HomeMy Public PortalAbout12430O R D I N A N C E NO. 12430
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 Spring Garden –
Banff to Riverview Sanitary Relief (2003037) 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 Maline 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 Spring Garden – Banff to Riverview Sanitary Relief
(2003037) as hereinafter set forth, said easements and licenses being more particularly described
below:
Spring Garden – Banff to Riverview Sanitary Relief
M.S.D. Project No. 2003037
White Property
11D-13-0712
A 20.00 foot wide TEMPORARY CONSTRUCTION LICENSE across Lot A of Glasgow
Village Unit No. One, a subdivision according to the plat thereof recorded in Plat Book 48,
Pages 44 & 45 of the St. Louis County, Missouri Recorder’s Office, being more particularly
described as follows:
A 20.00 foot wide TEMPORARY CONSTRUCTION LICENSE adjacent to the northeast line
of an existing 20.00 foot wide easement abutting the southwest line of said Lot A as recorded in
said plat, bounded on the southeast by the northwest right-of-way line of Spring Garden
(60’wide) Road and bounded on the north by the south line of an existing 5.00 foot wide
easement as recorded in said plat, excepting therefrom those portions covered by the existing
easement recorded in Deed Book 7298, Page 1004 of said recorder’s office.
TEMPORARY CONSTUCTION LICENSE will become null and void upon completion of the
above described sewer construction.
Spring Garden – Banff to Riverview Sanitary Relief
M.S.D. Project No. 2003037
Glasgow Village & Glasgow Woods Trustees Property
11D-41-0043
Three (3) SEWER EASEMENTS across the Park Area of Glasgow Village Unit No. One, a
subdivision according to the plat thereof recorded in Plat Book 48, Pages 44 & 45 of the St.
Louis County, Missouri Recorder’s Office, being more particularly described as follows:
SEWER EASEMENT NO. 1
COMMENCING at the northeast corner of said Park Area, said corner also being the southeast
corner of Lot 42 in Block 2 of said plat; THENCE South 08 degrees 48 minutes 27 seconds
West, along the east line of said Park Area a distance of 80.18 feet to a point, said point also
being the northwest corner of Lot 30 of said block and plat; THENCE South 06 degrees 50
minutes 03 seconds East, along said east line of Park Area a distance of 27.39 feet to a point;
THENCE South 83 degrees 09 minutes 57 seconds West, a distance of 30.00 feet to the POINT
OF BEGINNING; THENCE South 06 degrees 50 minutes 03 seconds East, along the west line
of an existing 30.00 foot wide easement as recorded in said plat a distance of 26.64 feet to a
point; THENCE North 36 degrees 07 minutes 51 seconds West, along the northeast line of an
existing 20.00 foot wide easement as recorded in Book 6451, Page 714 of said recorder’s office
a distance of 13.77 feet to a point; THENCE North 17 degrees 53 minutes 29 seconds East, along
the southeast line of said existing 20.00 foot wide easement a distance of 16.11 feet to the
POINT OF BEGINNING.
SEWER EASEMENT NO. 2
COMMENCING at the northeast corner of said Park Area, said corner also being the southeast
corner of Lot 42 in Block 2 of said plat; THENCE North 88 degrees 42 minutes 33 seconds
West, along the north line of said Park Area a distance of 216.58 feet to a point, said point also
being the southwest corner of Lot 44 of said Block and Plat; THENCE North 88 degrees 16
minutes 33 seconds West, along said north line a distance of 25.11 feet to a point; THENCE
South 01 degrees 43 minutes 27 seconds West a distance of 30.00 feet to the POINT OF
BEGINNING, said point of beginning being on the south line of an existing 30.00 foot wide
easement as recorded in the said plat; THENCE South 88 degrees 16 minutes 33 seconds East,
along said south line a distance of 25.22 feet to a point; THENCE South 88 degrees 42 minutes
33 seconds West, along said south line a distance of 11.05 feet to a point; THENCE South 63
degrees 58 minutes 39 seconds East a distance of 167.05 feet to a point, said point being on the
west line of an existing 20.00 foot wide easement as recorded in Deed Book 6541, Page 714 of
the said recorder’s office; THENCE South 17 degrees 53 minutes 29 seconds West, along said
west line a distance of 15.15 feet to an angle point of said 20.00 foot wide easement; THENCE
North 63 degrees 58 minutes 39 seconds West, along the northeast line of said existing 20.00
foot wide easement a distance of 202.21 feet to the POINT OF BEGINNING.
