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HomeMy Public PortalAbout15877 Amblewood Sanitary Relief (Waterford Dr to Birchbark Dr) (12077)ORDINANCE NO. 15877 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 Amblewood Sanitary Relief (Waterford Dr to Birchbark Dr) (12077) in the City of Florissant, 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 Florissant, Missouri within the Coldwater 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 Amblewood Sanitary Relief (Waterford Dr to Birchbark Dr) (12077) hereinafter set forth, said easements being more particularly described below: PARCEL #6 10 FEET WIDE EASEMENT across a tract of land being part of Blocks 62 and 63 of “St. Ferdinand Commons” as recorded in Deed Book 10791, Page 2087 of the public records of St. Louis County, in the city of Florissant, Missouri, being more particularly described as follows: A 10 FEET WIDE EASEMENT, COMMENCING at the Northern corner of said part of Blocks 62 and 63 of “St. Ferdinand Commons”; THENCE along the Northwest line of said part of Blocks 62 and 63, also being the Southeast line of a tract of land being part of Lot 62 of “St. Ferdinand Commons” as recorded in Deed Book 16153, Page 122 of the public records of St. Louis County, South 49 degrees 47 minutes 57 seconds West, 10.40 feet to the POINT OF BEGINNING of the herein described centerline of said 10 FEET WIDE EASEMENT; THENCE leaving the Southeast line of said part of Lot 62 of “St. Ferdinand Commons”, South 40 degrees 07 minutes 11 seconds East, 168.28 feet; THENCE South 42 degrees 40 minutes 57 seconds East, 132.31 feet; THENCE South 23 degrees 14 minutes 06 seconds West, 60.42 feet to the South line of said part of Blocks 62 and 63 of “St. Ferdinand Commons”, also being the POINT OF TERMINUS. The sidelines of said 10 FEET WIDE EASEMENT to be shortened or lengthened to terminate at said South and Northwest lines. Excepting therefrom those portions covered by the existing easements recorded in Plat Book 130 pages 26-28 of said public records. ALSO two (2) VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS for use during the construction of any sewer in the above described 10 FEET WIDE EASEMENT, said VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as follows: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT (#1), BEGINNING at the Northern corner of said part of Blocks 62 and 63 of “St. Ferdinand Commons”; THENCE along the Northeast line of said part of Blocks 62 and 63, also being the South line of Parker Road (70 feet wide), South 40 degrees 12 minutes 03 seconds East, 20.62 feet; THENCE along a curve to the left having a radius of 416.97 feet, arc length of 109.97 feet and a chord bearing of South 47 degrees 45 minutes 24 seconds East, 109.66 feet; THENCE leaving the South line of said Parker Road (70 feet wide), South 40 degrees 07 minutes 11 seconds East, 38.43 feet; THENCE South 42 degrees 40 minutes 57 seconds East, 147.96 feet; THENCE South 23 degrees 14 minutes 06 seconds West, 84.95 feet to the South line of said part of Blocks 62 and 63 of “St. Ferdinand Commons”; THENCE along said South line of part of Blocks 62 and 63, North 48 degrees 21 minutes 29 seconds West, 21.08 feet; THENCE leaving said South line of part of Blocks 62 and 63, North 23 degrees 14 minutes 06 seconds East, 65.32 feet; THENCE North 42 degrees 40 minutes 57 seconds West, 135.44 feet; THENCE North 40 degrees 07 minutes 11 seconds West, 168.18 feet to the Northwest line of said part of Blocks 62 and 63; THENCE along said Northwest line of part of Blocks 62 and 63, North 49 degrees 47 minutes 57 seconds East, 5.40 feet to the POINT OF BEGINNING. . Less and Excepting therefrom those portions covered by the existing easements recorded in Plat Book 13 pages 26-28 of said public records. A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT (#2), COMMENCING at a point being the Northern most corner of said part of Blocks 62 and 63 of “St. Ferdinand