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HomeMy Public PortalAbout14406 Caulks Creek Forcemain (River Valley Rd to L-52) (11790)ORDINANCE NO. 14406 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 Caulks Creek Forcemain (River Valley Rd to L-52) (11790) in the City of Maryland Heights, 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 Caulks 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 Caulks Creek Forcemain (River Valley Rd to L-52)(11790) as hereinafter set forth, said easements and temporary easements being more particularly described below: The foregoing ordinance was adopted on July 14, 2016. Parcel #3 A 30.00 FOOT WIDE EASEMENT across a tract of land conveyed to Cordell V. Queathem, Jr. and Mary Elizabeth Hoelting as Co-Trustees of the Evelyn Queathem Irrevocable Family Trust Agreement Dated June 23, 2014 by deed recorded in Deed Book 21069, Page 647 of the St. Louis County, Missouri Recorder’s Office, lying partly in U.S. Survey 949 and being more particularly described as follows: A 30.00 FOOT WIDE EASEMENT lying adjacent to the southern right-of-way line of Hog Hollow (40.00 foot wide) Road, bounded on the west by the eastern right-of-way line of Hog Hollow (40.00 foot wide) Road and bounded on the east by the eastern line of herein described Queathem property, said eastern line also being the western line of a tract of land conveyed to the Stemme Family Partnership as conveyed by deed recorded in Deed Book 11114, Page 1452 of said Recorder’s Office and also being the eastern line of U.S. Survey 949, excepting therefrom those portions covered by the existing 10.00 foot wide easement to the Metropolitan St. Louis Sewer District as recorded in Deed Book 7559, Page 2154 and Deed Book 7980, Page 567 of said Recorder’s Office, Also a 10.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE for use during the construction of any sewer in the above described sewer easements, said 10.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE being more particularly described as follows: A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT lying adjacent to the southern line of herein described 30.00 FOOT WIDE EASEMENT, bounded on the west by the said eastern right-of-way line of Hog Hollow (40.00 foot wide) Road and bounded on the east by the said eastern line of herein described Queathem property. The 10.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE will become null and void upon completion of the above described construction. Parcel #5 A 5.00 FOOT WIDE EASEMENT across a tract of land conveyed to Stemme Family Partnership L.P. as recorded in Deed Book 11114, Page 1452 of the St. Louis County, Missouri Recorder’s Office, lying partly in Fractional Section 25 Township 46 North, Range 4 East and being more particularly described as follows: A 5.00 FOOT WIDE EASEMENT lying north of and adjacent to the southern property line of said tract of land conveyed to Stemme Family Partnership L.P., bounded on the west by the eastern line of U.S. Survey 949 and also being the northern most of the eastern property lines of a tract of land conveyed to Debra S. Hente and Gary W. Hente Trustees by deed recorded in Deed Book 16079, Page 3255 of said Recorder’s Office and bounded on the east by the western right-of-way line of River Valley (30.00 foot wide) Drive. Also a 10.00 FOOT WIDE TEMPORAY CONSTRUCTION LICENSE for use during the construction of any sewer in the above described sewer easement, said 10.00 FOOT WIDE TEMPORAY CONSTRUCTION LICENSE being more particularly described as follows: A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT lying north of and adjacent to the northern line of herein described 5.00 FOOT WIDE EASEMENT, bounded on the west by the said eastern line of U.S. Survey 949 and bounded on the east by the said western right-of-way line of River Valley (30.00 foot wide) Drive. The 10.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE will become null and void upon completion of the above described construction. Parcel #4 A 5.00 FOOT WIDE EASEMENT and a 15.00 FOOT WIDE EASEMENT across a tract of land conveyed to Debra S. Hente and Gary W. Hente Trustees of the Debra S. Hente Revocable Trust recorded September 8, 2004 in Deed Book 16079, Page 3255 of the St. Louis County, Missouri Recorder’s Office, lying partly in Lot 4 and Lot 5 of Partition of the Estate of Henry Jackson as shown on plat marked “Exhibit B” attached to Commissioners Report filed in the St. Louis County Circuit Court Case # 10729 (Deed Book 185, Page 205) and being more particularly described as follows: COMMENCING at the southeastern corner of Lot 3 of said Partition of the Estate of Henry Jackson, said southeastern corner also being the northern most corner of the northeastern corner of a tract of land conveyed to Cordell V. Queathem, Jr. and Mary Elizabeth Hoelting Co- Trustees as recorded in Deed Book 21069, Page 647 of said Recorder’s Office; THENCE South 06 degrees 33 minutes 37 seconds West along the westerly line said tract of land conveyed to Debra S. Hente and Gary W. Hente Trustees and being the easterly line of said tract of land conveyed to Cordell V. Queathem, Jr. and Mary Elizabeth Hoelting Co-Trustees a distance of 13.97 feet to the POINT OF BEGINNING of herein described 15.00 FOOT WIDE EASEMENT; THENCE along the southern lines of an existing 10.00 foot wide easement conveyed to the Metropolitan St. Louis Sewer District by deed recorded in Deed Book 7557, Page 1410 of said Recorder’s Office the following bearings and distances: North 