HomeMy Public PortalAbout12717O R D I N A N C E NO. 12717
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 Orchard Lane to
Geyer Road Sanitary Relief (2004067) 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 Lemay RDP 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 Orchard Lane to Geyer Road Sanitary Relief (2004067) as hereinafter set forth,
said easements and licenses being more particularly described below:
ORCHARD LANE TO GEYER ROAD
SANITARY RELIEF
M.S.D. Project No. 2004067
Gabler Property
25N620068
A variable width TEMPORARY CONSTRUCTION LICENSE across part of Lot 2 in
Ivanhoe Woods, a subdivision recorded in Plat Book 47, Page 22 of the St. Louis County,
Missouri Recorder’s Office, said variable width Temporary Construction License being more
particularly described as follows:
COMMENCING at the intersection of the south line of said Lot 2 in Ivanhoe Woods with the west
Right of Way line of Geyer (50 foot wide) Road; THENCE North 01 degree 26 minutes 18 seconds
East, along said west Right of Way line a distance of 109.03 feet to the POINT OF BEGINNING of
the herein described variable width TEMPORARY CONSTRUCTION LICENSE; THENCE North
89 degrees 44 minutes 38 seconds West a distance of 65.56 feet to a point; THENCE South 28 degrees
58 minutes 02 seconds West a distance of 89.00 feet to a point; THENCE South 00 degree 46 minutes
18 seconds West a distance of 10.00 feet to a point; THENCE South 89 degrees 13 minutes 42 seconds
East a distance of 29.60 feet to a point; THENCE South 01 degree 26 minutes 18 seconds West a
distance of 10.00 feet to a point, said point being on the north line of an existing10.00 foot wide
easement as recorded in said Plat Book 47, Page 22; THENCE North 89 degrees 13 minutes 42 seconds
West, along said north line of an existing 10.00 foot wide easement, a distance of 88.01 feet to a point,
said point being the intersection of the said north line of an existing 10.00 foot wide easement and the
east line of an existing 5.00 foot wide easement as recorded in said Plat Book 47, Page 22; THENCE
North 01 degree 26 minutes 18 seconds East, along said east line a distance of 20.00 feet to a point;
THENCE South 89 degrees 13 minutes 42 seconds East a distance of 24.25 feet to a point; THENCE
North 28 degrees 58 minutes 02 seconds East a distance of 122.85 feet to a point, said point being on
the north line of said Lot 2 in Ivanhoe Woods; THENCE South 89 degrees 44 minutes 38 seconds East,
along said north line of Lot 2 a distance of 83.95 feet to a point, said point also being on the said west
Right of Way line of Geyer Road; THENCE South 01 degree 26 minutes 18 seconds West, along said
west Right of Way line a distance of 30.01 feet to the POINT OF BEGINNING.
The above described Temporary Construction License will become null and void upon completion of the
above described sewer construction.
ORCHARD LANE TO GEYER ROAD
SANITARY RELIEF
M.S.D. Project No. 2004067
Clark Property
25N610070
Two (2) variable width EASEMENTS being part of Lot 5 in Ivanhoe Woods, a subdivision
recorded in Plat Book 47, Page 22 of the St. Louis County, Missouri Recorder’s Office, said
easements being more particularly described as follows:
VARIABLE WIDTH EASEMENT #1
COMMENCING at the southwest corner of said Lot 5 in Ivanhoe Woods; THENCE North 56
degrees 58 minutes 08 seconds East, along the southeast line of said Lot 5 a distance of 12.09
feet to a point, said point also being on the east line of an existing 10.00 foot wide easement as
recorded in said Plat Book 47, Page 22; THENCE North 01 degree 10 minutes 26 seconds East,
along said east line a distance of 306.95 feet to the POINT OF BEGINNING of the herein
described VARIABLE WIDTH EASEMENT #1, said POINT OF BEGINNING also being on
the northeast line of an existing 10.00 foot wide easement as recorded in Deed Book 3172, Page
201 of said Recorder’s Office; THENCE North 01 degree 10 minutes 26 seconds East, along said
east line a distance of 33.51 feet to a point; THENCE South 03 degrees 56 minutes 54 seconds
East a distance of 22.62 feet to a point; THENCE South 39 degrees 58 minutes 21 seconds East a
distance of 186.71 feet to a point, said point also being on the said northeast line of an existing
10.00 foot wide easement; THENCE North 42 degrees 45 minutes 24 seconds West, along said
northeast line a distance of 179.99 feet to the POINT OF BEGINNING.