Commons”; THENCE along the Northwest line of said part of Blocks 62 and 63, also being the Southeast line of a tract of land being part of Lot 62 of “St. Ferdinand Commons” as recorded in Deed Book 16153, Page 122 of the public records of St. Louis County, South 49 degrees 47 minutes 57 seconds West, 15.40 feet to the POINT OF BEGINNING; THENCE leaving said Northwest line of part of Blocks 62 and 63, South 40 degrees 07 minutes 11 seconds East, 168.38 feet; THENCE South 42 degrees 40 minutes 57 seconds East, 129.18 feet; THENCE South 23 degrees 14 minutes 06 seconds West, 55.51 feet to the South line of said part of Blocks 62 and 63 of “St. Ferdinand Commons”; THENCE along said South line of part of Blocks 62 and 63, North 48 degrees 21 minutes 29 seconds West, 11.03 feet; THENCE North 53 degrees 56 minutes 59 seconds West, 9.77 feet; THENCE leaving said South line of part of Blocks 62 and 63, North 23 degrees 14 minutes 06 seconds East, 36.89 feet; THENCE North 42 degrees 40 minutes 57 seconds West, 116.66 feet; THENCE North 40 degrees 07 minutes 11 seconds West, 143.02 feet; THENCE North 56 degrees 24 minutes 05 seconds West, 15.55 feet to the Northwest line of said part of Blocks 62 and 63; THENCE along said Northwest line of part of Blocks 62 and 63, North 04 degrees 52 minutes 16 seconds East, 15.37 feet; THENCE North 49 degrees 47 minutes 57 seconds East, 13.49 feet to the POINT OF BEGINNING. Excepting therefrom those portions covered by the existing easements recorded in Plat Book 130 pages 26-28 of said public records. TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of the above described sewer construction. PARCEL #12 10 FEET WIDE EASEMENT across a tract of land being part of Lot “A” of Plaza de Madrid as recorded in Plat Book 313, Page 31 of the public records of St. Louis County, in the city of Florissant, Missouri, being more particularly described as follows: A 10 FEET WIDE EASEMENT, COMMENCING at the Southern corner of said Lot “A” of Plaza de Madrid as recorded in Plat Book 313, Page 31 of the public records of St. Louis County, also being on the North line of Parker Road (Seventy feet wide), THENCE along the Southeast line of said Lot ”A”, also being the Northwest line of lot “B3” of “Plaza de Seville” as recorded in Plat Book 368, Page 152 of the public records of St. Louis County, North 29 degrees 28 minutes 32 seconds East, 26.54 feet to the POINT OF BEGINNING of the herein described centerline of said 10 FEET WIDE EASEMENT; THENCE leaving said Southeast line of Lot “A”, North 48 degrees 42 minutes 48 seconds West, 34.15 feet; THENCE North 58 degrees 27 minutes 12 seconds West, 262.76 feet; THENCE South 28 degrees 38 minutes 49 seconds West, 35.67 feet to a point being on the North line of Parker Road (Seventy feet wide), also being the POINT OF TERMINUS. The sidelines of said 10 FEET WIDE EASEMENT to be shortened or lengthened to terminate at said Southeast line and North line of Parker Road. Excepting therefrom those portions covered by the existing easements recorded in Plat Book 130 pages 26-28 of said public records. ALSO two (2) VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS for use during the construction of any sewer in the above described 10 FEET WIDE EASEMENT, said VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as follows: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT(#1) BEGINNING at the Southern corner of said Lot “A” of Plaza de Madrid as recorded in Plat Book 313, Page 31 of the public records of St. louis County; THENCE along the Southwest line of said Lot “A”, also being the North line of Parker Road (Seventy feet wide), along a curve with a radius of 989.93 feet, arc length of 21.84 feet and a chord bearing of North 60 degrees 48 minutes 50 seconds West, 21.83 feet; THENCE North 61 degrees 26 minutes 44 seconds West, 46.47 feet; THENCE North 58 degrees 06 minutes 55 seconds West, 203.09 feet; THENCE North 61 degrees 16 minutes 