88 degrees 22 minutes 36 seconds East a distance of 429.63 feet to a point and South 89 degrees 47 minutes 23 seconds East a distance of 1,546.48 feet to a point; THENCE along the southwestern right-of- way lines of River Valley (30.00 wide) Drive the following bearings and distances: South 39 degrees 53 minutes 55 seconds East a distance of 191.71 feet to a point, South 45 degrees 20 minutes 57 seconds East a distance of 433.97 feet to a point, South 52 degrees 37 minutes 57 seconds East a distance of 393.92 feet to a point and South 52 degrees 20 minutes 57 seconds East a distance of 294.93 feet to a point; THENCE South 69 degrees 47 minutes 42 seconds West a distance of 5.91 feet to a point; THENCE along a line being 5.00 feet southwesterly and parallel to the said southwestern right-of-way line of River Valley Drive the following bearings and distances: North 52 degrees 20 minutes 57 seconds West a distance of 291.77 feet to a point, North 52 degrees 37 minutes 57 seconds West a distance of 394.22 feet to a point, North 45 degrees 20 minutes 57 seconds West a distance of 434.52 feet to a point and North 39 degrees 53 minutes 55 seconds West a distance of 176.55 feet to a point being the intersection point of herein described 5.00 FOOT WIDE and 15.00 FOOT WIDE EASEMENT; THENCE along a line being 15.00 feet southerly and parallel to the said southern lines of an existing 10.00 foot wide easement conveyed to the Metropolitan St. Louis Sewer District the following bearing and distances: North 89 degrees 47 minutes 23 seconds West a distance of 1,552.33 feet to a point and South 88 degrees 22 minutes 36 seconds West a distance of 431.55 feet to a point being on the said westerly line of a tract of land conveyed to Debra S. HENTE and Gary W. Hente Trustees; THENCE North 06 degrees 33 minutes 37 seconds East along the said westerly line of a tract of land conveyed to Debra S. Hente and Gary W. Hente Trustees a distance of 15.15 feet to the POINT OF BEGINNING. Also a 5.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT and a 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the construction of any sewer in the above described sewer easements, said 5.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT and 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows: COMMENCING at the said southeastern corner of Lot 3 of Partition of the Estate of Henry Jackson; THENCE South 06 degrees 33 minutes 37 seconds West along the said westerly line of a tract of land conveyed to Debra S. HENTE and Gary W. Hente Trustees a distance of 29.13 feet to the POINT OF BEGINNING of herein described 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT; THENCE along the southern lines of herein described 15.00 FOOT WIDE EASEMENT the following bearings and distances: North 88 degrees 22 minutes 36 seconds East a distance of 431.55 feet to a point and South 89 degrees 47 minutes 23 seconds East a distance of 1,552.33 feet to a point being the intersession point of herein described southern line of 15.00 FOOT WIDE EASEMENT and the southwestern line of 5.00 FOOT WIDE EASEMENT; THENCE along the southwestern lines and the southeastern line of herein described 5.00 FOOT WIDE EASEMENT the following bearings and distances: South 39 degrees 53 minutes 55 seconds East a distance of 176.55 feet to a point, South 45 degrees 20 minutes 57 seconds East a distance of 434.52 feet to a point, South 52 degrees 37 minutes 57 seconds East a distance of 394.22 feet to a point, South 52 degrees 20 minutes 57 seconds East a distance of 291.77 feet to a point and North 69 degrees 47 minutes 42 seconds East a distance of 5.91 feet to a point being on the said southwestern right-of-way line of River Valley Drive; THENCE South 52 degrees 20 minutes 57 seconds East along the said southwestern right-of- way line of River Valley Drive a distance of 5.91 feet to a point; THENCE South 69 degrees 47 minutes 42 seconds West a distance of 11.81 feet to a point; THENCE along a line being 5.00 feet southwesterly and parallel to herein described 5.00 FOOT WIDE EASEMENT the following bearings and distances: North 52 degrees 20 minutes 57 seconds West a distance of 294.52 feet to a point, North 52 degrees 37 minutes 57 seconds West a distance of 394.53 feet to a point, North 45 degrees 20 minutes 57 seconds West a distance of 435.08 feet to a point and North 39 degrees 53 minutes 55 seconds West a distance of 167.93 feet to a point being the intersection point of herein described said southwestern line of 5.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT and the said southern line of herein described 15.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT; THENCE along a line being 25.00 feet southerly and parallel to the said southern lines of an existing 10.00 foot wide easement conveyed to the Metropolitan St. Louis Sewer District the following bearing and distances: North 89 degrees 47 minutes 23 seconds West a distance of 1,554.06 feet to a point and South 88 degrees 22 minutes 36 seconds West a distance of 432.83 feet to a point being on the said westerly line of a tract of land conveyed to Debra S. Hente and Gary W. Hente Trustees; THENCE North 06 degrees 33 minutes 37 seconds East along the said westerly line of a tract of land conveyed to Debra S. Hente and Gary W. Hente Trustees a distance of 10.10 feet to the POINT OF BEGINNING. The 5.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT and 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 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.