HomeMy Public PortalAbout12753O R D I N A N C E NO. 12753
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 Upper Maline Trunk
Sanitary Relief Phase III Section B (90080B) 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 Upper Maline Trunk Sanitary Relief Phase III Section B (90080B) as
hereinafter set forth, said easements and licenses being more particularly described below:
UPPER MALINE TRUNK SANITARY RELIEF PHASE III
M.S.D. PROJECT NO. 90080
VERSAILLES PARTNERS, LLC PROPERTY
12G420224
A 15.00 FOOT WIDE SEWER EASEMENT being part of a tract of land conveyed to Versailles
Partners, LLC by deed recorded in Deed Book 17450, Page 3956 of the St. Louis County
Recorder’s Office and being part of Lot 4 of the “Owen Chambers Estate” in U.S. Survey 393,
Township 46 North, Range 7 East, St. Louis County, Missouri Recorder’s Office, being more
particularly described as follows:
COMMENCING at the northeastern corner of Lot 2B of Quiktrip Subdivision 616 as recorded in
Plat Book 279, Page 79 of the St. Louis County, Missouri Recorder’s Office, said northeastern
corner also being the northwestern corner of a tract of land to Versailles Partners, LLC as
recorded in Deed Book 17450, Page 3956 of said Recorder’s Office; THENCE North 56 degrees
25 minutes 54 seconds East along the southeastern right-of-way line of Northwinds Estates (130
foot wide) Drive a distance of 45.26 feet to the POINT OF BEGINNING of the centerline of the
herein described 15.00 FOOT WIDE SEWER EASEMENT; THENCE South 33 degrees 06
minutes 04 seconds East a distance of 191.54 feet to the POINT OF TERMINATION of the
herein described 15.00 FOOT WIDE SEWER EASEMENT, said POINT OF TERMINATION
also being on the northwestern line of a 15 foot wide easement to Metropolitan St Louis Sewer
District as recorded in Deed Book 3823, Page 234 of said Recorders Office.
Also TWO (2) TEMPORARY CONSTRUCTION LICENSE for use during the construction of
any sewer in the above described sewer easement, said TEMPORARY CONSTRUCTION
LICENSES being more particularly described as follows:
A 32.50 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE NO. 1
A 32.50 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE adjacent to the northeastern
line of the above described 15.00 FOOT WIDE SEWER EASEMENT, bounded on the
northwest by the said southeastern right-of-way line of Northwinds Estates Drive and bounded
on the southeast by the said northwestern line of a 15 foot wide easement to Metropolitan St
Louis Sewer District.
A 52.50 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE NO. 2
A 52.50 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE adjacent to the
southwestern line of the above described 15.00 FOOT WIDE SEWER EASEMENT, bounded on
the northwest by the said southeastern right-of-way line of Northwinds Estates Drive, bounded
on the west by the east line of said Lot 2B of Quiktrip Subdivision 616 and bounded on the
southeast by the said northwestern line of a 15 foot wide easement to Metropolitan St Louis
Sewer District.
TEMPORARY CONSTRUCTION LICENSE NO. 1 and NO. 2 will become null and void upon
completion of the above described sewer construction.
UPPER MALINE TRUNK SANITARY RELIEF PHASE III
M.S.D. PROJECT NO. 90080
LIPTON PROPERTIES VII, LTD. PROPERTY
12G420572
A 15.00 FOOT WIDE SEWER EASEMENT across a tract of land conveyed to Lipton
Properties VII, Ltd. by deed recorded in Deed Book 7273, Page 2219 of the St. Louis County,
Missouri Recorder’s Office and being part of Kensington a subdivision in U. S. Survey 393 and
Fractional Section 7, Township 46 North, Range 7 East in St. Louis County, Missouri as
recorded in Plat Book 130, Pages 94 and 95 of the St. Louis County, Missouri Recorder’s Office,
being more particularly described as follows:
COMMENCING at the northeast corner of said Kensington, said northeast corner also being the
southeast corner of Lot 22 of Oakmont Townhomes as recorded in Plat Book 212, Page 2 of said
Recorder’s Office; THENCE South 07 degrees 16 minutes 28 seconds East along the east line of
said Kensington a distance of 4.29 feet to the POINT OF BEGINNING of the centerline of the
herein described 15.00 FOOT WIDE SEWER EASEMENT; THENCE North 77 degrees 55
minutes 43 seconds West a distance of 497.54 feet to a point of curvature; THENCE 439.14 feet
along a curve to the left having a radius of 900.00 feet and a chord bearing of South 88 degrees
05 minutes 35 seconds West to the POINT OF TERMINATION of the herein described 15.00
FOOT WIDE SEWER EASEMENT, said POINT OF TERMINATION being on the west line of
said Kensington, said west line also being the east line of a tract of land conveyed to Versailles
Partners, LLC by deed recorded in Deed Book 17450, Page 3956 of the said Recorder’s Office,
said POINT OF TERMINATION also being South 07 degrees 12 minutes 28 seconds East a
distance of 52.44 feet from the northwest corner of said Kensington, said northwest corner also
being the southwest corner of Lot 31 of said Oakmont Townhomes, excepting therefrom those
portions covered by the existing easements recorded in said Kensington.
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:
A 32.50 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE NO. 1
A 32.50 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE adjacent to the north line of
the above described 15.00 FOOT WIDE SEWER EASEMENT, bounded on the east by the
southern line of said Lot 22 of Oakmont Townhomes, bounded on the north by the south lines of
Lots 29 through 31 of said Oakmont Townhomes and bounded on the west by the east line of
said tract of land conveyed to Versailles Partners LLC, excepting therefrom those portions
covered by the existing easements recorded in said Kensington.
A 52.50 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE NO. 2
A 52.50 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE adjacent to the south line
of the above described 15.00 FOOT WIDE SEWER EASEMENT, bounded on the east by the
east line of said Kensington, said east line also being the west line of Tract C of Resubdivision
Of Northwinds Estates as recorded in Plat Book 102, Page 94 and 95 of said Recorder’s Office,
bounded on the west by the west line of said Kensington,
said west line also being the east line of said Versailles Partners LLC and the east line of Lot 9 of
Northland Hills No.2 as recorded in Plat Book 73, Page 16 of said Recorder’s Office, excepting
therefrom those portions covered by the existing easements recorded in said Kensington.
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 October 7, 2008.