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HomeMy Public PortalAbout16123 Edmundson Sanitary Relief (Edmund Ave to Bataan Dr) (12159)ORDINANCE NO. 16123 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 Edmundson Sanitary Relief (Edmund Ave to Bataan Dr) (12159) in Cities of Woodson Terrace and 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 Woodson Terrace and Unincorporated St. Louis County, 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: The foregoing Ordinance was adopted June 8, 2023 by the following vote: Ayes - A. Fehr, R. Wilson, G. Nicozisin, M. Evans, and B. Wahby Nays - none Secretary-Treasurer Section One. In order to protect the public health and relieve dangerous conditions, it is necessaiy 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 Edmundson Sanitary Relief (Edmund Ave to Bataan Dr) (12159) hereinafter set forth, said easements being more particularly described below: PARCEL #2 A 10 foot wide sewer easement across part of Lot 2 of Holt’s Subdivision, a subdivision according to the plat thereof recorded in Plat Book 352, Page 720 and part of Midway Avenue (40’ Wide) vacated by Ordinance No. 644 of the City of Breckenridge Hills, Missouri as recorded in Deed Book 11299, Page 211, all of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: 10 FOOT WIDE PERMANENT SEWER EASEMENT COMMENCING at the southeast corner of property now or formerly owned by James B. and Kristine Yager, H/W, as recorded by Deed Book 17940, Page 755 of the St. Louis County, Missouri Recorder’s Office; THENCE along the southern line of said property now or formerly owned by James B. and Kristine Yager, H/W, North 82 degrees 23 minutes 56 seconds West a distance of 15.00 feet to the ACTUAL POINT OF BEGINNING of the centerline of said 10 foot wide permanent sewer easement; THENCE departing said southern line of said property now or formerly owned by James B. and Kristine Yager, H/W, and proceeding along said centerline the following courses and distances: South 07 degrees 04 minutes 53 seconds West a distance of 158.34 feet to a point; THENCE South 43 degrees 51 minutes 40 seconds West a distance of 85.76 feet to a point; THENCE South33 degrees31 minutes 15 seconds West a distance of 86.10 feet to the POINT OF ENDING of the centerline of said 10 foot wide permanent sewer easement, said point being on the northeastern line of Lot 1 of Breckenridge Hills Center, a subdivision according to the plat thereof recorded in Plat Book 344, Page 248 of the St. Louis County, Missouri Recorder’s Office, said point also being distant along said northeastern line of Lot 1, North 54 degrees 59 minutes 47 seconds West a distance of 95.85 feet from the northeast corner of said Lot 1. Excepting therefrom those portions covered by the existing Easements to MSD recorded by Deeds in Book 4796 Page 606, Book 7674 Page 199, Book 7513 Page 2090, and Vacated Midway Avenue recorded by Deed in Book 19247 Page 4049, all of the St. Louis County, Missouri Recorder’s Office. Also, two temporary construction easements for the use during the construction, in the above described sewer easement, said temporary construction easements being more particularly as follows: TEMPORARY CONSTRUCTION EASEMENT NO. 1 BEGINNING at the southeast corner of said property now or formerly owned by James B. and Kristine Yager, H/W, said point being on the centerline of said Midway Avenue (40’ Wide) vacated; THENCE along said centerline of Midway Avenue (40’ Wide) vacated, South 07 degrees 04 minutes 53 seconds West a distance of 179.89 feet to a point; THENCE departing said centerline of Midway Avenue (40’ Wide) vacated, South 43 degrees 51 minutes 40 seconds West a distance of 75.11 feet to a point; THENCE South 33 degrees 31 minutes 15 seconds West, a distance of 84.49 feet to the northeastern line of Lot 1 of Breckenridge Hills Center, a subdivision according to the plat thereof recorded in Plat Book 344, Page 248 of the St. Louis County, Missouri Recorder’s Office; THENCE along said northeastern line of Lot 1, North 54 degrees 59 minutes 47 seconds West, a distance of 20.01 feet to a point; THENCE departing said northeastern line of Lot 1, North 33 degrees 31 minutes 15 seconds East, a distance of 85.78 feet to a point; Thence North 43 degrees 51 minutes 40 seconds East, a distance of 86.97 feet to a point; Thence North 07 degrees 04 minutes 53 seconds East, a distance of 159.96 feet to the northern line of said Lot 2 of Holt’s Subdivision; THENCE along said northern line of Lot 2 of Holt’s Subdivision, South 82 degrees 23 minutes 56 seconds