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HomeMy Public PortalAbout14892 82nd Street to I-170 Sanitary Relief (UR-08 UR-09) - 11993ORDINANCE NO. 14892 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 82nd Street to I-170 Sanitary Relief (UR-08, UR-09) (11993) in the City of University City, 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 River Des Peres 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 82nd Street to I-170 Sanitary Relief (UR-08, UR-09) (11993) as hereinafter set forth, said easements and temporary easements being more particularly described below: Parcel #02 A 10.00 FOOT WIDE EASEMENT across a tract of land conveyed to Hurlburt Investments as recorded in Deed Book 21680, Page 770 of the St. Louis County Recorder’s Office and being more particularly described as follows: A 10.00 FOOT WIDE EASEMENT COMMENCING at the Southern termination of the centerline of that portion of Grant Drive vacated by Ordinance No. 5544 of the City of University City, as recorded in Deed Book 7950 Page 2460 of the St. Louis County Recorder’s Office, also being a Southeasterly corner of said Hurlburt Investment tract; THENCE North 00 degrees 04 minutes 21 seconds East, along said centerline, a distance of 44.46 feet to the POINT OF BEGINNING of the centerline of said 10.00 FOOT WIDE EASEMENT; THENCE South 73 degrees 20 minutes 32 seconds West, along said centerline, a distance of 143.22 to the POINT OF TERMINATION of said centerline; said point being North 04 degrees 31 minutes 31 seconds East, along the Westerly line of said Hurlburt Investment tract, a distance of 1.70 feet from the Southwesterly corner of said Hurlburt Investment tract. Also TWO (2) VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS for use during the construction of any sewer in the above described sewer easement, said VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as follows: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #1 lying adjacent to the Northwestern line of herein described 10.00 FOOT WIDE EASEMENT, bounded on the West by said Westerly line of said Hurlburt Investment tract; bounded on the East by said centerline of Vacated Grant Drive; and bounded on the Northwest by a line COMMENCING at the Southern termination of said centerline of Vacated Grant Drive, also being a Southeasterly corner of said Hurlburt Investment tract; THENCE North 00 degrees 04 minutes 21 seconds East, along said centerline, a distance of 65.34 feet to its POINT OF BEGINNING; THENCE South 73 degrees 20 minutes 32 seconds West, along a line 15.00 feet Northwest and parallel with said Northwestern line of herein described 10.00 FOOT WIDE EASEMENT, a distance of 66.17 feet to a point; THENCE South 00 degrees 12 minutes 46 seconds West, a distance of 2.75 feet to a point; THENCE North 89 degrees 47 minutes 13 seconds West, a distance of 9.08 feet to a point; THENCE South 73 degrees 20 minutes 32 seconds West, along a line 15.00 feet Northwest and parallel with said Northwestern line of herein described 10.00 FOOT WIDE EASEMENT, a distance of 65.82 feet to the POINT OF TERMINATION, said point also being North 04 degrees 31 minutes 31 seconds East, along the Westerly line of said Hurlburt Investment tract, a distance of 23.15 feet from the said Southwesterly corner of the Hurlburt Investment tract. A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #2 lying adjacent to the Southeastern line of herein described 10.00 FOOT WIDE EASEMENT, COMMENCING at the Southern termination of said centerline of Vacated Grant Drive, also being a Southeasterly corner of said Hurlburt Investment tract; THENCE North 00 degrees 04 minutes 21 seconds East, along said centerline, a distance of 23.58 feet to the POINT OF BEGINNING; THENCE South 73 degrees 20 minutes 32 seconds West, along a line 15.00 feet Southeast and parallel with said Southeastern line of herein described 10.00 FOOT WIDE EASEMENT, a distance of 15.66 feet to a point on the westerly line of said Vacated Grant Drive; THENCE North 00 degrees 04 minutes 21 seconds East, along said westerly line, a distance of 5.22 feet; THENCE South 73 degrees 20 minutes 32 seconds West, along a line 10.00 