SEWER EASEMENT NO. 3
BEGINNING at the western corner of Lot 52 in Block 2 of said plat; THENCE South 38
degrees 27 minutes 18 seconds East, along the southwest line of said lot a distance of 99.60 feet
to a point; THENCE South 31 degrees 39 minutes 03 seconds East, along the southwest line of
Lots 51 and 50 a distance of 102.00 feet to a point; THENCE North 75 degrees 40 minutes 32
seconds West a distance of 35.98 feet to a point, said point being the northeast corner of Lot 1 in
Block 8 of Glasgow Village Unit No. Two, a subdivision according to the plat thereof recorded
in Plat Book 50, Pages 22 & 23 of the said recorder’s office; THENCE North 57 degrees 45
minutes 33 seconds West, along the northeast line of said Lot 1 a distance of 10.08 feet to a
point; THENCE North 32 degrees 15 minutes 30 seconds West a distance of 159.18 feet to a
point, said point being on the southeast right-of-way line of Cameron (60’wide) Road; THENCE
20.49 feet along said southeast right-of-way line, said southeast right-of-way line being a curve
to the right, having a radius of 788.55 feet and a chord bearing of North 38 degrees 57 minutes
32 seconds East to the POINT OF BEGINNING.
Also, three (3) TEMPORARY CONSTRUCTION LICENSE for use during the construction
of any sewer in the above described sewer easement, said temporary construction license being
more particularly described as follows:
A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE NO. 1
COMMENCING at the northeast corner of said Park Area, said corner also being the southeast
corner of Lot 42 in Block 2 of said plat; THENCE North 88 degrees 42 minutes 33 seconds
West, along the north line of said Park Area a distance of 157.84 feet to a point; THENCE South
01 degrees 17 minutes 27 seconds West a distance of 30.00 feet to the POINT OF
BEGINNING, said point of beginning being on the south line of an existing 30.00 foot wide
easement as recorded in the said plat; THENCE South 63 degrees 58 minutes 39 seconds East a
distance of 120.77 feet to a point, said point being on the west line of an existing 20.00 foot wide
easement as recorded in Deed Book 6541, Page 714 of the said recorder’s office; THENCE
South 17 degrees 53 minutes 29 seconds West, along said west line a distance of 20.20 feet to a
point; THENCE North 63 degrees 58 minutes 39 seconds West, along the northeast line of the
above described Easement #2 a distance of 167.05 feet to a point; THENCE South 88 degrees 42
minutes 33 seconds East, along the said south line of an existing 30.00 foot wide easement a
distance of 47.80 feet to the POINT OF BEGINNING.
A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE NO. 2
COMMENCING at the northeast corner of said Park Area, said corner also being the southeast
corner of Lot 42 in Block 2 of said plat; THENCE North 88 degrees 42 minutes 33 seconds
West, along the north line of said Park Area a distance of 216.58 feet to a point, said point also
being the southwest corner of Lot 44 of said Block and Plat; THENCE North 88 degrees 16
minutes 33 seconds West, along said north line a distance of 51.56 feet to a point; THENCE
South 01 degrees 43 minutes 27 seconds West a distance of 40.00 feet to the POINT OF
BEGINNING of the centerline of the herein described 20.00 foot wide TEMPORARY
CONSTRUCTION LICENSE NO. 2, said point of beginning also being on the southwest line of
an existing 20.00 foot wide easement as recorded in Deed Book 6541, Page 714 of said
recorder’s office; THENCE North 88 degrees 16 minutes 33 seconds West a distance of 127.61
feet to a point; THENCE North 69 degrees 32 minutes 03 seconds West a distance of 69.82 feet
to the POINT OF TERMINATION, said Point of Termination being on the east line of an
existing 20.00 foot wide easement as recorded in Deed Book 6442, Page 201 of said recorder’s
office, said 20.00 foot wide TEMPORARY CONSTRUCTION LICENSE NO. 2 being adjacent
to the said south line of an existing 30.00 foot wide easement as recorded in the said plat.
A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE NO. 3
A 20.00 foot wide temporary construction license adjacent to the southwest line of the above
described sewer easement #3, bounded on the northwest by the said southeast right-of-way line
of Cameron (60’wide) Road and bounded on the southeast by the northeast line of said Lot 1 in
Block 8 of Glasgow Village Unit No. Two, a subdivision according to the plat thereof recorded
in Plat Book 50, Pages 22 & 23 of the said recorder’s office.
