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HomeMy Public PortalAbout15868 Larimore Storm Sewer (11530)ORDINANCE NO. 15868 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 Larimore Storm Sewer (11530) 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 Unincorporated St. Louis County, Missouri within the Coldwater Creek Watershed wherein numerous people live and work; and WHEREAS, stormwater 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 Larimore Storm Sewer (11530) hereinafter set forth, said easements being more particularly described below: Parcel #15 A VARIABLE WIDTH PERMANENT SEWER EASEMENT across a tract of land being Parcel A of “Larimore Plaza”, a subdivision recorded in Plat Book 113 Page 94 of the St. Louis County, Missouri Recorder’s Office, Unincorporated, St. Louis County, Missouri, being more particularly described as follows: COMMENCING at the most Northwestern corner of Parcel A of “Larimore Plaza”, a subdivision recorded in Plat Book 113 Page 94 of the St. Louis County, Missouri Recorder’s Office; THENCE South 51 degrees 56 minutes 11 seconds West 38.82 feet to a point of curvature; THENCE 35.81 feet along a curve to the left having a radius of 383.91 feet and a chord bearing of South 49 degrees 15 minutes 50 seconds West and a chord distance of 35.80 feet to the TRUE POINT OF BEGINNING of the herein described VARIABLE WIDTH PERMANENT SEWER EASEMENT; THENCE South 77 degrees 35 minutes 07 seconds East 37.16 feet to a point; THENCE South 12 degrees, 42 minutes 10 seconds West 21.94 feet to a point: THENCE South 86 degrees, 11 minutes 08 seconds West 43.60 feet to a point; THENCE South 45 degrees, 01 minutes, 29 seconds West 83.61 feet to a point of curvature; THENCE 116.27 feet along a curve to the right having a radius of 383.91 feet and a chord bearing of North 37 degrees 54 minutes 54 seconds East and a chord distance of 115.83 feet to the POINT OF BEGINNING excepting therefrom those portions covered by the existing easements recorded in Deed Book 10281 Page 1869 and Plat Book 113, Page 94 of said recorder’s office. Also, two (2) TEMPORARY CONSTRUCTION EASEMENTS for use during the construction of any sewer in the above-described permanent sewer easement, said temporary construction easements being more particularly described as follows: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 1 for use during the construction of any sewer in the above-described permanent sewer easement, said temporary construction easement being more particularly described as follows: BEGINNING at the most Northwestern corner of Parcel A of “Larimore Plaza”, a subdivision recorded in Plat Book 113 Page 94 of the St. Louis County, Missouri Recorder’s Office; THENCE South 85 degrees 04 minutes 49 seconds East 77.23 feet to a point; THENCE South 12 degrees, 42 minutes 10 seconds West 122.11 feet to a point; THENCE North 77 degrees, 17 minutes, 50 seconds West 138.86 feet to a point; THENCE North 45 degrees, 01 minutes 29 seconds East 22.11 feet to a point; THENCE North 86 degrees, 11 minutes, 08 seconds East 43.60 feet; THENCE North 12 degrees 42 minutes 10 seconds East 21.94 feet to a point; THENCE North 77 degrees 35 minutes 07 seconds West 37.16 feet to a point of curvature; THENCE 35.81 feet along a curve to the right having a radius of 383.91 feet and a chord bearing of South 49 degrees 15 minutes 50 seconds West and a chord distance of 35.80 feet to a point; THENCE North 51 degrees, 56 minutes, 11 seconds East 38.82 feet to the POINT OF BEGINNING excepting therefrom those portions covered by the existing easement recorded in Deed Book 10281 Page 1869 and Plat Book 113, Page 94 of said recorder’s office. A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 2 for use during the construction of any sewer in the above-described permanent sewer easement, said temporary construction easement being more particularly described as follows: COMMENCING at the most Northwestern corner of Parcel A of “Larimore Plaza”, a subdivision recorded in Plat Book 113 Page 94 of the St. Louis County, Missouri Recorder’s Office; THENCE South 51 degrees, 56 minutes 11, seconds West 38.82 feet to a point of curvature; THENCE 35.81 feet along a curve to the left having a radius of 383.91 feet and a chord bearing of South 49 degrees, 15 minutes, 50 seconds West and a chord distance of 35.80 feet to a point; THENCE South 77 degrees, 35 minutes, 07 seconds, East 37.16 feet to a point; THENCE South 12 degrees, 42 minutes, 10 seconds West 21.94 feet to a point; THENCE South 86 degrees, 11 minutes, 08 seconds West 43.60 feet to a point; THENCE South 45 degrees, 01 minutes, 29 seconds West 25.90 feet to the TRUE POINT OF BEGINNING of the herein described VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 2; THENCE South 33 degrees, 26 minutes, 44 seconds West 100.83 feet to a point; THENCE South 19 degrees, 56 minutes, 24 seconds West 340.47 feet to a point; THENCE South 28 degrees, 