feet Southeast and parallel with said Southeastern line of herein described 10.00 FOOT WIDE EASEMENT, a distance of 24.18 feet to a point on a Southerly line of said Hurlburt Investment tract; THENCE South 81 degrees 01 minutes 19 seconds West, along said Southerly line, a distance of 74.83 feet to a point on said Southeastern line of herein described 10.00 FOOT WIDE EASEMENT; THENCE North 73 degrees 20 minutes 32 seconds East, along said Southeastern line of herein described 10.00 FOOT WIDE EASEMENT, a distance of 117.00 feet to a point on said centerline of Vacated Grant Drive; THENCE South 00 degrees 04 minutes 21 seconds West, along said centerline, a distance of 15.66 feet to the POINT OF BEGINNING. The TWO (2) VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of the above described construction. Parcel #03 A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT across a tract of land conveyed to Page Partners LLC as recorded in Deed Book 21250, Page 240 of the St. Louis County Recorder’s Office and being more particularly described as follows: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT COMMENCING at the Southwesterly corner of Lot 8 of Darstdale Subdivision No. 3 Amended as recorded in Plat Book 26 Page 31 of the St. Louis County Recorder’s Office; THENCE South 85 degrees 28 minutes 29 seconds East, along the Southerly line of said Lot 8, a distance of 11.11 feet to the POINT OF BEGINNING; THENCE North 04 degrees 54 minutes 12 seconds East, a distance of 5.94 feet to a point; THENCE North 73 degrees 20 minutes 32 seconds East, a distance of 9.50 feet to a point on a Easterly line of said Page Partners LLC tract; THENCE South 04 degrees 31 minutes 31 seconds West, along said Easterly line, a distance of 9.37 feet to a point on said Southerly line of said Lot 8; THENCE North 85 degrees 28 minutes 29 seconds West, along said Southerly line, a distance of 8.89 feet to the POINT OF BEGINNING. The VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above described construction. Parcel #12 A 5.00 FOOT WIDE EASEMENT across Lot 14 in Block 32 of Darstdale No. 2, as recorded in Plat Book 23, Page 16 of the St. Louis County Recorder’s Office, and being more particularly described as follows: A 5.00 FOOT WIDE EASEMENT lying adjacent to the Eastern line of Lot 14 in Block 32 of Darstdale No. 2, as recorded in Plat Book 23, Page 16 of the St. Louis County Recorder’s Office, bounded on the South by the Southern line of said Lot 14; bounded on the North by the Northern line of said Lot 14. Also A 25.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENTS for use during the construction of any sewer in the above described sewer easement, said 25.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as follows: A 25.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT lying adjacent to the Western line of herein described 5.00 FOOT WIDE EASEMENT, bounded on the South by the Southern line of Lot 14 in Block 32 of Darstdale No. 2, as recorded in Plat Book 23, Page 16 of the St. Louis County Recorder’s Office; bounded on the North by the Northern line of said Lot 14. The 25.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of the above described construction. Parcel #16 A 12.50 FOOT WIDE EASEMENT across Lot 6 in Block 32 of Darstdale No. 2, as recorded in Plat Book 23, Page 16 of the St. Louis County Recorder’s Office, and being more particularly described as follows: A 12.50 FOOT WIDE EASEMENT lying adjacent to the Eastern line of Lot 6 in Block 32 of Darstdale No. 2, as recorded in Plat Book 23, Page 16 of the St. Louis County Recorder’s Office, bounded on the South by the Southern line of said Lot 6; bounded on the North by the Northern line of said Lot 6. Parcel #17 A VARIABLE WIDTH EASEMENT across a tract of land conveyed to Sinh Dong Lam and De Vuong Lao as recorded in Deed Book 7234, Page 1810 of the St. Louis County Recorder’s Office and being more particularly described as follows: A VARIABLE WIDTH EASEMENT COMMENCING at the Southeasterly corner of said Sinh Dong Lam and De Vuong Lao tract; THENCE South 85 degrees 15 minutes 49 seconds East, along the Southerly line of said Sinh Dong Lam and De Vuong Lao