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HomeMy Public PortalAbout15808 Fenton Creek Pump Station (P-425) Improvements (12166)ORDINANCE NO. 15808 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 Fenton Creek Pump Station (P-425) Improvements (12166) 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 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 City of Fenton, Missouri within the Meramec 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: This foregoing Ordinance was adopted on December 9, 2021. 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 Fenton Creek Pump Station (P-425) Improvements (12166) hereinafter set forth, said easements being more particularly described below: Parcel #1 A 10-foot-wide permanent sewer easement across part of The Common Ground of The Estates At Williams Creek Plat Two, a subdivision according to the plat thereof recorded in Plat Book 354, Page 1015 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: 10-FOOT-WIDE PERMANENT SEWER EASEMENT COMMENCING at the northwest corner of Lot 1 of Scheel Estates, a subdivision according to the plat thereof recorded in Plat Book 344, Page 197 of the St. Louis County, Missouri Recorder’s Office; THENCE along the west line of said Lot 1, South 00 degrees 08 minutes 58 seconds West a distance of 22.95 feet to the ACTUAL POINT OF BEGINNING of the centerline of said 10 foot wide permanent sewer easement; THENCE leaving said west line of Lot 1, and proceeding along said centerline the following courses and distances, South 87 degrees 05 minutes 52 seconds West a distance of 76.28 feet to a point, AND South 88 degrees 11 minutes 24 seconds West a distance of 108.37 feet to a point, AND North 88 degrees 09 minutes 12 seconds West a distance of 116.87 feet to a point, AND South 40 degrees 00 minutes 00 seconds West a distance of 6.53 feet to the POINT OF ENDING of the centerline of said 10 foot wide permanent sewer easement, said point being on the northern line of an existing 10 foot wide easement as shown on said Plat Book 354, Page 1015 of the St. Louis County, Missouri Recorder’s Office, said point also being North 73 degrees 19 minutes 22 seconds West a distance of 69.54 feet from the northernmost corner of Lot 150 of The Estates At Williams Creek Plat Two, a subdivision according to the plat thereof recorded in Plat Book 354, Page 1015 of the St. Louis County, Missouri Recorder’s Office. Excepting therefrom that portion covered by the existing easements recorded in Plat Book 354, Page 1015 and Plat Book 344, Page 197 of said St. Louis County, Missouri Recorder’s Office. Also, two temporary construction easements for the use during the construction of any sewer in the above-described permanent sewer easement, said temporary construction easements being more particularly as follows: TEMPORARY CONSTRUCTION EASEMENT NO. 1 BEGINNING at the northwest corner of Lot 1 of Scheel Estates, a subdivision according to the plat thereof recorded in Plat Book 344, Page 197 of the St. Louis County, Missouri Recorder’s Office; THENCE along the west line of said Lot 1, South 00 degrees 08 minutes 58 seconds West a distance of 17.94 feet to the northern line of the above described 10 foot wide permanent sewer easement; THENCE leaving said west line of Lot 1 and proceeding along the northern line of said sewer easement the following courses and distances, South 87 degrees 05 minutes 52 seconds West a distance of 76.50 feet to a point; THENCE South 88 degrees 11 minutes 24 seconds West a distance of 108.16 feet to a point; THENCE North 88 degrees 09 minutes 12 seconds West a distance of 119.14 feet to a point; THENCE South 40 degrees 00 minutes 00 seconds West a distance of 11.57 feet to the northern line of an existing 10 foot wide easement as shown on said Plat Book 354, Page 1015 of the St. Louis County, Missouri Recorder’s Office; THENCE along the said northern line of an existing 10 foot wide easement, North 77 degrees 33 minutes 36 seconds West a distance of 22.56 feet to a point; THENCE leaving said northern line of an existing 10 foot wide easement, North 40 degrees 00 minutes 00 seconds East a distance of 31.73 feet to a point; THENCE South 88 degrees 09 minutes 12 seconds East a distance of 128.22 feet to a point; THENCE North 88 degrees 11 minutes 24 seconds East a distance of 107.33 feet to a point; THENCE North 87 degrees 05 minutes 52 seconds East a distance of 38.34 feet to the south line of San Luis Hills Plat Four, a subdivision according to the plat thereof recorded in Plat Book 146, Page 92 of the St. Louis County, Missouri Recorder’s Office; THENCE along said south line of San Luis Hills Plat Four, South 89 degrees 50 minutes 20 seconds East a distance of 38.98 feet to the POINT OF BEGINNING. Excepting therefrom that portion covered by the existing easements recorded in Plat Book 354, Page 1015 and Plat Book 344, Page 197 of said St. Louis County, Missouri Recorder’s Office. TEMPORARY CONSTRUCTION EASEMENT NO. 2 COMMENCING at the northwest corner of Lot 1 of Scheel Estates, a subdivision according to the plat thereof recorded in Plat Book 344, Page 197 of the St. Louis County, Missouri Recorder’s Office; THENCE along the west line of said Lot 1, South 00 degrees 08 minutes 58 seconds West a distance of 27.96 feet to the ACTUAL POINT OF BEGINNING of the herein described Temporary Construction Easement No. 2, said point of beginning being on the southern line of the above described 10 foot wide permanent sewer easement; THENCE continuing along said west line of Lot 1 of Scheel Estates, South 00 degrees 08 minutes 58 seconds West a distance of 20.03 feet to a point; THENCE leaving said west line of Lot 1 of Scheel Estates, South 87 degrees 05 minutes 52 seconds West a distance of 75.19 feet to a point; THENCE South 88 degrees 11 minutes 24 seconds West a distance of 109.40 feet to a point; THENCE North 88 degrees 09 minutes 12 seconds West a distance of 52.25 feet to the northeastern line of Lot 150 of The Estates At Williams Creek Plat Two as shown on Plat Book 354, Page 1015 of the St. Louis County, Recorder’s Office; THENCE along said northeastern line of Lot 150 of The Estates At Williams Creek Plat Two, North 45 degrees 18 minutes 00 seconds West a distance of 3.03 feet to the northernmost corner of said Lot 150 of The Estates At Williams Creek Plat Two; THENCE along the northwestern line of Lot 150 of The Estates At Williams Creek Plat Two, South 44 degrees 42 minutes 00 seconds West a distance of 6.81 feet to the northern line of an existing 10 foot wide easement as shown on said Plat Book 354, Page 1015 of the St. Louis County, Missouri Recorder’s Office; THENCE along the said northern line of an existing 10 foot wide easement the following courses and distances, North 45 degrees 07 minutes 43 seconds West a distance of 20.32 feet to a point, AND North 77 degrees 33 minutes 36 seconds West a distance of 42.93 feet to the southern line of the above described 10 foot wide permanent sewer easement; THENCE along said southern line of the above described 10 foot wide permanent sewer easement the following courses and distances, North 40 degrees 00 minutes 00 seconds East a distance of 1.49 feet to a point, AND South 88 degrees 09 minutes 12 seconds East a distance of 114.60 feet to a point, AND North 88 degrees 11 minutes 24 seconds East a distance of 108.58 feet to a point, AND North 87 degrees 05 minutes 52 seconds East a distance of 76.06 feet to the POINT OF BEGINNING. Excepting therefrom that portion covered by the existing easements recorded in Plat Book 354, Page 1015 and Plat Book 344, Page 197 of said St. Louis County, Missouri Recorder’s Office. 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 December 9, 2021.