HomeMy Public PortalAbout12138O R D I N A N C E NO. 12138
AN ORDINANCE, declaring the necessity for the acquisition of easements and
licenses in certain real property within The Metropolitan St. Louis Sewer District for the purpose
of construction of sanitary sewers and related appurtenances in the project known as Marbendale
– Lemp Sanitary Facilities Consolidation (2001139) to serve the needs of residents of the area,
and authorizing the acquisition of said easements and licenses by purchase or by the institution
of condemnation proceedings.
WHEREAS, there exists within The Metropolitan St. Louis Sewer District an
area of the County of St. Louis within the Meramec Tributary Area Watershed wherein live and
work numerous people; and
WHEREAS, sanitary 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 sanitary sewer lines 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 unsanitary and
dangerous conditions, it is necessary to appropriate and acquire by the exercise of eminent
domain or otherwise easements and licenses in real property for the construction of sanitary
sewers and related appurtenances in the project known as Marbendale – Lemp Sanitary Facilities
Consolidation (2001139) as hereinafter set forth, said easements and licenses being more
particularly described below:
Marbendale – Lemp Sanitary Facilities Consolidation (2001139)
Parcel #6
10 FT WIDE PWRE DESCRIPTION
A 10 FOOT WIDE PERMANENT WORKING ROOM EASEMENT BEING PART OF A
TRACT OF LAND CONVEYED TO IGNATIUS H. AND MARY P. YUAN BY GENERAL
WARRENTY DEED RECORDED IN BOOK 8602, PAGE 1136 OF THE ST. LOUIS
COUNTY RECORDER’S OFFICE. SAID EASEMENT BEING PART OF LOT 3 OF
WINDSOR FOREST, A SUBDIVISION (PLAT BOOK 65, PAGE 27), CITY OF
KIRKWOOD, ST. LOUIS COUNTY, MISSOURI, THE CENTERLINE OF SAID 10 FOOT
WIDE PERMANENT WORKING ROOM EASEMENT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 3 OF WINDSOR FOREST,
A SUBDIVISION; THENCE, ALONG THE EAST PROPERTY LINE OF SAID LOT 3,
SOUTH 31 DEGREES 34 MINUTES 38 SECONDS EAST A DISTANCE OF 35.75 FEET TO
THE POINT OF BEGINNING; THENCE, DEPARTING SAID EAST PROPERTY LINE OF
LOT 3, SOUTH 88 DEGREES 05 MINUTES 56 SECONDS WEST A DISTANCE OF 283.11
FEET TO THE POINT OF TERMINATION, SAID POINT BEING ON THE EAST LINE OF
AN EXISTING 10 FOOT WIDE EASEMENT AS RECORDED IN PLAT BOOK 65 PAGE 27.
Marbendale – Lemp Sanitary Facilities Consolidation (2001139)
Parcel #9
VARIABLE WIDTH EASEMENT
AN EASEMENT BEING PART OF A TRACT OF LAND CONVEYED TO DANIEL J. AND
ELIZABETH A. KINZEL BY GENERAL WARRENTY DEED RECORDED IN BOOK 9909,
PAGE 806 OF THE ST. LOUIS COUNTY RECORDER’S OFFICE, SAID EASEMENT
BEING PART OF LOT 6 OF CARRINGTON WOODS A SUBDIVISION (PLAT BOOK 282,
PAGE 57), CITY OF KIRKWOOD, ST. LOUIS COUNTY, MISSOURI, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A TRIANGULAR SHAPED VARIABLE WIDTH EASEMENT BOUNDED ON THE SOUTH
BY THE SOUTH PROPERTY LINE OF SAID LOT 6, BOUNDED ON THE EAST BY THE
WEST LINE OF AN EXISTING 10 FOOT WIDE EASEMENT AS RECORDED IN DEED
BOOK 9991 PAGE 959 & 962 AND BOUNDED ON THE WEST BY THE WEST
PROPERTY LINE OF SAID LOT 6.
7 FT WIDE EASEMENT DESCRIPTION
A SEVEN FOOT WIDE EASEMENT BEING EAST OF, ADJACENT AND PARALLEL TO
THE EAST LINE OF AN EXISTING 5 FOOT WIDE EASEMENT AS RECORDED IN PLAT
BOOK 9991 PAGES 959 & 962, SAID EASEMENT BEING BOUNDED ON THE SOUTH BY
THE NORTH LINE OF AN EXISTING 10 FOOT WIDE EASEMENT AS RECORDED IN
PLAT BOOK 9991, PAGE 959 & 962 AND BOUNDED ON THE NORTH BY THE SOUTH
RIGHT-OF-WAY LINE OF HUTHMAKER (50 FOOT WIDE) AVENUE.
