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HomeMy Public PortalAbout15215 Brookshire Sanitary Relief (Brookshire Dr to Cougar Dr) (12104)_0O R D I N A N C E NO. 15215 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 Brookshire Sanitary Relief (Brookshire Dr to Cougar Dr) (12104) in Unincorporated St. Louis County, 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 Coldwater 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 Brookshire Sanitary Relief (Brookshire Dr to Cougar Dr) (12104) as hereinafter set forth, said easements and temporary easements being more particularly described below: Parcel #7 ONE (1) 10 FEET WIDE SEWER EASEMENT across a tract of land being part of Lot 577 of Wedgwood Plat 5, a Subdivision by Plat Book 111 Pages 14-15 as recorded with the St. Louis County Recorder’s Office, St. Louis County, Missouri and conveyed to Mary A. Barnes by Deed Book 13459 Page 1520 as recorded with the St. Louis County Recorder’s Office, St. Louis County, Missouri and being more particularly described as follows: 10 FEET WIDE SEWER EASEMENT bounded on the West by the Western line of said Lot 577 conveyed to Mary A. Barnes; COMMENCING at a point being the Northwestern corner of said tract of land conveyed to Mary A. Barnes; THENCE Southerly along a curve with a chord bearing South 11 degrees 46 minutes 55 seconds East with a radius of 1101.20 feet and a length of curve of 11.84 feet to the POINT OF BEGINNING of herein described centerline of said 10 foot wide easement; THENCE Southeasterly South 72 degrees 51 minutes 45 seconds East 23.92 feet; THENCE Southerly South 18 degrees 22 minutes 24 seconds East 53.89 feet to the POINT OF TERMINUS. ALSO a VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT and a 20 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the construction of any sewer in the above described SEWER EASEMENTS, said TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as follows: 20 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT (#1), BEGINNING at a point being the Northwestern corner of said tract of land conveyed to Mary A. Barnes: THENCE Easterly along the Northern line of said tract conveyed to Mary A. Barnes North 78 degrees 31 minutes 34 seconds East 30.57 feet; THENCE Southeasterly South 72 degrees 51 minutes 45 seconds East 15.67 feet; THENCE Southerly South 18 degrees 22 minutes 24 seconds East 68.00 feet; THENCE Westerly along the Southern line of said tract conveyed to Mary A. Barnes South 74 degrees 26 minutes 5 seconds West 20.02 feet; THENCE Northerly North 18 degrees 22 minutes 24 seconds West 56.71 feet; THENCE Northwesterly North 72 degrees 51 minutes 45 seconds West 29.27 feet; THENCE Northerly along a curve with a chord bearing North 11 degrees 37 minutes 59 seconds West with a radius of 1101.20 feet and a length of curve of 6.12 feet to the POINT OF BEGINNING. A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT (#2), BEGINNING at a point being the Southwestern corner of said tract of land conveyed to Mary A. Barnes: THENCE Northerly along the Western line of said tract conveyed to Mary A. Barnes along a curve with a chord bearing North 13 degrees 58 minutes 37 seconds West with a radius of 1101.20 feet and a length of curve of 61.05 feet; THENCE Southeasterly South 72 degrees 51 minutes 45 seconds East 18.53 feet; THENCE Southerly South 18 degrees 22 minutes 24 seconds East 51.07 feet; THENCE Westerly South 74 degrees 26 minutes 5 seconds West 19.79 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of the above described sewer construction. PARCEL #12 ONE (1) VARIABLE WIDTH SEWER EASEMENT across a tract of land being part of Lot 143 of Wedgwood Plat 1, a Subdivision by Plat Book 109 Page 70 as recorded with the St. Louis County Recorder’s Office, St. Louis County, Missouri and conveyed to Steven M. Tallo by Deed Book 20324 Page 2908 as recorded with the St. Louis County Recorder’s Office, St. Louis County, Missouri and being more particularly described as follows: A VARIABLE WIDTH SEWER EASEMENT bounded on the West by the Western line of said Lot 143 conveyed to Steven M. Tallo; BEGINNING at a point being the Southwestern corner of said tract of land conveyed to Steven M. Tallo: THENCE Northwesterly along a curve with a chord bearing of North 13 degrees 55 minutes 15 seconds West with a radius of 261.24 feet and length of curve of 91.15 feet; THENCE Northwesterly along the Western Line of said tract conveyed to Steven