VARIABLE WIDTH EASEMENT #2
COMMENCING at the southwest corner of said Lot 5 in Ivanhoe Woods; THENCE North 56
degrees 58 minutes 08 seconds East, along the southeast line of said Lot 5 a distance of 175.48
feet to the POINT OF BEGINNING of the herein described VARIABLE WIDTH EASEMENT
#2, said POINT OF BEGINNING also being on the east line of an existing 10.00 foot wide
easement as recorded in Deed Book 3172, Page 201 of said Recorder’s Office; THENCE North
01 degree 13 minutes 24 seconds West, along said east line a distance of 66.91 feet to a point;
THENCE South 21 degrees 56 minutes 55 seconds East a distance of 57.94 feet to a point, said
point also being on the said southeast line of Lot 5; THENCE South 56 degrees 58 minutes 08
seconds West, along said southeast line of Lot 5 a distance of 24.13 feet to the POINT OF
BEGINNING, excepting therefrom those portions covered by the said existing 10.00 foot wide
easement as recorded in Plat Book 47, Page 22.
Also, two (2) TEMPORARY CONSTRUCTION LICENSES for use during the construction of any
sewer in the above described variable width EASEMENT # 1 and # 2 or the existing 10.00 foot wide
easement as recorded in Plat Book 47, Page 22 of said Recorder’s Office and the existing 10.00 foot
wide easement as recorded in Deed Book 3172, Page 201 of said Recorder’s Office, being more
particularly described as follows:
VARIABLE WIDTH TEMPORARY CONSTRUCTION LICENSE #1
COMMENCING at the southwest corner of said Lot 5 in Ivanhoe Woods; THENCE North 56
degrees 58 minutes 08 seconds East, along the southeast line of said Lot 5 a distance of 199.61
feet to the POINT OF BEGINNING of the herein described VARIABLE WIDTH
TEMPORARY CONSTRUCTION LICENSE #1, said POINT OF BEGINNING also being on
the east line of the above described VARIABLE WIDTH EASEMENT #2; THENCE North 21
degrees 56 minutes 55 seconds West, along said east line of above described VARIABLE
WIDTH EASEMENT #2 a distance of 57.94 feet to a point, said point also being on the east line
of an existing 10.00 foot wide easement as recorded in Deed Book 3172, Page 201 of said
Recorder’s Office; THENCE North 01 degree 13 minutes 24 seconds West, along said east line
of an existing 10.00 foot wide easement a distance of 11.39 feet to a point; THENCE North 42
degrees 45 minutes 24 seconds West, along said east line of an existing 10.00 foot wide
easement a distance of 10.06 feet to a point; THENCE North 39 degrees 58 minutes 21 seconds
West, along the east line of the above described VARIABLE WIDTH EASEMENT #1 a
distance of 186.71 feet to a point; THENCE North 03 degrees 56 minutes 54 seconds West,
along the said east line of above described VARIABLE WIDTH EASEMENT #1 a distance of
22.62 feet to a point, said point also being on the east line of an existing 10.00 foot wide
easement as recorded in said Plat Book 47, Page 22; THENCE North 01 degrees 10 minutes 26
seconds East, along said east line of an existing 10.00 foot wide easement a distance of 116.09
feet to a point, said point also being on the south line of an existing 10.00 foot wide easement as
recorded in said Plat Book 47 Page 22; THENCE South 89 degrees 44 minutes 42 seconds East,
along said south line a distance of 20.00 feet to a point; THENCE South 01 degree 10 minutes 26
seconds West a distance of 129.13 feet to a point; THENCE South 39 degrees 58 minutes 21
seconds East a distance of 183.97 feet to a point; THENCE South 21 degrees 56 minutes 55
seconds East a distance of 78.65 feet to a point, said point also being on the southeast line of said
Lot 5; THENCE South 56 degrees 58 minutes 08 seconds West, along said southeast line a
distance of 20.38 feet to the POINT OF BEGINNING, excepting therefrom those portions
covered by the existing 10.00 foot wide easement as recorded in said Plat Book 47, Page 22.