10 FT WIDE TEMPORARY CONSTRUCTION LICENSE DESCRIPTION
COMMENCING AT THE NORTHWESTERLY PROPERTY CORNER OF SAID LOT 6,
THENCE; ALONG THE NORTH PROPERTY LINE OF SAID LOT 6 ALSO BEING THE
SOUTH RIGHT-OF-WAY LINE OF HUTHMAKER (40 FOOT WIDE) AVENUE, ALONG A
CURVE TO THE LEFT HAVING A RADIUS OF 54.00 FEET, AN ARC LENGTH OF 12.10
FEET TO THE POINT OF BEGINNING; THENCE CONTINUEING ALONG SAID SOUTH
RIGHT-OF-WAY LINE OF HUTHMAKER AVENUE ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 54.00 FEET AN ARC LENGTH OF 10.56 FEET TO A POINT;
THENCE DEPARTING SAID SOUTH RIGHT-OF-WAY LINE OF HUTHMAKER AVENUE,
SOUTH 03 DEGREES 24 MINUTES 57 SECONDS EAST A DISTANCE OF 97.54 FEET TO
A POINT; THENCE ALONG THE NORTH LINE OF AN EXISTING EASEMENT TO THE
METROPOLITAN SEWER DISTRICT AS RECORDED IN DEED BOOK 9991, PAGES 959
& 962, NORTH 40 DEGREES 26 MINUTES 52 SECONDS WEST A DISTANCE OF 16.60
FEET TO A POINT; THENCE LEAVING SAID NORTH LINE OF THE EXISTING 10 FOOT
WIDE EASEMENT CONVEYED TO THE METROPOLITAN SEWER DISTRICT, NORTH
03 DEGREES 24 MINUTES 57 SECONDS WEST A DISTANCE OF 80.95 FEET TO THE
POINT OF BEGINNING.
Marbendale – Lemp Sanitary Facilities Consolidation (2001139)
Parcel #29
20 FT. WIDE EASEMENT DESCRIPTION
AN EASEMENT BEING PART OF A TRACT OF LAND CONVEYED TO PETER AND
KATHY KLEVORN BY GENERAL WARRENTY DEED RECORDED IN BOOK 12415,
PAGE 2157 OF THE ST. LOUIS COUNTY RECORDER’S OFFICE, SAID EASEMENT
BEING IN TOWNSHIP 45 NORTH, RANGE 5 EAST, CITY OF KIRKWOOD, ST. LOUIS
COUNTY, MISSOURI. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A TWENTY FOOT WIDE EASEMENT NORTH OF, ADJACENT AND PARALLEL TO THE
SOUTH PROPERTY LINE OF SAID TRACT OF LAND CONVEYED TO PETER AND
KATHY KLEVORN.
Marbendale – Lemp Sanitary Facilities Consolidation (2001139)
Parcel #29.2
10 FT. WIDE EASEMENT DESCRIPTION
AN EASEMENT BEING PART OF A TRACT OF LAND CONVEYED TO JAMES E. AND
JENNIFER C. OTT BY DEED RECORDED IN BOOK 14965, PAGE 217 OF THE ST. LOUIS
COUNTY RECORDER’S OFFICE. SAID EASEMENT BEING PART OF LOT 8 IN THE
OAKS AT STATION BEND A SUBDIVISION (PLAT BOOK 347, PAGE 91), CITY OF
KIRKWOOD, ST. LOUIS COUNTY, MISSOURI, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
A TEN FOOT WIDE EASEMENT BEING 10 FEET NORTH OF, ADJACENT AND
PARALLEL TO THE NORTH LINE OF AN EXISTING 10 FOOT WIDE EASEMENT AS
RECORDED IN PLAT BOOK 347 PAGE 91, SAID EXISTING EASEMENT BEING 10 FEET
NORTH OF, ADJACENT AND PARALLEL TO THE SOUTH PROPERTY LINE OF SAID
LOT 8; BOUNDED ON THE EAST AND WEST BY EXISTING 5 FOOT WIDE
EASEMENTS AS RECORDED IN PLAT BOOK 347 PAGE 91.
