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HomeMy Public PortalAbout14654 Upper Maline Trunk Sanitary Relief Phase IV Section B (11791)ORDINANCE NO. 14654 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 Upper Maline Trunk Sanitary Relief Phase IV Section B (11791) in the Cites of Ferguson, Kinloch and Berkeley, 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 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 Maline Creek Watershed wherein numerous people live and work; 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 Upper Maline Trunk Sanitary Relief Phase IV Section B (11791) as hereinafter set forth, said easements and temporary easements being more particularly described below: Parcel #16 A 7.50 FOOT WIDE EASEMENT across a tract of land in Block 25, Block 26 and vacated Boyd Street of South Kinloch Park Second Addition as recorded in Plat Book 6, Page 68 of the St. Louis County Recorder’s Office and being more particularly described as follows: A 7.50 FOOT WIDE EASEMENT lying adjacent to the southeastern line of a tract of land conveyed to St. John Missionary Baptist Church by deed recorded in Deed Book 12597 Page 52 of the St. Louis County Recorder’s Office, said southeastern line also being the northwestern line of a tract of land conveyed to National Auto Broker, LLC by deed recorded in Deed Book 13732 Page 979 (PARCEL 1) of said Recorder’s Office, bounded on the southwest by the eastern right- of-way lines of Martin Luther King (variable width) Boulevard (formerly Carson Road) and bounded on the northeast by the southwestern line of a tract of land conveyed to Northpark Partners, LLC by deed recorded in Deed Book 17367 Page 4708 of said Recorder’s Office. Also a 17.50 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the construction of any sewer in the above described sewer easement, said 17.50 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows: A 17.50 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT lying adjacent to the northwestern line of herein described 7.50 FOOT WIDE EASEMENT, bounded on the southwest by the said eastern right-of-way lines of Martin Luther King (variable width) Boulevard (formerly Carson Road) and bounded on the northeast by the said southwestern line of a tract of land conveyed to Northpark Partners, LLC by deed recorded in Deed Book 17367 Page 4708 of said Recorder’s Office. The 17.50 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above described construction. Parcel #18 A 15.00 FOOT WIDE EASEMENT across a tract of land in Block 26 and part of vacated Boyd (25.00 foot wide) Street and Smith (40.00 foot wide) Avenue of South Kinloch Park Second Addition as recorded in Plat Book 6, Page 68 of the St. Louis County Recorder’s Office and being more particularly described as follows: COMMENCING at the intersection point of the northwestern right-of-way line of said Boyd (25.00 foot wide) Street as vacated by Ordinance # 341, said northwestern right-of-way line also being the southeastern right-of-way line of Suburban (50.00 foot wide) Avenue and the center line of Smith (40.00 foot wide) Avenue as vacated by Ordinance # 395: THENCE South 22 degrees 43 minutes 38 seconds East along said centerline a distance of 8.00 feet to the POINT OF BEGINNING of herein described 15.00 FOOT WIDE EASEMENT; THENCE South 22 degrees 43 minutes 38 seconds East along said centerline a distance of 15.00 feet to a point; THENCE South 67 degrees 16 minutes 22 seconds West a distance of 447.43 feet to a point; THENCE South 68 degrees 29 minutes 24 seconds West a distance of 195.74 feet to a point; THENCE South 67 degrees 16 minutes 22 seconds West a distance of 61.30 feet to a point; THENCE North 65 degrees 48 minutes 08 seconds West along the common line between a tract of land conveyed to LWFC, LLC by deed recorded in Deed Book 21253 Page 658 of the said Recorder’s Office and a tract of land conveyed to National Auto Broker, LLC by deed recorded in Deed Book 13732 Page 979 of the said Recorder’s Office a distance of 20.54 feet to a point; THENCE North 67 degrees 16 minutes 22 seconds East a distance of 75.49 feet to a point; THENCE North 68 degrees 29 minutes 24 seconds East a distance of 195.74 feet to a point; THENCE North 67 degrees 16 minutes 22 seconds East a distance of 447.27 feet to the POINT OF BEGINNING. Also a VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #1 and a 27.50 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #2 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 lying adjacent to the northwestern lines of herein described 15.00 FOOT WIDE EASEMENT; bounded on the northeast by the said centerline of Smith Avenue, bounded on the northwest by the said southeastern right-of-way line of Suburban Avenue and bounded on the southwest by the said common line between a tract of land conveyed to LWFC, LLC and a tract of land conveyed to National Auto Broker, LLC. A 27.50 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #2 lying adjacent to the southeastern lines of herein described 15.00 FOOT WIDE EASEMENT; bounded on the northeast by the said centerline of Smith Avenue and bounded on the southwest by the said common line between a tract of land conveyed to LWFC, LLC and a tract of land conveyed to National Auto Broker, LLC. The VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #1 and 27.50 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #2 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 adopted on May 11, 2017.