38 seconds West, 19.29 feet; THENCE leaving said North line of Parker Road (Seventy feet wide), North 28 degrees 38 minutes 49 seconds East, 30.41 feet; THENCE South 58 degrees 27 minutes 12 seconds East, 257.07 feet; THENCE South 48 degrees 42 minutes 48 seconds East, 34.77 feet to a point on the Southeast line of said Lot “A” of Plaza de Madrid; THENCE along said Southeast line of Lot “A”, South 29 degrees 28 minutes 32 seconds West, 21.43 feet to the POINT OF BEGINNING. Excepting therefrom those portions covered by the existing easements recorded in Plat Book 130 pages 26-28 of said public records. A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT(#2) COMMENCING at the Southern corner of said Lot “A” of Plaza de Madrid as recorded in Plat Book 313, Page 31 of the public records of St. Louis County, also being on the North line of Parker Road (Seventy feet wide); THENCE along the Southeast line of said Lot “A”, also being the Northwest line of Lot “B3” of Plaza de Seville as recorded in Plat Book 368, Page 152 of the public records of St. louis County, North 29 degrees 28 minutes 32 seconds East, 31.65 feet to the POINT OF BEGINNING; THENCE leaving the Southeast line of said Lot “A”, North 48 degrees 42 minutes 48 seconds West, 33.53 feet; THENCE North 58 degrees 27 minutes 12 seconds West, 268.45 feet; THENCE South 28 degrees 38 minutes 49 seconds West, 40.92 feet to a point on the Southwest line of said Lot “A” of Plaza de Madrid; THENCE along said Southwest line of Lot “A”, also being the North line of Parker Road (Seventy feet wide), North 61 degrees 16 minutes 38 seconds West, 30.00 feet; THENCE leaving said North line of Parker Road (Seventy feet wide), North 28 degrees 38 minutes 49 seconds East, 62.43 feet; THENCE South 58 degrees 27 minutes 12 seconds East, 301.20 feet; THENCE South 48 degrees 42 minutes 48 seconds East, 31.05 feet to a point on the Southeast line of said Lot “A”; THENCE along said Southeast line of Lot “A”, South 29 degrees 28 minutes 32 seconds West, 20.43 feet to the POINT OF BEGINNING. Excepting therefrom those portions covered by the existing easements recorded in Plat Book 130 pages 26-28 of said public records. TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of the above described sewer construction. PARCEL #13 VARIABLE WIDTH EASEMENT across a tract of land being part of Blocks 61 and 62 of St. Ferdinand Commons as recorded in Deed Book 7592, Page 959 of the public records of St. Louis County, in the city of Florissant, Missouri, being more particularly described as follows: A VARIABLE WIDTH EASEMENT, BEGINNING at the Northwest corner of said Tract being part of Blocks 61 and 62 of St. Ferdinand Commons; THENCE along the North line of said Tract, also being the South line Parker Road (Seventy feet wide), along a curve to the right having a radius of 919.93 feet, arc length of 212.87 feet and a chord bearing of South 68 degrees 04 minutes 28 seconds East, 212.39 feet; THENCE continuing along said South line of Parker Road (70 feet wide), South 61 degrees 26 minutes 44 seconds East, 79.29 feet; THENCE leaving said South line of Parker Road (Seventy feet wide), South 28 degrees 38 minutes 49 seconds West, 21.00 feet; THENCE North 65 degrees 09 minutes 34 seconds West, 281.28 feet; THENCE North 77 degrees 59 minutes 26 seconds West, 3.79 feet to a point on the West line of said Tract being part of Blocks 61 and 62 of St. Ferdinand Commons, also being the East line of a tract of land being part of Blocks 61 and 62 of St Ferdinand Commons as recorded in Deed Book 15145, Page 2231 of the public records of St. louis County; THENCE along said West line of said Tract, North 08 degrees 02 minutes 00 seconds East, 16.84 feet to the POINT OF BEGINNING. Excepting therefrom those portions covered by the existing easements recorded in Deed Book 24604 Page 316 and Plat Book 130 pages 26-28 of said public records. VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT for use during the construction of any sewer in the above described VARIABLE WIDTH EASEMENT, said VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT, COMMENCING at the Northwest corner of said Tract being part of Blocks 61 and 62 of St. Ferdinand Commons; THENCE along the North line of said Tract, also being the South line Parker Road (Seventy feet wide), along a curve to the right having a radius of 919.93 feet, arc length of 212.87 feet and a chord bearing of South 68 degrees 04 minutes 28 seconds East, 212.39 feet; THENCE continuing along said South line of Parker Road (Seventy feet wide), South 61 degrees 26 minutes 44 seconds East, 79.29 feet to the POINT OF BEGINNING; THENCE continuing along said South line of Parker Road (Seventy feet wide), South 61 degrees 26 minutes 44 seconds East, 40.00 feet; THENCE leaving said South line of Parker Road (Seventy feet wide), South 28 degrees 38 minutes 49 seconds West, 58.49 feet; THENCE North 65 degrees 09 minutes 34 seconds West, 80.18 feet; THENCE North 24 degrees 50 minutes 26 seconds East, 20.00 feet; THENCE North 65 degrees 09 minutes 34 seconds West, 236.28 feet; THENCE North 77 degrees 57 minutes 42 seconds West, 0.15 feet to a point on the West line of said Tract of land being part of Blocks 61 and 62 of St. Ferdinand Commons, also being the East line of a tract of land being part of Blocks 61 and 62 of St. Ferdinand Commons as recorded in Deed Book 15145, Page 2231 of the public records of St. Louis County; THENCE along said West line of said Tract of land being part of Blocks 61 and 62, North 08 degrees 02 minutes 00 seconds East, 20.05 feet; THENCE leaving said West line of said Tract of land being part of Blocks 61 and 62, South 77 degrees 59 minutes 26 seconds East, 3.79 feet; THENCE South 65 degrees 09 minutes 34 seconds East, 281.28 feet; THENCE North 28 degrees 38 minutes 49 seconds East, 21.00 feet to a point on the South line of said Parker Road (Seventy feet wide) and being the POINT OF BEGINNING. Excepting therefrom those portions covered by the existing easements recorded in Deed Book 24604 Page 316 and Plat Book 13 pages 26-28 of said public records. TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above described sewer construction. PARCEL #14 VARIABLE WIDTH EASEMENT across a tract of land being part of Blocks 61 and 62 of St. Ferdinand Commons as recorded in Deed Book 15145, Page 2231 of the public records of St. Louis County, in the city of Florissant, Missouri, being more particularly described as follows: A VARIABLE WIDTH EASEMENT, BEGINNING at the Northwestern corner of said Tract of land being part of Blocks 61 and 62 of St. Ferdinand Commons; THENCE along the North line of said Tract of land being part of Blocks 61 and 62 of St. Ferdinand Commons, also being on the South line of Parker Road (variable width), South 89 degrees 56 minutes 44 seconds East, 30.64 feet; THENCE continuing along said South line of Parker Road (variable width), along a curve to the right width a radius of 919.93 feet, arc length of 244.72 feet and a chord bearing of South 82 degrees 19 minutes 28 seconds East, 244.00 feet; THENCE leaving said South line of Parker Road (variable width), along the East line of said Tract of land being part of Blocks 61 and 62 of St. Ferdinand Commons, South 08 degrees 02 minutes 00 seconds West, 16.84 feet; THENCE leaving said East line of Tract of land being part of Blocks 61 and 62 St. Ferdinand Commons, North 77 degrees 59 minutes 26 seconds West, 143.28 feet; THENCE North 82 degrees 33 minutes 14 seconds West, 131.07 feet to a point on the West line of said tract of land being part of Blocks 61 and 62 St. Ferdinand Commons; THENCE along the West line of said Tract of land being part of Blocks 61 and 62 St. Ferdinand Commons, North 00 degrees 03 minutes 16 seconds East, 2.50 feet to the POINT OF BEGINNING. Excepting therefrom those portions covered by the existing easements recorded in Plat Book 