TEMPORARY CONSTRUCTION LICENSE NO. 1, No. 2 and No. 3 will become null and void
upon completion of the above described sewer construction.
Spring Garden – Banff to Riverview Sanitary Relief
M.S.D. Project No. 2003037
Casa Group, LC Property
11D-41-0506
A SEWER EASEMENT across Lot 1 in Block 6 of Glasgow Village Unit No. One, a
subdivision according to the plat thereof recorded in Plat Book 48, Pages 44 & 45 of the St.
Louis County, Missouri Recorder’s Office, being more particularly described as follows:
COMMENCING at the southern corner of said Lot 1; THENCE North 42 degrees 20 minutes
48 seconds West, along the southwest line of said Lot 1 a distance of 45.60 feet to the POINT
OF BEGINNING; THENCE North 42 degrees 20 minutes 48 seconds West, along the said
southwest line a distance of 43.00 feet to a point, said point being the western corner of said Lot
1; THENCE North 47 degrees 43 minutes 27 seconds East, along the northwest line of said Lot 1
a distance of 12.60 feet to a point; THENCE South 26 degrees 00 minutes 34 seconds East a
distance of 44.79 feet to the POINT OF BEGINNING, excepting therefrom those portions
covered by the existing easement in Plat Book 48, Pages 44 & 45 of said recorder’s office.
Also a 20.00 foot wide TEMPORARY CONSTRUCTION LICENSE for use during the
construction of any sewer in the above described sewer easement, said TEMPORARY
CONSTRUCTION LICENSE being more particularly described as follows:
COMMENCING at the southern corner of said Lot 1; THENCE North 42 degrees 20 minutes
48 seconds West, along the southwest line of said Lot 1 a distance of 10.22 feet to the POINT
OF BEGINNING of the centerline of herein described 20.00 foot wide TEMPORARY
CONSTRUCTION LICENSE; THENCE North 26 degrees 00 minutes 34 seconds West a
distance of 81.64 feet to the POINT OF TERMINATION of the centerline of said 20.00 foot
wide TEMPORARY CONSTRUCTION LICENSE, said point also being North 47 degrees 43
minutes 27 seconds East along the northwest line of said Lot 1 a distance of 22.96 feet, excepting
therefrom those portions covered by the existing easement in Plat Book 48, Pages 44 & 45 of
said recorder’s office.
TEMPORARY CONSTRUCTION LICENSE will become null and void upon completion of the
above described sewer construction.
Spring Garden – Banff to Riverview Sanitary Relief
M.S.D. Project No. 2003037
Strassburger Property
11D-41-0900
A 20.00 foot wide TEMPORARY CONSTRUCTION LICENSE across Lot 65 in Block 11 of
Glasgow Village Unit No. Four, a subdivision according to the plat thereof recorded in Plat
Book 54, Pages 12 & 13 of the St. Louis County, Missouri Recorder’s Office, being more
particularly described as follows:
A 20.00 foot wide TEMPORARY CONSTRUCTION LICENSE adjacent to the east line of
an existing 25.00 foot wide EASEMENT as recorded in said Plat, bounded on the north by the
north line of said Lot 65 and bounded on the south by the south line of said Lot 65.
TEMPORARY CONSTRUCTION LICENSE will become null and void upon completion of the
above described sewer construction.
Spring Garden – Banff to Riverview Sanitary Relief
M.S.D. Project No. 2003037
Bank of New York Trust Company Property
11D-41-1055
A 10.00 foot wide SEWER EASEMENT across Lot 67 in Block 11 of Glasgow Village Unit
No. Four, a subdivision according to the plat thereof recorded in Plat Book 54, Pages 12 & 13 of
the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows:
COMMENCING at the northwest corner of said Lot 67; THENCE South 86 degrees 40 minutes
56 seconds East, along the north line of said Lot 67 a distance of 25.10 feet to the POINT OF
BEGINNING; THENCE South 86 degrees 40 minutes 56 seconds East, along the north line of
said Lot 67 a distance of 10.04 feet to a point; THENCE South 08 degrees 26 minutes 27
seconds West a distance of 45.92 feet to a point; THENCE North 56 degrees 56 minutes 46
seconds West, along the southwestern line of said Lot 67 a distance of 11.00 feet to a point, said
point being the intersection of said southwestern line of Lot 67 and the east line of a 25.00 foot
wide easement as recorded in said plat; THENCE North 08 degrees 26 minutes 27 seconds East,
along the said east line a distance of 40.44 feet to the POINT OF BEGINNING; excepting
therefrom those portions covered by the existing easement recorded in Plat Book 54, Pages 12 &
13 of said recorder’s office.