tract, a distance of 6.56 feet to the POINT OF BEGINNING; THENCE North 64 degrees 34 minutes 55 seconds East, a distance of 9.93 feet to a point; THENCE North 04 degrees 34 minutes 55 seconds East, a distance of 99.66 feet to a point on the Northerly line of said Sinh Dong Lam and De Vuong Lao tract; THENCE South 85 degrees 15 minutes 49 seconds East, along the said Northerly line, a distance of 10.00 feet to a point; THENCE South 04 degrees 34 minutes 55 seconds West, a distance of 104.65 feet to a point on said Southerly line; THENCE North 85 degrees 15 minutes 49 seconds West, along said Southerly line, a distance of 18.60 feet to the POINT OF BEGINNING. Also TWO (2) VARIABLE WIDTH AND ONE (1) 40.00 FOOT WIDE 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 lying adjacent to the Western line of herein described VARIABLE WIDTH EASEMENT, bounded on the North by the Northerly line of said Sinh Dong Lam and De Vuong Lao tract; bounded on the South by the Southerly line of said Sinh Dong Lam and De Vuong Lao tract; bounded on the West by the Westerly line of said Sinh Dong Lam and De Vuong Lao tract. A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #2 lying adjacent to the Eastern line of herein described VARIABLE WIDTH EASEMENT, bounded on the North by the Northerly line of said Sinh Dong Lam and De Vuong Lao tract; bounded on the South by the Southerly line of said Sinh Dong Lam and De Vuong Lao tract; bounded on the East by a line COMMENCING at the Southeasterly corner of said Sinh Dong Lam and De Vuong Lao tract; THENCE South 85 degrees 15 minutes 49 seconds East, along the said Southerly line, a distance of 45.16 feet to its POINT OF BEGINNING; THENCE North 04 degrees 34 minutes 55 seconds East, a distance of 22.18 feet to a point; THENCE North 85 degrees 25 minutes 05 seconds West, a distance of 5.00 feet to a point; THENCE North 04 degrees 34 minutes 55 seconds East, a distance of 82.48 feet to a point on the said Northerly line to the POINT OF TERMINATION, said point also being South 85 degrees 15 minutes 49 seconds East, along the said Northerly line, a distance of 43.84 feet from the Northwesterly corner of said Sinh Dong Lam and De Vuong Lao tract. A 40.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #3 bounded on the North by the said Northerly line of Sinh Dong Lam and De Vuong Lao tract; bounded on the South by the said Southerly line of Sinh Dong Lam and De Vuong Lao tract; bounded on the West by a line lying 55.00 feet West and parallel to the Easterly line of said Sinh Dong Lam and De Vuong Lao tract; bounded on the East by a line lying 15.00 feet West and parallel to the said Easterly line of Sinh Dong Lam and De Vuong Lao tract. The TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of the above described construction. Parcel #19 A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT across part of Lot 8 in Darstdale Subdivision No. 3, as recorded in Plat Book 26, Page 31 of the St. Louis County Recorder’s Office, and being more particularly described as follows: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT lying adjacent to the Southern line of Lot 8 in Darstdale Subdivision No. 3, as recorded in Plat Book 26, Page 31 of the St. Louis County Recorder’s Office; bounded on the West by a line lying 20.00 feet West of the Easterly line of said Lot 8; bounded on the East by a line lying 8.00 feet West of the Easterly line of said Lot 8; and bounded on the North by a line COMMENCING at the Southeasterly corner of said Lot 8; THENCE North 85 degrees 28 minutes 29 seconds West along said Southern line of Lot 8, a distance of 8.00 feet to a point; THENCE North 04 degrees 31 minutes 31 seconds East, along a line 8.00 feet West and parallel with the East line of said Lot 8, a distance of 14.02 feet to the POINT OF BEGINNING; THENCE South 73 degrees 20 minutes 32 seconds West, a distance of 12.87 feet to the POINT OF TERMINATION, said point also being North 04 degrees 31 minutes 31 seconds East, along a line 20.00 feet West and parallel with the East line of said Lot 8, a distance of 9.37 feet from the said Southern line of Lot 8 in Darstdale Subdivision No. 3. The VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above described construction. Parcel #23 A VARIABLE WIDTH EASEMENT across Lot 7 of Beyers Subdivision as recorded in Plat Book 272, Page 30 of the St. Louis County Recorder’s Office and being more particularly described as follows: A VARIABLE WIDTH EASEMENT lying adjacent to the Southerly line of said Lot 7, bounded on the West by the Westerly line of said Lot 7; bounded on the East by the Easterly line of said Lot 7; and bounded on the North by a line COMMENCING at the Southeast corner of said Lot 7; THENCE North 00 degrees 05 minutes 13 seconds East, along the said Easterly line of Lot 7 a distance of 10.00 feet to the POINT OF BEGINNING; THENCE North 89 degrees 49 minutes 47 seconds West, a distance of 108.86 feet to a point; THENCE South 85 degrees 38 minutes 46 seconds West, a distance of 71.06 feet to the POINT OF TERMINATION, said point also being North 00 degrees 09 minutes 12 seconds East, along said Westerly line Lot 7, a distance of 4.40 feet from the Southwest corner of Lot 7. 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: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT lying adjacent to the Northerly line of herein described VARIABLE WIDTH EASEMENT, bounded on the West by the said Westerly line of Lot 7; bounded on the East by a line lying 127.56 feet East of and parallel to said Westerly line and bounded on the North by a line lying 40.00 feet North of and parallel to the said Southerly line of Lot 7. The VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above described construction. Parcel #28 A 10.00 FOOT WIDE EASEMENT across a tract of land conveyed to Bi State Development Agency of Missouri as recorded in Deed Book 13245, Page 1568 of the St. Louis County Recorder’s Office and being more particularly described as follows: A 10.00 FOOT WIDE EASEMENT COMMENCING at a point on the North line of the Southeast quarter of the Northeast quarter of Section 5, Township 45 North, Range 6 East; said point being the common northwesterly corner of Lots 22 and 23 of McKnight Heights a subdivision recorded in Plat Book 54, Page 41 of the St. Louis County Recorder’s Office; THENCE South 01 degrees 03 minutes 17 seconds East along the Westerly line of said Lot 22, a distance of 19.28 to the POINT OF BEGINNING of the centerline of said 10.00 FOOT WIDE EASEMENT; THENCE South 85 degrees 38 minutes 46 seconds West along said centerline, a distance of 50.08 feet to the POINT OF TERMINATION of said centerline; said point being South 01 degrees 03 minutes 17 seconds East, a distance of 23.43 feet from said North line; said point also lying North 89 degrees 36 minutes 33 seconds West, along the Westerly projection of the Northerly line of said Lot 23, a distance of 50.02 feet from the COMMENCING POINT. Parcel #29 A 10.00 FOOT WIDE EASEMENT across a tract of land conveyed to Bi State Development Agency of Missouri as recorded in Deed Book 13245, Page 1568 of the St. Louis County Recorder’s Office and being more particularly described as follows: A 10.00 FOOT WIDE EASEMENT COMMENCING at a point on the North line of the Southeast quarter of the Northeast quarter of Section 5, Township 45 North, Range 6 East; said point being the common northwesterly corner of Lots 22 and 23 of McKnight Heights a subdivision recorded in Plat Book 54, Page 41 of the St. Louis County Recorder’s Office; THENCE North 89 degrees 36 minutes 33 seconds West, along said North line also being the Westerly projection of the Northerly line of said Lot 23, a distance of 50.02 feet to a point; THENCE South 01 degrees 03 minutes 17 seconds East, a distance of 23.43 to the POINT OF BEGINNING of the centerline of said 10.00 FOOT WIDE EASEMENT; THENCE South 85 degrees 38 minutes 46 seconds West along said centerline, a distance of 25.04 feet to the POINT OF TERMINATION of said centerline; said point being South 01 degrees 03 minutes 17 seconds East, a distance of 25.50 feet from said North line; said point also lying North 89 degrees 36 minutes 33 seconds West, along the said Westerly projection line, a distance of 75.03 feet from the COMMENCING POINT. 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 10, 2018.