37 minutes 09 seconds East 53.84 feet to a point of curvature; THENCE 4.44 feet along a curve to the right having a radius of 115.00 feet and a chord bearing of North 68 degrees, 24 minutes, 11 seconds West and a chord distance of 4.44 feet to a point; THENCE North 67 degrees 17 minutes 50 seconds West 49.62 feet to a point of curvature; THENCE 15.71 feet along a curve to the right having a radius of 10.00 feet and a chord bearing of North 22 degrees, 17 minutes, 50 seconds West and a chord distance of 14.14 feet to a point; THENCE North 22 degrees 42 minutes 10 seconds East 365.79 feet to a point; THENCE 43.79 feet along a curve to the right having a radius of 383.91 feet and a chord bearing of North 25 degrees, 58 minutes, 15 seconds East and a chord distance of 43.77 feet to a point; THENCE North 45 degrees, 01 minutes, 29 seconds East a distance of 57.71 feet to the POINT OF BEGINNING excepting therefrom those portions covered by the existing easement recorded in Deed Book 10281 Page 1869 of said recorder’s office. TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of the above-described sewer construction. Parcel #44 A 15.00-FOOT-WIDE PERMANENT SEWER EASEMENT across a tract of land being Lots 5, 6, and part of Lot 4 in Block 5 of “Northdale”, a subdivision recorded in Plat Book 28 Page 2 of the St. Louis County, Missouri Recorder’s Office, Unincorporated, St. Louis County, Missouri, being more particularly described as follows: COMMENCING at the Northwest corner of Lot 6 in Block 5 of “Northdale”, a subdivision recorded in Plat Book 28 Page 2 of the St. Louis County, Missouri Recorder’s Office; THENCE South 82 degrees, 38 minutes, 05 seconds East 25.12 feet to the TRUE POINT OF BEGINNING of the centerline of the herein described 15.00 FOOT WIDE PERMANENT SEWER EASEMENT; THENCE South 28 degrees, 41 minutes, 29 seconds West 80.93 feet to the POINT OF TERMINUS, excepting therefrom those portions covered by the existing easement recorded in Plat Book 28 Page 2 of said recorder’s office. Also, three (3) TEMPORARY CONSTRUCTION EASEMENTS for use during the construction of any sewer in the above-described permanent sewer easement, said temporary construction easements being more particularly described as follows: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 1 for use during the construction of any sewer in the above-described permanent sewer easement, said temporary construction easement being more particularly described as follows: BEGINNING at the Northwest corner of Lot 6 in Block 5 of “Northdale”, a subdivision recorded in Plat Book 28 Page 2 of the St. Louis County, Missouri Recorder’s Office; THENCE South 82 degrees, 38 minutes, 05 seconds East 17.06 feet to a point; THENCE South 28 degrees, 41 minutes, 29 seconds West 78.79 feet to a point; THENCE North 67 degrees, 17 minutes, 50 seconds West 8.23 feet to a point; THENCE North 22 degrees, 42 minutes, 03 seconds East 73.84 feet to the TRUE POINT OF BEGINNING excepting therefrom those portions covered by the existing easement recorded in Plat Book 28 Page 2 of said recorder’s office. A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 2 for use during the construction of any sewer in the above-described permanent sewer easement, said temporary construction easement being more particularly described as follows: COMMENCING at the Northwest corner of Lot 6 in Block 5 of “Northdale”, a subdivision recorded in Plat Book 28 Page 2 of the St. Louis County, Missouri Recorder’s Office; THENCE South 82 degrees, 38 minutes, 05 seconds East 43.17 feet to the TRUE POINT BEGINNING of the herein described VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT; THENCE South 44 degrees, 03 minutes, 14 seconds West 35.16 feet to a point; THENCE North 28 degrees, 41 minutes, 29 seconds East 30.27 feet to a point; THENCE South 82 degrees, 38 minutes, 05 seconds East 10.00 feet to the POINT OF BEGINNING. A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 3 for use during the construction of any sewer in the above-described permanent sewer easement, said temporary construction easement being more particularly described as follows: COMMENCING at the Northwest corner of Lot 6 in Block 5 of “Northdale”, a subdivision recorded in Plat Book 28 Page 2 of the St. Louis County, Missouri Recorder’s Office; THENCE South 22 degrees, 42 minutes, 03 seconds West 73.84 feet to a point; THENCE South 67 degrees, 17 minutes, 50 seconds East 23.32 feet to the TRUE POINT OF BEGINNING of the herein described VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT; THENCE North 28 degrees, 41 minutes, 29 seconds East 26.90 feet to a point; THENCE South 05 degrees, 57 minutes, 27 seconds East 30.49 feet to a point; THENCE North 67 degrees, 17 minutes, 50 seconds West 17.43 feet to the POINT OF BEGINNING. TEMPORARY CONSTRUCTION EASEMENTS 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. The foregoing Ordinance was adopted on March 10, 2022.