HomeMy Public PortalAbout12654O R D I N A N C E NO. 12654
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 Reinke Sanitary
Relief (SKME-407) (2005064) 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 Fishpot 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 Reinke Sanitary Relief (SKME-407) (2005064) as hereinafter set forth, said
easements and licenses being more particularly described below:
Reinke Sanitary Relief
M.S.D. No. 2005064
Southwestern Bell Telephone Co.
23S530201
Deed Book 3921, Page 167
A 15.00 FOOT WIDE SEWER EASEMENT across Lot 1 of Whitestone Village as recorded
in Plat Book 28 Page 74 of the St. Louis County, Missouri Recorder’s Office, being more
particularly described as follows:
COMMENCING at the northeastern corner of a tract of land conveyed to Southwestern Bell
Telephone Company by deed recorded in Deed Book 3921 Page 167 of the St. Louis County,
Missouri Recorder’s Office; THENCE South 00 degrees 48 minutes 48 seconds West, along the
east line of said tract of land, said east line also being the west right of way line of New Ballwin
Road (variable width) a distance of 23.51 feet to the POINT OF BEGINNING of the centerline
of the herein described 15.00 foot wide Sewer Easement; THENCE South 89 degrees 35 minutes
34 seconds West, along said centerline a distance of 159.71 feet to the POINT OF
TERMINATION of the centerline of the herein described 15.00 foot wide Sewer Easement,
said POINT OF TERMINATION being South 00 degrees 37 minutes 34 seconds West, along
the west line of said tract of land conveyed to Southwestern Bell Telephone Company a distance
of 23.50 feet from the northwest corner of said tract of land.
Also TWO 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 northeastern corner of a tract of land conveyed to Southwestern Bell
Telephone Company by deed recorded in Deed Book 3921 Page 167 of the St. Louis County,
Missouri Recorder’s Office; THENCE South 00 degrees 48 minutes 48 seconds West, along the
east line of said tract of land, said east line also being the west right of way line of New Ballwin
Road (variable width) a distance of 31.01 feet to the POINT OF BEGINNING of the herein
described Temporary Construction License; THENCE South 00 degrees 48 minutes 48 seconds
West, along said west right of way line a distance of 20.00 feet to a point; THENCE South 89
degrees 35 minutes 34 seconds West a distance of 29.57 feet to a point; THENCE along the face
of a building the following seven courses and distances: North 00 degrees 24 minutes 26 seconds
West a distance of 3.70 feet to a point, South 89 degrees 35 minutes 34 seconds West a distance
of 26.50 feet to a point, North 00 degrees 24 minutes 26 seconds West a distance of 9.73 feet to a
point, South 89 degrees 35 minutes 34 seconds West a distance of 59.94 feet to a point, South 00
degrees 24 minutes 26 seconds East a distance of 8.30 feet to a point, South 89 degrees 35
minutes 34 seconds West a distance of 7.42 feet to a point, South 00 degrees 24 minutes 26
seconds East a distance of 5.13 feet to a point; THENCE South 89 degrees 35 minutes 34
seconds West a distance of 36.20 feet to a point; THENCE North 00 degrees 37 minutes 34
seconds East, along the west line of said Lot 1 a distance of 20.00 feet to a point; THENCE
North 89 degrees 35 minutes 34 seconds East, along the south line of above described 15.00
FOOT WIDE SEWER EASEMENT a distance of 159.68 feet to the POINT OF BEGINNING.
Temporary Construction License No. 2
A 5.98 Foot Wide Temporary Construction License being adjacent to the north line of the above
described 15.00 FOOT WIDE SEWER EASEMENT, bounded on the east by the west right of
way line of New Ballwin Road, bounded on the west by the west line of said tract of land
conveyed to Southwestern Bell Telephone Company by deed recorded in Deed Book 3921 Page
167 and bounded on the north by the south line of an existing 10.00 foot wide Easement to
Metropolitan St. Louis Sewer District as recorded in Deed Book 7892 Page 1046 of said
recorder’s office.
TEMPORARY CONSTRUCTION LICENSE NO. 1 and NO. 2 will become null and void upon
completion of the above described sewer construction.
Reinke Sanitary Relief
M.S.D. No. 2005064
Waycliffe Development Corp.
23S530496
Deed Book 11268, Page 2621
A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE across a tract of land
being recorded in Deed Book 11268, Page 2621 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 north
line of the above described tract of land, the said north line also being the south right-of-way line
of Manchester (variable width) Road (State Highway 100), bounded on the east by the west line
of a tract of land deeded to Stern Brothers Partnership in Deed Book 9163, Page 1395 of said St.
Louis County Records, bounded on the west by the east right-of-way line of New Ballwin (90.00
foot wide) Road as widened by Deed Book 8257, Page 1577 of said St. Louis County Records.
TEMPORARY CONSTRUCTION LICENSE will become null and void upon completion of the
above described sewer construction.
Reinke Sanitary Relief
M.S.D. No. 2005064
Francois Property
23S530504
Deed Book 15023, Page 1171
A VARIABLE WIDTH SEWER EASEMENT being part of Lot 1 in FLOWERS
SUBDIVISION as recorded in Plat Book 336, Page 40 of the St. Louis County, Missouri
Recorder’s Office, being more particularly described as follows:
BEGINNING at the northwest corner of said Lot 1, said northwest corner also being the
southwest corner of Lot B in JULEE SUBDIVISION as recorded in Plat Book 140, Page 3 of the
St. Louis County, Missouri Recorder’s Office; THENCE North 89 degrees 35 minutes 34
seconds East along the north line of said Lot 1, said north line also being the south line of the
said Lot B a distance of 9.01 feet to a point; THENCE South 45 degrees 52 minutes 57 seconds
West a distance of 12.68 feet to a point; THENCE North 00 degrees 37 minutes 34 seconds East
along the west line of said Lot 1, said west line also being the east line of a tract of land recorded
in Deed Book 16071, Page 2947 of the St. Louis County, Missouri Recorder’s Office, a distance
of 8.76 feet to the POINT OF BEGINNING.
Also A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE for use during the
construction of any sewer in the above described VARIABLE WIDTH SEWER EASEMENT,
said 20.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE being more
particularly described as follows:
A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE adjacent to the
southeast line of the above described VARIABLE WIDTH SEWER EASEMENT, bounded on
the north by the said north line of Lot 1, said north line also being the said south line of Lot B,
bounded on the west by the said west line Lot 1, said west line also being the said east line of a
tract of land recorded in Deed Book 16071, Page 2947.
TEMPORARY CONSTRUCTION LICENSE 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 June 12, 2008.