HomeMy Public PortalAbout12326O R D I N A N C E NO. 12326 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 sewers and related appurtenances
in the project known as FF-13 Waltz Rd / McKelvey Relief Phase II (89155A) 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 Fee Fee Creek Watershed
wherein live and work numerous people; and
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 licenses in real property for the
construction of sewers and related appurtenances in the project known as FF-13
Waltz Rd / McKelvey Relief Phase II (89155A) as hereinafter set forth, said
easements and licenses being more particularly described below:
FF-13 FEE FEE WALTZ ROAD/MCKELVEY ROAD
SANITARY RELIEF PHASE II
M.S.D. PROJECT NO. 89155A
BILLINGSLEY PROPERTY
13O630032
A 10.00 foot wide PERMANENT SEWER EASEMENT across a tract of land conveyed to C.
Dwight Billingsley and Norma Jean Billingsley, husband and wife, by Deed recorded in Book
11031, Page 834 of the St. Louis County Records, in U.S. Survey 3069, Township 46 North,
Range 5 East, of the City of Maryland Heights, St. Louis County, Missouri and being more
particularly described as follows:
EASEMENT #1
Commencing at a point on the Western right-of-way line of Missouri State Highway I-270 at the
Northeastern corner of a tract of land conveyed to the City of Maryland Heights by Deed
recorded in Book 11573, Page 1220 of the St. Louis County Records, said point also being the
Billingsley’s Southernmost corner; thence Northerly along the said Western right-of-way line
North 10 degrees 09 minutes 53 seconds East 109.95 feet to a point; thence Westerly along the
Northern line of an existing 10.00 foot wide easement to Fee Fee Trunk Sewer, Inc., by deed
recorded in Deed Book 6826, Page 2124, of the St. Louis County Records, North 82 degrees 19
minutes 22 seconds West 57.22 feet to a point; thence Northerly, along the Eastern line of an
existing 5.00 foot wide easement designated as “Easement #1” and conveyed to The
Metropolitan St. Louis Sewer District by deed recorded in Deed Book 15445, Page 2320, of the
St. Louis County Records, North 07 degrees 40 minutes 38 seconds East 5.00 feet to a point;
thence Westerly, along the Northern line of the said existing 5.00 foot wide easement, North 82
degrees 19 minutes 22 seconds West 7.40 feet to the Point of Beginning of the centerline of the
herein described 10.00 foot wide permanent sewer easement; thence North 01 degree 11 minutes
16 seconds West 773.05 feet to a point herein defined as Point “A”; thence North 56 degrees 42
minutes 37 seconds East 241.74 feet to the Point of Termination on the southerly line of an
existing 20.00 foot wide easement to Fee Fee Trunk Sewer as recorded in Deed Book 6826, Page
2124 of the St. Louis County Records.
EASEMENT #2
Beginning at the above described Point “A”; thence North 69 degrees 50 minutes 16 seconds
West 62.46 feet to a point; thence North 22 degrees 59 minutes 04 seconds East 21.33 feet to the
Point of Termination, being on the Northern property line of property conveyed to C. Dwight
Billingsley and Norma Jean Billingsley, husband and wife; excepting therefrom those portions
covered by the existing easement recorded in Deed Book 6826, Page 2124, of said recorder’s
office.
Also, three (3) TEMPORARY CONSTRUCTION LICENSE for use during the construction
of any sewer in the above described permanent sewer easement, said temporary construction
license being more particularly described as follows:
A 20.00 FOOT AND 30.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE NO.1
Commencing at a point on the Western right-of-way line of Missouri State Highway I-270 at the
Northeastern corner of a tract of land conveyed to the City of Maryland Heights by Deed
recorded in Book 11573, Page 1220 of the St. Louis County Records, said point also being the
Billingsley’s Southernmost corner; thence Northerly along the said Western right-of-way line
North 10 degrees 09 minutes 53 seconds East 109.95 feet to a point; thence Westerly along the
Northern line of an existing 10.00 foot wide easement to Fee Fee Trunk Sewer, Inc., by deed
recorded in Deed Book 6826, Page 2124, of the St. Louis County Records, North 82 degrees 19
minutes 22 seconds West 28.42 feet to the Point of Beginning; thence Westerly along the
Northern line of said existing 10.00 foot wide easement North 82 degrees 19 minutes 22 seconds
West 28.80 feet to a point; thence Northerly along the Eastern line of an existing 5.00 foot wide
easement designated “Easement #1” and conveyed to The Metropolitan St. Louis Sewer District
by deed recorded in Deed Book 15445, Page 2320, of the St. Louis County Records, North 07
degrees 40 minutes 38 seconds East 5.00 feet to a point; thence Westerly, along the Northern line
of said existing 5.00 foot wide easement, North 82 degrees 19 minutes 22 seconds West 2.34 feet
to a point on the easterly line of said 10.00 foot wide permanent sewer easement: thence North
01 degree 11 minutes 16 seconds West, along the said easterly line of said 10.00 foot wide
permanent sewer easement, 771.06 feet to a point; thence North 56 degrees 42 minutes 37
seconds East, along the said southerly line of said 10.00 foot wide permanent sewer easement,
266.04 feet to a point on the southerly line of an existing 20.00 foot wide easement to Fee Fee
Trunk Sewer, Inc., as recorded in Deed Book 6826, Page 2124, of the St. Louis County Records;
thence Easterly along the said southerly line North 67 degrees 10 minutes 38 seconds East 30.23
feet to a point on the Western line of property conveyed to St. Louis County by deed recorded in
Deed Book 6993, Page 797, of the St. Louis County Records; thence southerly along the said
Western line, South 00 degrees 30 minutes 22 seconds East 17.26 feet to a point; thence South
56 degrees 42 minutes 37 seconds West 263.56 feet to a point; thence South 01 degree 11
minutes 16 seconds East 776.01 feet to the Point of Beginning.
