HomeMy Public PortalAbout14369 Deer Creek Sanitary Tunnel (Clayton Rd to RDP) (11731)ORDINANCE NO. 14369
AN ORDINANCE, repealing the legal descriptions for Parcels L1 and L2 as
described in Ordinance No. 14305, adopted January 14, 2016, and replacing them with the legal
descriptions for Parcels L1 and L2 as described herein, and authorizing staff to now proceed with
condemnation efforts on the easements and temporary easements on Parcels L1 and L2 as
described herein.
WHEREAS, Ordinance No. 14305, adopted January 14, 2016, authorized staff to
proceed with further condemnation efforts related to the project known as Deer Creek Sanitary
Tunnel (Clayton Rd to RDP) (11731), 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; and;
WHEREAS, Ordinance No. 14305, adopted January 14, 2016, contained the legal
descriptions for the easements and temporary easements therein described as Parcels L1 and L2;
and;
WHEREAS, the project plans have changed such that the legal descriptions for
the easements and temporary easements on Parcels L1 and L2 have been revised; and;
WHEREAS, it is necessary that the Board repeal the portion and only the portion
of Ordinance No. 14305, adopted January 14, 2016, that set forth the legal descriptions for the
easements and temporary easements on Parcels L1 and L2, and authorize staff to now proceed
with condemnation efforts on the easements and temporary easements on Parcels L1 and L2 as
described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. The legal descriptions for Parcels L1 and L2 as described in
Ordinance No. 14305, adopted January 14, 2016, are hereby repealed.
Section Two. The legal descriptions for Parcels L1 and L2 are hereby replaced
with the descriptions herein:
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 VARIABLE WIDTH 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:
BEGINNING at the southwestern corner of said Lot 8; THENCE along the southern line of said
Lot 8 along a curve to the left having a radius of 6875.00 feet, an arc length of 30.00 feet, and a
chord that bears North 78 degrees 01 minutes 24 seconds East a distance of 30.00 feet; thence
North 12 degrees 06 minutes 08 seconds West a distance of 10.00 feet; THENCE along a curve
to the left having a radius of 6865.00 feet, an arc length of 117.50 feet, and a chord that bears
North 77 degrees 24 minutes 26 seconds East a distance of 117.49 feet; THENCE South 24
degrees 25 minutes 22 seconds West a distance of 50.09 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.
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 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 76.54 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 25 minutes 22
seconds West a distance of 27.33 feet to the northeastern corner of herein described VARIABLE
WIDTH EASEMENT; THENCE along the northern line of herein described VARIABLE
WIDTH EASEMENT, along a curve to the right having a radius of 6865.00 feet, an arc length of
117.50 feet, and a chord that bears South 77 degrees 24 minutes 26 seconds West a distance of
117.49 feet; THENCE South 12 degrees 06 minutes 08 seconds East a distance of 10.00 feet;
THENCE along a curve to the right having a radius of 6875.00 feet, an arc length of 30.00 feet,
and a chord that bears South 78 degrees 01 minutes 22 seconds West, a distance of 30.00 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.
Section Three. Staff is hereby authorized to proceed with condemnation efforts
on the easements and temporary easements on Parcels L1 and L2 as described herein.
The foregoing ordinance was adopted on May 12, 2016.