20 FT. WIDE TEMPORARY CONSTRUCTION LISENCE DESCRIPTION
COMMENCING AT THE NORTH WEST CORNER OF LOT 8 OF THE OAKS AT STATION
BEND A SUBDIVISION AS RECORDED IN (PLAT BOOK 347, PAGE 91); THENCE
ALONG THE WEST LINE OF SAID LOT 8, SOUTH 01 DEGREES 03 MINUTES 45
SECONDS WEST A DISTANCE OF 94.57 FEET TO A POINT; THENCE DEPARTING
SAID WEST LINE OF LOT 8, SOUTH 88 DEGREES 56 MINUTES 15 SECONDS EAST A
DISTANCE OF 5.00 FEE TO THE POINT OF BEGINNING SAID POINT BEING ON THE
EAST LINE OF AN EXISTING 5.00 FOOT WIDE EASEMENT AS SHOWN ON PLAT
BOOK 347, PAGE 91; THENCE DEPARTING SAID EAST LINE OF 5.00 FOOT WIDE
EASEMENT ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1830.53 FEET AN
ARC LENGTH OF 21.44 FEET WITH A CHORD BEARING OF NORTH 81 DEGREES 14
MINUTES 03 SECONDS EAST A CHORD DISTANCE OF 21.43 FEET TO A POINT;
THENCE SOUTH 09 DEGREES 03 MINUTES 52 SECONDS EAST A DISTANCE OF 20.00
FEET TO A POINT; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF
1850.53 FEET AN ARC LENGTH OF 25.00 FEET WITH A CHORD BEARING OF SOUTH
81 DEGREES 17 MINUTES 11 SECONDS WEST AN ARC LENGTH OF 25.00 FEET TO A
POINT ON THE EAST LINE OF SAID EXISTING 5.00 FOOT WIDE EASEMENT; THENCE
ALONG SAID EAST LINE OF SAID 5.00 FOOT WIDE EASEMENT, NORTH 01 DEGREES
03 MINUTES 45 SECONDS EAST A DISTANCE OF 20.27 FEET TO THE POINT OF
BEGINNING.
Marbendale – Lemp Sanitary Facilities Consolidation (2001139)
Parcel #29.3
10 FT. WIDE EASEMENT DESCRIPTION
AN EASEMENT BEING PART OF A TRACT OF LAND CONVEYED TO ANDREW B.
AND MARY B. ROBINS BY GENERAL WARRENTY DEED RECORDED IN BOOK 12016,
PAGE 1548 OF THE ST. LOUIS COUNTY RECORDER’S OFFICE. SAID EASEMENT
BEING PART OF LOT 9 OF THE OAKS AT STATION BEND A SUBDIVISION (PLAT
BOOK 347, PAGE 91), CITY OF KIRKWOOD, ST. LOUIS COUNTY, MISSOURI, BEING
MORE PARTICULARY DESCRIBED AS FOLLOWS:
A TEN FOOT WIDE EASEMENT NORTH OF, ADJACENT AND PARALLEL TO THE
NORTH LINE OF AN EXISTING 10 FOOT WIDE EASEMENT AS RECORDED IN PLAT
BOOK 347 PAGE 91, SAID EXISTING EASEMENT BEING NORTH OF, ADJACENT AND
PARALLEL TO THE SOUTH PROPERTY LINE OF SAID LOT 9; BOUNDED ON THE
EAST AND WEST BY SAID EXISTING 10 FOOT WIDE EASEMENTS AS RECORDED IN
PLAT BOOK 347 PAGE 91.
20 FT. WIDE TEMPORARY CONSTRUCTION LISENCE DESCRIPTION
COMMENCING AT THE SOUTHEASTERLY PROPERTY CORNER OF SAID LOT 9;
THENCE, ALONG THE EAST PROPERTY LINE OF SAID LOT 9, NORTH 01 DEGREES
03 MINUTES 45 SECONDS EAST A DISTANCE OF 18.66 FEET TO A PONT; THENCE
DEPARTING SAID EAST PROPERTY LINE, NORTH 88 DEGREES 56 MINUTES 15
SECONDS WEST A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING;
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1850.53 FEET AND
A LENGTH OF 20.00 FEET AND A CHORD BEARING OF SOUTH 82 DEGREES 27
MINUTES 12 SECONDS WEST WITH A CHORD DISTANCE OF 20.00 FEET; THENCE
NORTH 07 DEGREES 14 MINUTES 13 SECONDS WEST A DISTANCE OF 20.00 FEET;
THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1830.53 FEET AND A
LENGTH OF 22.62 FEET WITH A CHORD BEARING OF NORTH 82 DEGREES 24
MINUTES 15 SECONDS EAST WITH A CHORD DISTANCE OF 22.92 FEET TO A POINT
ON THE WEST LINE OF AN EXISTING 10 FOOT WIDE EASEMENT AS SHOWN ON
SAID PLAT; THENCE ALONG SAID WEST LINE OF SAID 10 FOOT WIDE EASEMENT,
SOUTH 01 DEGREES 03 MINUTES 45 SECONDS WEST A DISTANCE OF 20.25 FEET TO
THE POINT OF BEGINNING.