M. Tallo North 23 degrees 54 minutes 59 seconds West 8.92 feet; THENCE Northerly North 11 degrees 54 minutes 47 seconds West 29.45 feet; THENCE Southeasterly along the Northern line of said tract conveyed to Steven M. Tallo South 72 degrees 19 minutes 29 seconds East 11.46 feet; THENCE Southeasterly South 11 degrees 54 minutes 47 seconds East 125.50 feet; THENCE Westerly along the Southern line of said tract of land conveyed to Steven M. Tallo along a curve with a chord bearing North 77 degrees 10 minutes 03 seconds West with a radius of 654.48 feet and a length of curve of 5.47 feet to the POINT OF BEGINNING. ALSO TWO (2) VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS for use during the construction of any sewer in the above described SEWER EASEMENTS, said TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as follows: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT (#1), COMMENCING at a point being the Northwestern corner of said tract of land conveyed to Steven M. Tallo: THENCE Southeasterly along the Northern line of said tract conveyed to Steven M. Tallo South 72 degrees 19 minutes 29 seconds East 19.71 feet to the POINT OF BEGINNING; THENCE South 72 degrees 19 minutes 29 seconds East 23.00 feet; THENCE Southeasterly South 11 degrees 54 minutes 47 seconds East 48.35 feet; THENCE Southwesterly South 17 degrees 16 minutes 36 seconds West 29.67 feet; THENCE Southeasterly South 72 degrees 8 minutes 14 seconds East 13.48 feet; THENCE Southwesterly South 17 degrees 40 minutes 32 seconds West 5.00 feet; THENCE Southeasterly South 70 degrees 21 minutes 31 seconds East 6.14 feet; THENCE Southeasterly South 11 degrees 54 minutes 47 seconds East 32.34 feet; THENCE Southwesterly South 15 degrees 6 minutes 27 seconds West 2.70 feet; THENCE Northwesterly along the Southern line of said tract of land conveyed to Steven M. Tallo along a curve with a chord bearing North 76 degrees 00 minutes 53 seconds West with a radius of 654.48 feet and a length of curve of 20.87 feet; THENCE Northwesterly North 11 degrees 54 minutes 47 seconds West 125.50 feet to the POINT OF BEGINNING. A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT (#2), BEGINNING at a point being the Northwestern corner of said tract of land conveyed to Steven M. Tallo: THENCE Southeasterly along the Northern line of said tract conveyed to Steven M. Tallo South 72 degrees 19 minutes 29 seconds East 8.25 feet; THENCE Southeasterly South 11 degrees 54 minutes 47 seconds East 29.45 feet; THENCE Northwesterly along the Western line of said tract conveyed to Steven M. Tallo North 23 degrees 54 minutes 59 seconds West 34.34 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of the above described sewer construction. PARCEL #17 ONE (1) VARIABLE WIDTH SEWER EASEMENT across a tract of land being part of Lot 172 of Wedgwood Plat 1, a Subdivision by Plat Book 109 Page 70 as recorded with the St. Louis County Recorder’s Office, St. Louis County, Missouri and conveyed to Climmit Lumpkin, Jr and Juanita Lumpkin by Deed Book 12904 Page 0768 as recorded with the St. Louis County Recorder’s Office, St. Louis County, Missouri and being more particularly described as follows: VARIABLE WIDTH SEWER EASEMENT, COMMENCING at a point being the Northwestern corner of said tract of land conveyed to Climmit Lumpkin, Jr and Juanita Lumpkin: THENCE Easterly along the Northern line of said tract conveyed to Climmit Lumpkin, Jr and Juanita Lumpkin North 82 degrees 3 minutes 44 seconds East 7.33 feet; THENCE Southerly South 1 degree 17 minutes 7 seconds East 6.64 feet; THENCE Westerly South 89 degrees 37 minutes 59 seconds West 9.68 feet; THENCE Northerly along the Western line of said tract conveyed to Climmit Lumpkin, Jr and Juanita Lumpkin, along a curve with a chord bearing North 21 degrees 45 minutes 11 seconds East with a radius of 530 feet and a length of curve of 6.13 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 EASEMENTS, said VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT COMMENCING at a point being the Northwestern corner of said tract of land conveyed to Climmit Lumpkin, Jr and Juanita Lumpkin: THENCE Easterly along the Northern line conveyed to Climmit Lumpkin Jr and Juanita Lumpkin North 82 degrees 3 minutes 44 seconds East 7.33 feet, said point being the POINT OF BEGINNING; THENCE Easterly along the Northern line of said tract conveyed to Climmit Lumpkin, Jr and Juanita Lumpkin North 82 degrees 3 minutes 44 seconds East 20.13 