20.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE #2
A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE lying adjacent and parallel to the
west and southwest line of an existing 10.00 foot wide easement as recorded in said Deed Book 3172
Page 201 and bounded on the southeast by the southeast line of said Lot 5 and on the west by the east
line of an existing 10.00 foot wide easement as recorded in said Plat Book 47, Page 22, excepting
therefrom those portions covered by the existing 10.00 foot wide easement as recorded in said Plat Book
47, Page 22.
The above described TEMPORARY CONSTRUCTION LICENSE No. 1 and No. 2 will become null
and void upon completion of the above described sewer construction.
ORCHARD LANE TO GEYER ROAD
SANITARY RELIEF
M.S.D. Project No. 2004067
Dreyfus Property
25N-61-0168
A 20 foot wide TEMPORARY CONSTRUCTION LICENSE #1 and a 10 foot wide
TEMPORARY CONSTRUCTION LICENSE #2 across part of Lot 10 in Windsor Acres, a
subdivision according to the plat thereof recorded in Plat Book 31, Page 35 of the St. Louis
County, Missouri Recorder’s Office, being more particularly described as follows:
20.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE #1
A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE lying adjacent and
parallel to the west line of an existing 10.00 foot wide utility easement as recorded in said
Plat Book 31, Page 35 and bounded on the south by the north line of property conveyed to
Paul and Janice Newhouse as recorded in Deed Book 9852, Page 1490 of said Recorder’s
Office and bounded on the north by the south line of property conveyed to Mark and
Judyth Jackson as recorded in Deed Book 9085, Page 2056 of said Recorder’s Office.
10.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE #2
A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE lying adjacent and parallel
to the south line of an existing sewer easement to the City of Kirkwood as recorded in said Deed
Book 1595, Page 612 of said Recorder’s Office and bounded on the west by the east right of way
line of Orchard (40’w) Lane and bounded on the east by the west line of said existing sewer
easement to the City of Kirkwood as recorded in Deed Book 1595, Page 612.
TEMPORARY CONSTRUCTION LICENSE No. 1 and No. 2 will become null and void upon
completion of the above described sewer construction.
ORCHARD LANE TO GEYER ROAD
SANITARY RELIEF
M.S.D. Project No. 2004067
Jackson Property
25N-61-0180
A 10.00 foot wide EASEMENT across part of Lots 9 & 10 of Windsor Acres, a subdivision
recorded in Plat Book 31, Page 35 of the St. Louis County, Missouri Recorder’s Office, said
easement being more particularly described as follows:
10.00 FOOT WIDE EASEMENT
COMMENCING at the southwest corner of said Lot 9; THENCE North 01 degrees 08 minute
59 seconds East, along the east Right-of-Way line of Orchard (40 feet wide) Lane, a distance of
64.25 feet to a point; THENCE South 89 degrees 45 minutes 00 seconds East, along the north
line of a tract of land conveyed to Mark J. Jackson III and Judyth K. Jackson as recorded in Deed
Book 9085, Page 2056 of said Recorder’s Office, said north line also being the south line of a
tract of land conveyed to Robert Eric Miller as recorded in Deed Book 13673, Page 139 of said
Recorder’s Office, a distance of 307.12 feet to a point; THENCE South 01 degrees 15 minutes
30 seconds West, along the west line of an existing 10.00 foot wide easement as recorded in Plat
Book 31, Page 35 of said Recorder’s Office, a distance of 35.30 feet to the POINT OF
BEGINNING of the herein described 10.00 foot wide easement; THENCE South 01 degrees 15
minutes 30 seconds West a distance of 10.00 feet to a point; THENCE South 89 degrees 57
minutes 31 seconds West a distance of 65.78 feet to a point, said point also being on the east line
of an existing 10.00 foot wide easement as recorded in Deed Book 1583, Page 273 of said
Recorder’s Office; THENCE North 11 degrees 02 minutes 01 seconds West, along said east line
of an existing 10.00 foot wide easement, a distance of 10.19 feet to a point; THENCE North 89
degrees 57 minutes 31 seconds East a distance of 67.95 feet to the POINT OF BEGINNING.