Marbendale – Lemp Sanitary Facilities Consolidation (2001139)
Parcel #30
10 FT. WIDE EASEMENT DESCRIPTION
AN EASEMENT BEING PART OF A TRACT OF LAND CONVEYED TO ANDREW B.
AND MARY B. ROBINS BY GENERAL WARRENTY DEED RECORDED IN BOOK 10509,
PAGE 1942 OF THE ST. LOUIS COUNTY RECORDER’S OFFICE. SAID EASEMENT
BEING PART OF LOT 6 IN STATION BEND A SUBDIVISION (PLAT BOOK 326, PAGE
30), CITY OF KIRKWOOD, ST. LOUIS COUNTY, MISSOURI, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A TEN FOOT WIDE EASEMENT NORTH OF, ADJACENT AND PARALLEL TO THE
NORTH LINE OF AN EXISTING 10 FOOT WIDE EASEMENT AS RECORDED IN PLAT
BOOK 326 PAGE 30, BEING NORTH OF, ADJACENT AND PARALLEL TO THE SOUTH
PROPERTY LINE OF SAID LOT 6; BOUNDED ON THE EAST AND WEST BY EXISTING
15 FOOT WIDE EASEMENTS AS RECORDED IN PLAT BOOK 326 PAGE 30.
Marbendale – Lemp Sanitary Facilities Consolidation (2001139)
Parcel #36
15 FT. WIDE EASEMENT DESCRIPTION
AN EASEMENT BEING PART OF A TRACT OF LAND CONVEYED TO THE CITY OF
KIRKWOOD BY DEED RECORDED IN BOOK 1017, PAGE 373 OF THE ST. LOUIS
COUNTY RECORDER’S OFFICE. SAID EASEMENT BEING PART OF LOT 2 OF
FIREMEN’S MEMORIAL PARK (PLAT BOOK 286, PAGE 95), CITY OF KIRKWOOD, ST.
LOUIS COUNTY, MISSOURI.
THE CENTER LINE OF A FIFTEEN FOOT WIDE EASEMENT BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE ALONG THE
SOUTH LINE OF SAID LOT 2, BEING A CURVE TO THE RIGHT HAVING A RADIUS OF
1870.53 FEET AN ARC DISTANCE OF 58.27 FEET WITH A CHORD BEARING OF
NORTH 89 DEGREES 28 MINUTES 54 SECONDS WEST AND A CHORD DISTANCE OF
58.27 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTH LINE
OF LOT 2, NORTH 05 DEGREES 01 MINUTES 15 SECONDS EAST A DISTANCE OF
10.20 FEET TO A POINT; THENCE NORTH 14 DEGREES 35 MINUTES 54 SECONDS
EAST A DISTANCE OF 110.10 FEET TO A POINT; THENCE NORTH 06 DEGREES 17
MINUTES 23 SECONDS EAST A DISTANCE OF 266.80 FEET TO A POINT; THENCE
ALONG A LINE BEING 7.50 FEET WEST OF, ADJACENT AND PARALLEL TO THE
EAST LINE OF SAID LOT 2, NORTH 01 DEGREES 03 MINUTES 47 SECONDS EAST A
DISTANCE OF 347.90 FEET TO THE POINT OF TERMINATION.