130 pages 26-28 of said public records. VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT for use during the construction of any sewer in the above described VARIABLE WIDTH EASEMENT, said VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT, COMMENCING at the Northwest corner of said Tract of land being part of Blocks 61 and 62 of St. Ferdinand Commons, also being on the South line of Parker Road (variable width); THENCE along the West line of said Tract of land being part of Blocks 61 and 62 St. Ferdinand Commons, also being the East line of a tract of land being part of Blocks 61 and 62 of St. Ferdinand Commons as recorded in Deed Book 17127, Page 3295 of the public records of St. Louis County, South 00 degrees 03 minutes 16 seconds West, 2.50 feet to the POINT OF BEGINNING; THENCE leaving said West line of said Tract of land being part of Blocks 61 and 62 of St. Ferdinand Commons, South 82 degrees 33 minutes 14 seconds East, 131.07 feet; THENCE South 77 degrees 59 minutes 26 seconds East, 143.28 feet to a point on the East line of said Tract of land being part of Blocks 61 and 62 of St. Ferdinand Commons; THENCE along said East line of said Tract of land being part of Blocks 61 and 62 St. Ferdinand Commons, South 08 degrees 02 minutes 00 seconds West, 20.05 feet; THENCE leaving said East line of said Tract of land being part of Blocks 61 and 62 St. Ferdinand Commons, North 77 degrees 59 minutes 26 seconds West, 119.87 feet; THENCE South 12 degrees 00 minutes 34 seconds West, 10.00 feet; THENCE North 77 degrees 59 minutes 26 seconds West, 23.61 feet; THENCE North 82 degrees 33 minutes 14 seconds West, 26.48 feet; THENCE North 12 degrees 00 minutes 34 seconds East, 10.03 feet; THENCE North 82 degrees 33 minutes 14 seconds West, 101.59 feet to a point on the West line of said tract of land being part of Blocks 61 and 62 St. Ferdinand Commons; THENCE along the West line of said tract of land being part of Blocks 61 and 62 St. Ferdinand Commons, North 00 degrees 03 minutes 16 seconds East, 20.17 feet to the POINT OF BEGINNING. Excepting therefrom those portions covered by the existing easements recorded in Plat Book 130 pages 26-28 of said public records. TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above described sewer construction. PARCEL #15 TEMPORARY CONSTRUCTION EASEMENT for use during the construction of any sewer project. A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT across a tract of land being part of Lot 61 of St. Ferdinand Commons as recorded in Deed Book 17127, Page 3295 of the public records of St. Louis County, in the city of Florissant, Missouri, being more particularly described as follows: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT BEGINNING at the Northeastern corner of said Tract of land being part of Lot 61 of St. Ferdinand Commons; THENCE along the East line of said Tract of land being part of Lot 61 of St. Ferdinand Commons, also being the West line of a tract of land located in Blocks 61 and 62 of St. Ferdinand Commons, as recorded in Deed Book 15145, Page 2231 of the public records of St. Louis County, South 00 degrees 03 minutes 16 seconds West, 22.67 feet; THENCE leaving said East line of said Tract of land being part of Lot 61 of St. Ferdinand Commons, North 82 degrees 33 minutes 14 seconds West, 40.87 feet; THENCE North 01 degrees 27 minutes 41 seconds East, 9.79 feet; THENCE North 89 degrees 29 minutes 56 seconds West, 40.97 feet; THENCE North 00 degrees 30 minutes 04 seconds East, 7.31 feet to a point on the South line of Parker Road (variable width); THENCE along said South line of Parker Road (variable width), South 89 degrees 56 minutes 45 seconds East, 81.20 feet to the POINT OF BEGINNING. Excepting therefrom those portions covered by the existing easements recorded in Plat Book 130 pages 26-28 of said public records. 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. The foregoing Ordinance was adopted on April 14, 2022