feet; THENCE Southwesterly South 33 degrees 20 minutes 16 seconds West 35.19 feet; THENCE Southerly South 11 degrees 55 minutes 45 seconds West 22.10 feet; THENCE Northwesterly along the Southwestern line of said tract conveyed to Climmit Lumpkin Jr and Juanita Lumpkin North 48 degrees 21 minutes 36 seconds West 20.82 feet; THENCE Northerly along the Western line of said tract conveyed to Climmit Lumpkin, Jr and Juanita Lumpkin, along a curve with a chord bearing North 19 degrees 49 minutes 43 seconds East with a radius of 530’ and a length of curve 29.48 feet; THENCE Northeasterly North 89 degrees 37 minutes 59 seconds East 9.68 feet; THENCE Northerly North 1 degree 17 minutes 7 seconds West 6.64 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above described sewer construction. PARCEL #20 ONE (1) 10 FEET WIDE SEWER EASEMENT and ONE (1) 5 FEET WIDE SEWER EASEMENT across a tract of land being part of Lot 169 of Wedgwood Plat 1, a Subdivision by Plat Book 109 Page 70 as recorded with the St. Louis County Recorder’s Office, St. Louis County, Missouri and conveyed to Jeffrey and Leslie Ringling by Deed Book 13796 Page 295 as recorded with the St. Louis County Recorder’s Office, St. Louis County, Missouri and being more particularly described as follows: A 10 FEET WIDE SEWER EASEMENT (#1) bounded on the Southwest by the Western line of said Lot 169 conveyed to Jeffrey and Leslie Ringling; COMMENCING at a point being the Northwestern corner of said tract of land conveyed to Jeffrey and Leslie Ringling: THENCE Northeasterly North 36 degrees 10 minutes 53 seconds East 19.44 feet to the POINT OF BEGINNING of herein described centerline of said 10 foot wide easement; THENCE Southeasterly South 15 degrees 58 minutes 55 seconds East 76.07 feet to the POINT OF TERMINUS. A 5 FEET WIDE SEWER EASEMENT (#2) bounded on the South by the Southern line of said Lot 169 conveyed to Jeffrey and Leslie Ringling; BEGINNING at a point being the Southwestern corner of said tract of land conveyed to Jeffrey and Leslie Ringling: THENCE Northwest North 46 degrees 54 minutes 58 seconds West 5.26 feet; THENCE Northeasterly North 60 degrees 57 minutes 18 seconds East 14.34 feet; THENCE Southeasterly South 29 degrees 1 minute 3 seconds East 5.00 feet; THENCE Southwesterly along the Southeastern line of said tract of land conveyed to Jeffrey and Leslie Ringling South 60 degrees 57 minutes 18 seconds West 12.72 feet to the POINT OF BEGINNING. ALSO TWO (2) VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS for use during the construction of any sewer in the above described SEWER EASEMENTS, said TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as follows: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT (#1), COMMENCING at a point being the Northwestern corner of said tract of land conveyed to Jeffrey and Leslie Ringling: THENCE Northeasterly North 36 degrees 10 minutes 53 seconds East 25.77 feet to the POINT OF BEGINNING; THENCE Northeasterly along the Northern line of said tract of land conveyed to Jeffrey and Leslie Ringling North 36 degrees 10 minutes 53 seconds East 25.32 feet; THENCE Southeasterly South 15 degrees 58 minutes 55 seconds East 79.52 feet; THENCE Easterly North 60 degrees 58 minutes 57 seconds East 9.63 feet; THENCE Southeasterly South 29 degrees 1 minute 3 seconds East 24.99 feet; THENCE Southwesterly along the Southern line of said tract conveyed to Jeffrey and Leslie Ringling South 60 degrees 57 minutes 18 seconds West 20.00 feet; THENCE Northwesterly North 29 degrees 1 minute 3 seconds West 5.00 feet; THENCE Southwesterly South 60 degrees 57 minutes 18 seconds West 14.34 feet; THENCE Northwesterly North 46 degrees 54 minutes 58 seconds West 0.86 feet; THENCE Northwesterly North 15 degrees 58 minutes 55 seconds West 88.30 feet to the POINT OF BEGINNING. A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT (#2), BEGINNING at a point being the Northwestern corner of said tract of land conveyed to Jeffrey and Leslie Ringling: THENCE Northeasterly along the Northern line of said tract of land conveyed to Jeffrey and Leslie Ringling North 36 degrees 10 minutes 53 seconds East 13.11 feet; THENCE Southeasterly South 15 degrees 58 minutes 55 seconds East 63.79 feet; THENCE Northwesterly along the Western line of said tract conveyed to Jeffrey and Leslie Ringling along a curve with chord bearing North 33 degrees 04 minutes 31 seconds West with a radius of 70.23 feet and a length of curve of 29.81 