said Lot 8, North 03 degrees 45 minutes 40 seconds East a distance of 20.77 feet; THENCE along a curve to the left having a radius of 6855.00 feet, an arc length of 149.22 feet, and a chord that bears North 77 degrees 28 minutes 38 seconds East a distance of 149.22 feet; THENCE South 24 degrees 25 minutes 22 seconds West a distance of 62.64 feet; THENCE along a curve to the right having a radius of 6905.00 feet, an arc length of 119.00 feet, and a chord that bears South 77 degrees 39 minutes 42 seconds West a distance of 119.00 feet; THENCE North 39 degrees 59 minutes 56 seconds West a distance of 34.05 feet; THENCE along a curve to the left having a radius of 6875.00 feet, an arc length of 16.99 feet, and a chord that bears North 78 degrees 13 minutes 07 seconds East a distance of 16.99 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easements recorded in Plat Book 34, Page 23 a subdivision recorded in 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 southwestern corner of said Lot 8; THENCE along the western line of said Lot 8, North 03 degrees 45 minutes 40 seconds East a distance of 20.77 feet to the POINT OF BEGINNING at the northwestern corner of herein described 50.00 FOOT WIDE EASEMENT; THENCE along the western line of said Lot 8, North 03 degrees 45 minutes 40 seconds East a distance of 55.77 feet to the northwestern corner of said Lot 8; THENCE along the northern line of said Lot 8, South 86 degrees 11 minutes 50 seconds East a distance of 148.36 feet; THENCE South 24 degrees 03 minutes 13 seconds West a distance of 14.78 feet to the northwestern corner of herein described 50.00 FOOT WIDE EASEMENT; THENCE along the northern line of herein described 50.00 FOOT WIDE EASEMENT, along a curve to the right having a radius of 6855.00 feet, an arc length of 149.22 feet, and a chord that bears South 77 degrees 28 minutes 38 seconds West a distance of 149.22 feet to the POINT OF BEGINNING, excepting therefrom those portions covered by the existing easements recorded in Plat Book 34, Page 23 a subdivision recorded in said Recorder’s Office. The VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above described construction. Parcel #L3 A 20 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT across a tract of land conveyed to James N. Foster Jr. and Elizabeth J Foster by deed recorded in Deed Book 20702, Page 0392 of the St. Louis County Recorder’s Office, said tract of land being Lots A, B and C of Resubdivision of Lots 8, 9 and 10 – Block 3 of Lavinia Gardens as recorded in Plat Book 35, Page 15 of the St. Louis County Recorder’s Office and being more particularly described as follows: COMMENCING at the intersection of the eastern line of said Lot A and the northern right-of- way of Red Bud Avenue (60’ wide); THENCE along said northern right-of-way, along a curve to the right having a radius of 647.64 feet, an arc length of 103.31 feet and a chord that bears South 55 degrees 11 minutes 02 seconds West a distance of 103.20 feet to the POINT OF BEGINNING; THENCE along said northern right-of-way, along a curve to the right having a radius of 647.64 feet, an arc length of 74.97 feet and a chord that bears South 63 degrees 04 minutes 11 seconds West a distance of 74.93 feet; THENCE along a curve to the right having a radius of 67.47 feet, an arc length of 34.63 feet and a chord that bears North 76 degrees 39 minutes 06 seconds West a distance of 34.25 feet; THENCE along a curve to the left having a radius of 627.64 an arc length of 100.03 and a chord that bears North 64 degrees 19 minutes 10 seconds East a distance of 99.93 feet; THENCE South 30 degrees 14 minutes 47 seconds East a distance of 20.00 feet to the POINT OF BEGINNING. The 20 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 real property and 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 adopted on January 14, 2016.