A 20.00 FOOT AND 30.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE NO.2
Commencing at a point on the Western right-of-way line of Missouri State Highway I-270 at the
Northeastern corner of a tract of land conveyed to the City of Maryland Heights by Deed
recorded in Book 11573, Page 1220 of the St. Louis County Records, said point also being the
Billingsley’s Southernmost corner; thence Northerly along the said Western right-of-way line
North 10 degrees 09 minutes 53 seconds East 109.95 feet to a point; thence Westerly along the
Northern line of an existing 10.00 foot wide easement to Fee Fee Trunk Sewer, Inc., by deed
recorded in Deed Book 6826, Page 2124, of the St. Louis County Records, North 82 degrees 19
minutes 22 seconds West 57.22 feet to a point; thence Northerly, along the Eastern line of an
existing 5.00 foot wide easement designated as “Easement #1” and conveyed to The
Metropolitan St. Louis Sewer District by deed recorded in Deed Book 15445, Page 2320, of the
St. Louis County Records, North 07 degrees 40 minutes 38 seconds East 5.00 feet to a point;
thence Westerly, along the Northern line of the said existing 5.00 foot wide easement, North 82
degrees 19 minutes 22 seconds West 12.46 feet to the Point of Beginning; thence Westerly
along the said Northern line of the 5.00 foot wide easement, North 82 degrees 19 minutes 22
seconds West 15.35 feet to a point; thence Northwesterly along said existing 10.00 foot wide
easement, North 31 degrees 49 minutes 22 seconds West 29.12 feet to a point; thence North 01
degree 11 minutes 16 seconds West 731.69 feet to a point; thence North 69 degrees 50 minutes
16 seconds West 25.75 feet to a point on the Easterly line of said existing 10.00 foot wide
easement; thence Northerly along said Easterly line, North 11 degrees 10 minutes 38 seconds
East 20.25 feet to a point on the Southerly line of said 10.00 foot wide permanent sewer
easement; thence South 69 degrees 50 minutes 16 seconds East, along said 10.00 foot wide
permanent sewer easement, 53.31 feet to a point; thence South 01 degree 11 minutes 16 seconds
East, along the Westerly line of said 10.00 foot wide permanent sewer easement, 768.85 feet to
the Point of Beginning.
A VARIABLE WIDTH TEMPORARY CONSTRUCTION LICENSE NO.3
Commencing at a point on the Western right-of-way line of Missouri State Highway I-270 at the
Northeastern corner of a tract of land conveyed to the City of Maryland Heights by Deed
recorded in Book 11573, Page 1220 of the St. Louis County Records, said point also being the
Billingsley’s Southernmost corner; thence Northerly along the said Western right-of-way line
North 10 degrees 09 minutes 53 seconds East 109.95 feet to a point; thence Westerly along the
Northern line of an existing 10.00 foot wide easement to Fee Fee Trunk Sewer, Inc., by deed
recorded in Deed Book 6826, Page 2124, of the St. Louis County Records, North 82 degrees 19
minutes 22 seconds West 57.22 feet to a point; thence Northerly, along the Eastern line of an
existing 5.00 foot wide easement designated as “Easement #1” and conveyed to The
Metropolitan St. Louis Sewer District by deed recorded in Deed Book 15445, Page 2320, of the
St. Louis County Records, North 07 degrees 40 minutes 38 seconds East 5.00 feet to a point;
thence Westerly, along the Northern line of said existing 5.00 foot wide easement, North 82
degrees 19 minutes 22 seconds West 12.46 feet to a point; thence Westerly along the said
Northern line of the 5.00 foot wide easement, North 82 degrees 19 minutes 22 seconds West
15.35 feet to a point; thence Northwesterly along said existing 10.00 foot wide easement, North
31 degrees 49 minutes 22 seconds West 29.12 feet to a point; thence North 01 degree 11 minutes
16 seconds West 731.69 feet to a point; thence North 69 degrees 50 minutes 16 seconds West
25.75 feet to a point on the Easterly line of said existing 10.00 foot wide easement; thence
Northerly along said Easterly line, North 11 degrees 10 minutes 38 seconds East 30.37 feet to a
point on the Southerly line of said 10.00 foot wide permanent sewer easement, said point also
being the Point of Beginning; thence North 11 degrees 10 minutes 38 seconds East, along the
said Southerly line of a 10.00 foot wide permanent sewer easement, 0.61 feet to a point; thence
Northeasterly along the southerly line of an existing 20.00 foot wide easement to Fee Fee Trunk
Sewer as recorded in Deed Book 6826, Page 2124 of the St. Louis County Records, North 67
degrees 10 minutes 38 minutes East 249.10 feet to a point; thence South 56 degrees 42 minutes
37 seconds West, along the Northwesterly line of said 10.00 foot wide permanent sewer
easement, 212.16 feet to a point; thence North 69 degrees 50 minutes 16 seconds West, along the
Northeasterly line of said 10.00 foot wide permanent sewer easement, 55.79 feet to the Point of
Beginning.
TEMPORARY CONSTRUCTION LICENSE NO. 1, NO. 2 AND NO. 3 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 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 October 12, 2006.