20 FT. WIDE EASEMENT DESCRIPTION
ALSO A 20 FOOT WIDE EASEMENT, THE CENTERLINE OF SAID 20 FOOT WIDE
EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE ALONG THE
SOUTH LINE OF SAID LOT 2, BEING A CURVE TO THE RIGHT HAVING A RADIUS OF
1870.53 FEET AN ARC DISTANCE OF 58.27 FEET WITH A CHORD BEARING OF
NORTH 89 DEGREES 28 MINUTES 54 SECONDS WEST AND A CHORD DISTANCE OF
58.27 FEET TO A POINT; THENCE DEPARTING SAID SOUTH LINE OF LOT 2, NORTH
05 DEGREES 01 MINUTES 15 SECONDS EAST A DISTANCE OF 10.20 FEET TO THE
POINT OF BEGINNING; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS
OF 1860.53 FEET WITH AN ARC DISTANCE OF 37.58 FEET WITH A CHORD BEARING
OF SOUTH 89 DEGREES 11 MINUTES 15 SECONDS EAST AND A CHORD DISTANCE
OF 37.57 FEET TO THE POINT OF TERMINATION, SAID POINT OF TERMINATION
BEING ON THE WEST LINE OF AN EASEMENT TO ST. LOUIS METROPOLITAN
SEWER DISTRICT BY DEED RECORDED IN DEED BOOK 10188, PAGE 1445.
10 FT. WIDE EASEMENT DESCRIPTION
ALSO A 10 FOOT WIDE EASEMENT, THE CENTERLINE OF SAID 10 FOOT WIDE
EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE ALONG THE
SOUTH LINE OF SAID LOT 2, BEING A CURVE TO THE RIGHT HAVING A RADIUS OF
1870.53 FEET AN ARC DISTANCE OF 58.27 FEET WITH A CHORD BEARING OF
NORTH 89 DEGREES 28 MINUTES 54 SECONDS WEST AND A CHORD DISTANCE OF
58.27 FEET TO A POINT; THENCE DEPARTING SAID SOUTH LINE OF LOT 2, NORTH
05 DEGREES 01 MINUTES 15 SECONDS EAST A DISTANCE OF 10.20 FEET TO THE
POINT OF BEGINNING; THENCE; NORTH 1 DEGREES 57 MINUTES 36 SECONDS
WEST A DISTANCE OF 137.53 FEET TO A POINT; THENCE NORTH 83 DEGREES 09
MINUTES 51 SECONDS WEST A DISTANCE OF 20.99 FEET TO THE POINT OF
TERMINATION, SAID POINT BEING ON THE WEST LINE OF SAID LOT 2 OF
FIREMEN’S MEMORIAL PARK.
VARIABLE WIDTH PWRE DESCRIPTION #1
ALSO A PERMANENT WORKING ROOM EASEMENT BOUNDED ON THE NORTH BY
THE ABOVE DESCRIBED 10 FOOT WIDE EASEMENT, BOUNDED ON THE EAST BY
THE ABOVE DESCRIBED 15 FOOT WIDE EASEMENT, BOUNDED ON THE SOUTH BY
THE SOUTH LINE OF SAID LOT 2 OF FIREMEN’S MEMORIAL PARK, BOUNDED ON
THE WEST BY THE WEST LINE OF SAID LOT 2.
20 FT. WIDE PWRE DESCRIPTION #2
ALSO A 20 FOOT WIDE PERMANENT WORKING ROOM EASEMENT, BEING NORTH
OF, ADJACENT AND PARALLEL TO THE NORTH LINE OF THE ABOVE DESCRIBED
10 FOOT WIDE EASEMENT; BOUNDED ON THE EAST BY THE ABOVE DESCRIBED 15
FOOT WIDE EASEMENT; BOUNDED ON THE WEST BY THE WEST LINE OF SAID LOT
2 OF FIREMEN’S MEMORIAL PARK.
VARIABLE WIDTH PWRE DESCRIPTION #3
ALSO A PERMANENT WORKING ROOM EASEMENT BOUNDED ON THE WEST BY
THE ABOVE DESCRIBED 15 FOOT WIDE EASEMENT; BOUNDED ON THE SOUTH BY
THE ABOVE DESCRIBED 20 FOOT WIDE EASEMENT AND BY AN EXISTING 20 FOOT
WIDE EASEMENT CONVEYED TO ST. LOUIS METROPOLITAN SEWER DISTRICT BY
DEED RECORDED IN DEED BOOK 10188, PAGE 1445; BOUNDED ON THE EAST BY
THE EAST LINE OF SAID LOT 2 OF FIREMEN’S MEMORIAL PARK AND BY AN
EXISTING 20 FOOT WIDE EASEMENT CONVEYED TO ST. LOUIS METROPOLITAN
SEWER DISTRICT BY DEED RECORDED IN DEED BOOK 10188, PAGE 1445.
Section Two. Counsel for The Metropolitan St. Louis Sewer District be and is
hereby authorized to enter into contracts to acquire by purchase if possible, or to institute and
prosecute an action in condemnation 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 December 8, 2005.