Also a 10.00 foot wide TEMPORARY CONSTRUCTION LICENSE for use during the
construction of any sewer in the above described sewer easement, said TEMPORARY
CONSTRUCTION LICENSE being more particularly described as follows:
COMMENCING at the northwest corner of said Lot 67; THENCE South 86 degrees 40 minutes
56 seconds East, along the north line of said Lot 67 a distance of 35.14 feet to the POINT OF
BEGINNING; THENCE South 86 degrees 40 minutes 56 seconds East, along the north line of
said Lot 67 a distance of 10.04 feet to a point; THENCE South 08 degrees 26 minutes 27
seconds West a distance of 51.40 feet to a point; THENCE North 56 degrees 56 minutes 46
seconds West, along the southwestern line of said Lot 67 a distance of 11.00 feet to a point, said
point being the intersection of the said southwestern line of Lot 67 and the east line of the
aforementioned 10.00 foot wide Sewer Easement; THENCE North 08 degrees 26 minutes 27
seconds East, along the said east line a distance of 45.92 feet to the POINT OF BEGINNING;
excepting therefrom those portions covered by the existing easement recorded in Plat Book 54,
Pages 12 & 13 of said recorder’s office.
TEMPORARY CONSTRUCTION LICENSE will become null and void upon completion of the
above described sewer construction.
Spring Garden – Banff to Riverview Sanitary Relief
M.S.D. Project No. 2003037
Glasgow Village & Glasgow Woods Trustee Property
11E-62-1871
A SEWER EASEMENT across the Park Area of Glasgow Village Unit No. Four, a
subdivision according to the plat thereof recorded in Plat Book 54, Pages 12 & 13 of the St.
Louis County, Missouri Recorder’s Office, being more particularly described as follows:
COMMENCING at the western corner of said Park Area, said corner also being the southwest
corner of Lot 94 of above mentioned plat; THENCE South 64 degrees 57 minutes 33 seconds
East, along the southwest line of said Park Area a distance of 23.53 feet to a point, said point also
being the northern corner of Lot 25 of Block 11 in Glasgow Village Unit No. Three of Plat
Book 52, Pages 42 & 43 of said Recorder’s Office; THENCE North 42 degrees 18 minutes 21
seconds East a distance of 10.47 feet to the POINT OF BEGINNING, said POINT OF
BEGINNING also being the intersection of the northeast line of a variable width easement and
the south line of a 10.00 foot wide easement of said Glasgow Village Unit No. Four plat;
THENCE North 73 degrees 53 minutes 27 seconds East, along said south line a distance of 8.28
feet to a point; THENCE South 36 degrees 23 minutes 20 seconds East a distance of 11.40 feet
to a point, said point being on said northeast line; THENCE North 64 degrees 57 minutes 33
seconds West, along said northeast line a distance of 16.25 feet to the POINT OF
BEGINNING.
Also, a TEMPORARY CONSTRUCTION LICENSE for use during the construction of any
sewer in the above described sewer easement, said TEMPORARY CONSTRUCTION
LICENSE being more particularly described as follows:
COMMENCING at the western corner of said Park Area, said corner also being the southwest
corner of Lot 94 of above mentioned plat; THENCE South 64 degrees 57 minutes 33 seconds
East, along the southwest line of said Park Area a distance of 23.53 feet to a point, said point also
being the northern corner of Lot 25 of Block 11 in Glasgow Village Unit No. Three of Plat
Book 52, Pages 42 & 43 of said Recorder’s Office; THENCE North 42 degrees 18 minutes 21
seconds East a distance of 10.47 feet to a point, said point also being the intersection of the
northeast line of a variable width easement and the south line of a 10.00 foot wide easement, of
said Glasgow Village Unit No. Four; THENCE North 73 degrees 53 minutes 27 seconds East,
along said south line a distance of 8.28 feet to the POINT OF BEGINNING; THENCE North
73 degrees 53 minutes 27 seconds East, along said south line a distance of 21.32 feet to a point;
THENCE South 36 degrees 23 minutes 20 seconds East a distance of 60.47 feet to a point, said
point being on the northeast line of a 25.00 foot wide easement as recorded in said plat;
THENCE North 46 degrees 48 minutes 03 seconds West, along said northeast line of a 25.00
foot wide easement of said plat a distance of 30.28 feet to a point, said point being the
intersection of said northeast line of said 25.00 foot wide easement and the said northeast line of
a variable width easement; THENCE North 64 degrees 57 minutes 33 seconds West, along the
said northeast line of a variable width easement a distance of 30.38 feet to a point; THENCE
North 36 degrees 23 minutes 20 seconds West, along the east line of the aforementioned SEWER
EASEMENT a distance of 11.40 feet to the POINT OF BEGINNING.