feet; THENCE Northwesterly along the Western line of said tract conveyed to Jeffrey and Leslie Ringling along a curve with chord bearing North 19 degrees 25 minutes 40 seconds West with a radius of 530.00 feet and a length of curve of 27.52 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of the above described sewer construction. PARCEL #24 ONE (1) VARIABLE WIDTH SEWER EASEMENT across a tract of land being part of Lot 162 of Wedgwood Plat 1, a Subdivision by Plat Book 109 Page 70, and an unparcelled portion of land being part of Wedgwood Plat 6, a Subdivision by Plat Book 112, Pages 34-35, as recorded with the St. Louis County Recorder’s Office, St. Louis County, Missouri and conveyed to Karl C. Heitzenroeder by Deed Book 17834 Page 3557 as recorded with the St. Louis County Recorder’s Office, St. Louis County, Missouri and being more particularly described as follows: VARIABLE WIDTH SEWER EASEMENT bounded on the East by the Eastern line of said lot 162 conveyed to Karl C. Heitzenroeder: BEGINNING at a point being the Southeastern corner of said tract of land conveyed to Karl C. Heitzenroeder: THENCE along the Southern line of said tract of land conveyed to Karl C. Heitzenroeder Northwesterly along a curve with a chord bearing North 44 degrees 57 minutes 7 seconds West with a radius of 215.00 feet and a length of curve of 2.82 feet; THENCE Northerly North 0 degrees 8 minutes 0 seconds East 230.16 feet; THENCE Westerly North 89 degrees 9 minutes 46 seconds West 102.24 feet; THENCE Northerly along the Western line of said tract of land conveyed to Karl C. Heitzenroeder North 0 degrees 8 minutes 0 seconds East 10.00 feet; THENCE Easterly South 89 degrees 9 minutes 46 seconds East 102.24 feet; THENCE Northerly North 0 degrees 8 minutes 0 seconds East 15.89 feet; THENCE Westerly North 89 degrees 55 minutes 0 seconds West 102.23 feet; THENCE Northeasterly along the Western line of said tract of land conveyed to Karl C. Heitzenroeder North 16 degrees 3 minutes 45 seconds East 10.40 feet; THENCE Easterly South 89 degrees 55 minutes 0 seconds East 101.37 feet; THENCE Southerly along the Eastern line of said tract of land conveyed to Karl C. Heitzenroeder South 0 degrees 8 minutes 0 seconds West 268.05 feet to the POINT OF BEGINNING. ALSO ONE (1) VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT and ONE (1) 20 FEET WIDE TEMPORARY CONSTRUCTION EASMENT 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), COMMENCING at a point being the Northwestern corner of said tract of land conveyed to Karl C. Heitzenroeder THENCE Southwesterly along the Western line of said tract of land conveyed to Karl C. Heitzenroeder South 16 degrees 3 minutes 45 seconds West 134.67 feet to the POINT OF BEGINNING; THENCE Easterly South 89 Degrees 55 minutes 0 seconds East 102.23 feet; THENCE Southerly South 0 degrees 8 minutes 0 seconds West 15.89 feet; THENCE Westerly North 89 degrees 9 minutes 46 seconds West 102.24 feet; THENCE Northerly along the Western line of said tract of land conveyed to Karl C. Heitzenroeder North 0 degrees 8 minutes 0 seconds East 14.55 feet to the POINT OF BEGINNING. A 20 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT (#2), COMMENCING at a point being the Northwestern corner of said tract of land conveyed to Karl C. Heitzenroeder THENCE Southwesterly along the Western line of said tract of land conveyed to Karl C. Heitzenroeder South 16 degrees 3 minutes 45 seconds West 134.67 feet; THENCE Southerly along the Western line of said tract conveyed to Karl C. Heitzenroeder South 0 degrees 8 minutes 0 seconds West 24.55 feet to the POINT OF BEGINNING; THENCE Easterly South 89 degrees 9 minutes 46 seconds East 102.24 feet; THENCE Southerly South 0 degrees 8 minutes 0 seconds West 230.16 feet; THENCE Northwesterly along the Southern line of said tract of land conveyed to Karl C. Heitzenroeder along a curve with a chord bearing North 48 degrees 51 minutes 41 seconds West with a radius of 215.00 feet and a length of curve of 26.52 feet; THENCE Northerly North 0 degrees 8 minutes 0 seconds East 193.02 feet; THENCE Westerly North 89 degrees 9 minutes 46 seconds West 82.24 feet; THENCE Northerly along the Western line of said tract of land conveyed to Karl C. Heitzenroeder North 0 degrees 8 minutes 0 seconds East 20.00 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above described sewer 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. This foregoing Ordinance was adopted on August 8, 2019.