East, a distance of 10.00 feet to the POINT OF BEGINNING. Excepting therefrom those portions covered by the existing Easements to MSD recorded by Deeds in Book 4796 Page 606, Book 7674 Page 199, Book 7513 Page 2090, and Vacated Midway Avenue recorded by Deed in Book 19247 Page 4049, all of the St. Louis County, Missouri Recorder’s Office. TEMPORARY CONSTRUCTION EASEMENT NO. 2 COMMENCING at the southeast corner of said property now or formerly owned by James B. and Kristine Yager, H/W; THENCE along the southern line of said property now or formerly owned by James B. and Kristine Yager, H/W, North 82 degrees 23 minutes 56 seconds West a distance of 20.00 feet to the ACTUAL POINT OF BEGINNING of the herein described Temporary Construction Easement No. 2; THENCE departing said southern line of said property now or formerly owned by James B. and Kristine Yager, H/W, South 07 degrees 04 minutes 53 seconds West a distance of 156.72 feet to a point; THENCE South 43 degrees 51 minutes 40 seconds West a distance of 84.55 feet to a point; THENCE South 33 degrees 31 minutes 15 seconds West a distance of 86.43 to the northeastern line of Lot 1 of Breckenridge Hills Center, a subdivision according to the plat thereof recorded in Plat Book 344, Page 248 of the St. Louis County, Missouri Recorder’s Office; THENCE along said northeastern line of Lot 1, North 54 degrees 59 minutes 47 seconds West, a distance of 20.01 feet to a point; THENCE departing said northeastern line of Lot 1, North 33 degrees 31 minutes 15 seconds East, a distance of 87.72 feet to a point; Thence North 43 degrees 51 minutes 40 seconds East, a distance of 79.71 feet to a point; Thence North 07 degrees 04 minutes 53 seconds East, a distance of 150.26 feet to said southern line of said property now or formerly owned by James B. and Kristine Yager, H/W; THENCE along said southern line of said property now or formerly owned by James B. and Kristine Yager, H/W, South 82 degrees 23 minutes 56 seconds East, a distance of 20.00 feet to the POINT OF BEGINNING. Excepting therefrom those portions covered by the existing Easements to MSD recorded by Deeds in Book 4796 Page 606, Book 7674 Page 199, Book 7513 Page 2090, all of the St. Louis County, Missouri Recorder’s Office. PARCEL #3 A 20 foot wide sewer easement across part of Midway Avenue (40’ Wide) vacated by Ordinance Nos. 1084 and 644 of the City of Breckenridge Hills, Missouri as recorded in Deed Book 16371, Page 774 and Deed Book 11299, Page 211 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: 20 FOOT WIDE PERMANENT SEWER EASEMENT BEGINNING at the northeast comer of property now or formerly owned by STL Woodworking, Inc., as recorded by Deed Book 23882, Page 1310 of the St. Louis County, Missouri Recorder’s Office, said point being on the centerline of said Midway Avenue (40’ Wide) vacated; THENCE along the northern line of said property now or formerly owned by STL Woodworking, Inc., North 82 degrees 23 minutes 56 seconds West a distance of 20.00 feet to the southeast corner of Lot 1 of Holt’s Subdivision, a subdivision according to the plat thereof recorded in Plat Book 352, Page 720 of the St. Louis County, Missouri Recorder’s Office; THENCE along the eastern line of said Lot 1, North 07 degrees 04 minutes 53 seconds East a distance of 160.10 feet to the northeast corner of said Lot 1; THENCE South 82 degrees 23 minutes 56 seconds East a distance of 20.00 feet to a point on said centerline of said Midway Avenue (40’ Wide) vacated; THENCE along said centerline of said Midway Avenue (40’ Wide) vacated, South 07 degrees 04 minutes 53 seconds West a distance of 160.10 feet to the POINT OF BEGINNING. Excepting therefrom that portion covered by Vacated Midway Avenue recorded by Deed in Book 16371 Page 774 and Deed Book 11299 Page 211, of the St. Louis County, Missouri Recorder’s Office. Also, a 20 foot wide temporary construction easement for the use during the construction, in the above described sewer easement, said temporary construction easements being more particularly as follows: TEMPORARY CONSTRUCTION EASEMENT COMMENCING at said northeast corner of property now or formerly owned by STL Woodworking, Inc.; THENCE along the northern line of said property now or formerly owned by STL Woodworking, Inc., North 82 degrees 23 minutes 56 seconds West a distance of 20 00 feet to the ACTUAL POINT OF BEGINNING of the herein described Temporary Construction Easement, said point being the southeast corner of Lot 1 of said Holt’s Subdivision; THENCE continuing along said northern line of property now or formerly owned by