TEMPORARY CONSTRUCTION LICENSE will become null and void upon completion of the
above described sewer construction.
Spring Garden – Banff to Riverview Sanitary Relief
M.S.D. Project No. 2003037
Richey Property
11E-64-0535
A 1.00 foot wide SEWER EASEMENT across Lot 83 in Block 11 of Glasgow Village Unit
No. Four, a subdivision according to the plat thereof recorded in Plat Book 54, Pages 12 & 13 of
the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows:
COMMENCING at the southwest corner of said Lot 83; THENCE South 69 degrees 48 minutes
03 seconds East, along the south line of said Lot 83 a distance of 5.10 feet to a point; THENCE
North 08 degrees 59 minutes 42 seconds East a distance of 5.10 feet to the POINT OF
BEGINNING, said POINT OF BEGINNING also being the point of intersection of the north
line of an existing 5.00 foot wide easement and the east line of an existing 5.00 foot wide
easement as recorded in said plat; THENCE North 08 degrees 59 minutes 42 seconds East, along
said east line a distance of 78.88 feet to an angle point; THENCE North 27 degrees 25 minutes
26 seconds East, along said east line a distance of 3.16 feet to a point; THENCE South 08
degrees 59 minutes 42 seconds West a distance of 82.08 feet to a point on the said north line;
THENCE North 69 degrees 48 minutes 03 seconds West, along said north line a distance of 1.02
feet to the POINT OF BEGINNING.
Also, two (2) TEMPORARY CONSTRUCTION LICENSE for use during the construction of
any sewer in the above described sewer easement, said TEMPORARY CONSTRUCTION
LICENSE being more particularly described as follows:
TEMPORARY CONSTRUCTION LICENSE NO. 1
COMMENCING at the northwest corner of said Lot 83; THENCE 14.97 feet along the south
right-of-way line of Midlothian (50 foot wide) Road, along a curve to the right having a radius of
1217.55 feet and a chord bearing of South 80 degrees 39 minutes 16 seconds East to the POINT
OF BEGINNING of the herein described Temporary Construction License No. 1; THENCE
1.03 feet along a curve to the right, said curve to the right also being the said south right-of-way
line, having a radius of 1217.55 feet and a chord bearing of South 80 degrees 16 minutes 40
seconds East to a point; THENCE South 08 degrees 59 minutes 42 seconds West a distance of
29.90 feet to a point; THENCE North 81 degrees 00 minutes 18 seconds West a distance of
10.00 feet to a point on the east line of above described 1.00 foot wide Sewer Easement;
THENCE North 08 degrees 59 minutes 42 seconds East, along said east line, a distance of 2.99
feet to the point of intersection of said east line of above described 1.00 foot wide Sewer
Easement and the east line of an existing variable width easement as recorded in said plat;
THENCE North 27 degrees 25 minutes 26 seconds East, along said east line of an existing
variable width easement a distance of 28.37 feet to the POINT OF BEGINNING.
TEMPORARY CONSTRUCTION LICENSE NO. 2
COMMENCING at the southwest corner of said Lot 83; THENCE South 69 degrees 48 minutes
03 seconds East, along the south line of said Lot 83 a distance of 6.12 feet to a point; THENCE
North 08 degrees 59 minutes 42 seconds East a distance of 5.10 feet to the POINT OF
BEGINNING, said POINT OF BEGINNING also being the point of intersection of the north
line of an existing 5.00 foot wide easement and the east line of the herein described 1.00 foot
wide Sewer Easement; THENCE North 08 degrees 59 minutes 42 seconds East, along said east
line a distance of 44.90 feet to a point; THENCE South 81 degrees 00 minutes 18 seconds East a
distance of 10.00 feet to a point; THENCE South 08 degrees 59 minutes 42 seconds West a
distance of 46.88 feet to a point on the north line of an existing 5.00 foot wide easement as
recorded in said plat; THENCE North 69 degrees 48 minutes 03 seconds West, along said north
line a distance of 10.19 feet to the POINT OF BEGINNING.
TEMPORARY CONSTRUCTION LICENSE NO. 1 and No. 2 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 May 10, 2007