Also, two VARIABLE WIDTH TEMPORARY CONSTRUCTION LICENSES for use
during the construction of any sewer in the above described sewer easements, said temporary
construction licenses being more particularly described as follows:
VARIBLE WIDTH TEMPORARY CONSTRUCTION LICENSE #1
A VARIBLE WIDTH TEMPORARY CONSTRUCTION LICENSE being adjacent to the west
line of an existing 10.00 foot wide easement as recorded in Plat Book 31, Page 35 of said
Recorder’s Office, bounded on the west by the east line of an existing 10.00 foot wide easement
as recorded in Deed Book 1583, Page 273 of said Recorder’s Office, bounded on the north by the
north line of a tract of land conveyed to Mark J. Jackson III and Judyth K. Jackson as recorded in
Deed Book 9085, Page 2056 of said Recorder’s Office, said north line also being the south line
of a tract of land conveyed to Robert Eric Miller as recorded in Deed Book 13673, Page 139 of
said Recorder’s Office, bounded on the south by the south line of a tract of land conveyed to
Mark J. Jackson III and Judyth K. Jackson as recorded in Deed Book 9085, Page 2056 of said
Recorder’s Office, said south line also being the north line of a tract of land conveyed to Daniel
L. Dreyfus and Denise Maue Dreyfus as recorded in Deed Book 8787, Page 1189 of said
Recorder’s Office. EXCEPTING THEREFROM: That portion of the above described 10.00 foot
wide easement.
VARIABLE WIDTH TEMPORARY CONSTRUCTION LICENSE #2
COMMENCING at the southwest corner of said Lot 9; THENCE South 01 degrees 08 minute
59 seconds West, along the east Right-of-Way line of Orchard (40 feet wide) Lane, a distance of
20.75 feet to the POINT OF BEGINNING of the herein described Variable Width Temporary
Construction License #2; THENCE South 89 degrees 45 minutes 01 seconds East a distance of
85.01 feet to a point; THENCE North 01 degree 08 minutes 59 seconds East a distance of 10.00
feet to a point; THENCE South 89 degrees 45 minutes 01 seconds East a distance of 131.97 feet
to a point; THENCE North 11 degrees 02 minutes 01 seconds West a distance of 46.34 feet to a
point; THENCE North 29 degrees 38 minutes 29 seconds East a distance of 15.81 feet to a point;
THENCE North 89 degrees 57 minutes 31 seconds East a distance of 23.02 feet to a point, said
point being on the west line of said existing 10.00 foot wide easement as recorded in Deed Book
1583, Page 273 of said Recorder’s Office; THENCE South 29 degrees 38 minutes 29 seconds
West, along the said west line, a distance of 19.80 feet to a point; THENCE South 11 degrees 02
minutes 01 seconds East, along said west line, a distance of 63.31 feet to a point, said point being
the intersection of the said west line and the north line of an existing 5.00 foot wide easement as
recorded in said Deed Book 1583, Page 273 of Recorder’s Office ; THENCE North 89 degrees
45 minutes 01 seconds West a distance of 241.68 feet to a point, said point being on the said east
Right-of-Way of Orchard Lane; THENCE North 01 degrees 08 minutes 59 seconds East, along
said east Right-of-Way, a distance of 10.00 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.
The foregoing Ordinance was adopted August 14, 2008.