STL Woodworking, Inc., North 82 degrees 23 minutes 56 seconds West a distance of 20.00 feet to a point; THENCE departing said northern line of property now or formerly owned by STL Woodworking, Inc., North 07 degrees 04 minutes 51 seconds East, a distance of 160.10 feet to the northern line of said Lot 1 of Holt’s Subdivision; THENCE along said northern line of Lot 1, South 82 degrees 23 minutes 56 seconds East, a distance of 20.00 feet to the northeast corner of said Lot 1; THENCE along the eastern line of said Lot 1, South 07 degrees 04 minutes 53 seconds West, a distance of 160.10 feet to the POINT OF BEGINNING. Excepting therefrom that portion covered by the existing Easement to MSD recorded by Deed in Book 7513 Page 2090 of the St. Louis County, Missouri Recorder’s Office. PARCEL #13 A 15 foot wide temporary construction easement across part of Lot 11 in Block 2 of Tyrone Park, a subdivision according to the plat thereof recorded in Plat Book 36, Page 8 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: 15 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT BEGINNING at the northeast comer of said Lot 11 in Block 2 of Tyrone Park; THENCE along the eastern line of said Lot 11, South 07 degrees 06 minutes 56 seconds West a distance of 15.00 feet to a point; THENCE departing said eastern line of Lot 11, North 82 degrees 55 minutes 37 seconds West a distance of 50.00 feet to the western line of said Lot 11; THENCE along said western line of Lot 11, North 07 degrees 06 minutes 56 seconds East a distance of 15.00 feet to the south line Muriel Avenue (50’ Wide); THENCE along said south line Muriel Avenue (50’ Wide), South 82 degrees 55 minutes 37 seconds East a distance of 50.00 feet to the POINT OF BEGINNING. Excepting therefrom that portion covered by the existing easement according to said Plat Book 36, Page 8 of the St. Louis County, Missouri Recorder’s Office. PARCEL #17 A 15 foot wide temporary construction easement across part of Lot 7 in Block 2 of Tyrone Park, a subdivision according to the plat thereof recorded in Plat Book 36, Page 8 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: 15 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT BEGINNING at the northeast corner of said Lot 7 in Block 2 of Tyrone Park; THENCE along the eastern line of said Lot 7, South 07 degrees 06 minutes 56 seconds West a distance of 15.00 feet to a point; THENCE departing said eastern line of Lot 7, North 82 degrees 55 minutes 37 seconds West a distance of 50.00 feet to the western line of said Lot 7; THENCE along said western line of Lot 7, North 07 degrees 06 minutes 56 seconds East a distance of 15.00 feet to the south line Muriel Avenue (50’ Wide); THENCE along said south line Muriel Avenue (50’ Wide), South 82 degrees 55 minutes 37 seconds East a distance of 50.00 feet to the POINT OF BEGINNING. PARCEL #23 A temporary construction easement across part of Lot 1 in Block 2 of Schuermann Place, a subdivision according to the plat thereof recorded in Plat Book 22, Page 67 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: TEMPORARY CONSTRUCTION EASEMENT BEGINNING at the northwest corner of said Lot 1 in Block 2 of Schuermann Place; THENCE along the north line of said Lot 1, South 82 degrees 38 minutes 09 seconds East a distance of 5.00 feet to a point; THENCE departing said north line of Lot 1, South 07 degrees 04 minutes 12 seconds West a distance of20.54 feet to a point; THENCE South 82 degrees 55 minutes 37 seconds East a distance of 4.25 feet to a point; THENCE South 06 degrees 57 minutes 23 seconds West a distance of 9.75 feet to a point; THENCE South 83 degrees 02 minutes 37 seconds East a distance of 8.68 feet to a point; THENCE South 06 degrees 57 minutes 23 seconds West a distance of 9.28 feet to a point; THENCE South 83 degrees 21 minutes 48 seconds East a distance of 5.89 feet to a point; THENCE South 07 degrees 04 minutes 23 seconds West a distance of 8.09 feet to the north line of Muriel Avenue (40’ wide); THENCE along said north line of Muriel Avenue, North 82 degrees 38 minutes 09 seconds West, a distance of 3.96 feet to a point of curve on the east line of Edmundson Road (50’ wide); THENCE, along said east line of Edmundson Road the following courses and distances: along a curve to the right, having a radius of 20.00 feet, an arc distance of 31.31 feet and whose chord bears North 37 degrees 46 minutes 58 seconds West a distance of 28.21 feet; North 07 degrees 04 minutes 12 seconds East a distance of 27.60 feet to the POINT OF BEGINNING. 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.