HomeMy Public PortalAbout13463ORDINANCE NO. 13463
AN ORDINANCE, declaring the necessity for the acquisition of easements and
temporary easements 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
Topping Sanitary Relief (SKME-421) (10199) to serve the needs of residents of the area, and
authorizing the acquisition of said easements and temporary construction easements 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, in the City of Town and Country, within the Grand Glaize 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 temporary construction easements in real property for the construction
of sewers and related appurtenances in the project known as Topping Sanitary Relief (SKME-
421) (10199) as hereinafter set forth, said easements and temporary easements being more
particularly described below:
Topping Sanitary Relief
M.S.D. Project No. 10199
Parcel #7
A 10.00 FOOT WIDE EASEMENT across Part of Lot 4 in NATHAN RANNELL’S FARM in
Sections 32 and 33, Township 45 North, Range 5 East, St Louis County, Missouri and being
more particularly described as follows:
A 10.00 FOOT WIDE EASEMENT
COMMENCING at the northeast corner of a tract of land conveyed to Terry W. McNabb as
recorded in Deed Book 9107, Page 1700 of the St. Louis County, Missouri Recorders Office,
said northeast corner also being the southeast corner of a tract of land conveyed to Julie A.
McCloskey and Doug McCloskey, Trustees of the Julie A. McCloskey and Doug McCloskey
revocable Inter Vivos Trust as recorded in Deed Book 11443, Page 1137 of said Recorder’s
Office; THENCE North 89 degrees 29 minutes 49 seconds West, along the north line of said
tract of land conveyed to Terry W. McNabb, said north line also being the south line of said tract
of land conveyed to Julie A. McCloskey and Doug McCloskey, Trustees a distance of 82.55 feet
to the POINT OF BEGINNING of the centerline of herein described 10.00 Foot Wide
Easement; THENCE South 36 degrees 34 minutes 10 seconds West, along said centerline a
distance of 181.89 feet to the POINT OF TERMINATION of herein described 10.00 Foot Wide
Easement, said POINT OF TERMINATION also being the center line of an existing easement
recorded in Deed Book 4324, Page 320 of said Recorder’s Office, excepting therefrom those
portions covered by the said existing easement recorded in Deed Book 4324, Page 320.
Also TWO (2) 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENTS for use
during the construction of any sewer in the above described sewer easement, said temporary
construction easements being more particularly described as follows:
A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT NO. 1
COMMENCING at the said northeast corner of a tract of land conveyed to Terry W. McNabb;
THENCE North 89 degrees 29 minutes 49 seconds West, along the said north line, a distance of
88.73 feet to the POINT OF BEGINNING of herein described 20.00 FOOT WIDE
TEMPORARY CONSTRUCTION EASEMENT NO. 1; THENCE South 36 degrees 34 minutes
10 seconds West, along the northwestern line of herein described 10.00 Foot Wide Easement a
distance of 178.25 feet to a point; THENCE North 53 degrees 25 minutes 50 seconds West a
distance of 20.00 feet to a point; THENCE North 36 degrees 34 minutes 10 seconds East a
distance of 163.68 feet to a point; THENCE South 89 degrees 29 minutes 49 seconds East,
along the said north line a distance of 24.74 feet to the POINT OF BEGINNING, excepting
therefrom those portions covered by the existing easement recorded in Deed Book 4324, Page
320 of said Recorder’s Office.
A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT NO. 2
COMMENCING at the said northeast corner of a tract of land conveyed to Terry W. McNabb;
THENCE North 89 degrees 29 minutes 49 seconds West, along the said north line, a distance of
51.62 feet to the POINT OF BEGINNING of herein described 20.00 FOOT WIDE
TEMPORARY CONSTRUCTION EASEMENT NO. 2: THENCE South 36 degrees 34 minutes
10 seconds West a distance of 200.10 feet to a point; THENCE North 53 degrees 25 minutes 50
seconds West a distance of 20.00 feet to a point; THENCE North 36 degrees 34 minutes 10
seconds East, along the southeastern line of herein described 10.00 Foot Wide Easement, a
distance of 185.53 feet to a point; THENCE South 89 degrees 29 minutes 49 seconds East,
along the said north line a distance of 24.74 feet to the POINT OF BEGINNING, excepting
therefrom those portions covered by the existing easement recorded in Deed Book 4324, Page
314 of said Recorder’s Office.
The TWO (2) TWENTY FOOT WIDE TEMPORARY CONSTRUCTION EASEMENTS will
become null and void upon completion of above described construction.
Topping Sanitary Relief
M.S.D. Project No. 10199
Parcel #8
TWO (2) 10.00 FOOT WIDE EASEMENTS across Part of Lots 4 and 7 of NATHAN
RANNELL’S FARM in Sections 28, 29, 32 and 33, Township 45 North, Range 5 East, St Louis
County, Missouri and being more particularly described as follows:
10.00 FOOT WIDE EASEMENT NO. 1
COMMENCING at the northeastern corner of a tract of land conveyed to Julie A. McCloskey
and Doug McCloskey, Trustees of the Julie A. McCloskey and Doug McCloskey revocable Inter
Vivos Trust as recorded in Deed Book 11443, Page 1137 of the St. Louis County, Missouri
Recorders Office said northeastern corner also being the southeastern corner of Lot 120 in
Thornhill Estates Plat 6 as recorded in Plat Book 123, Page 50 of said Recorder’s Office;
THENCE South 00 degrees 32 minutes 48 seconds West along the eastern line of said tract of
land, said eastern line also being the western line of Lot 24 in Thornhill Estates as recorded in
Plat Book 91, Page 38 of said Recorder’s Office a distance of 18.40 feet to the southwestern
corner of said Lot 24; THENCE South 00 degrees 29 minutes 53 seconds West along said
eastern line, said eastern line also being the western line of Lot 7 in Topping Ridge Estates as
recorded in Plat Book 282, Page 30 of said Recorder’s Office, a distance of 83.27 feet to the
POINT OF BEGINNING of the centerline of herein described 10.00 Foot Wide Easement No.
1; THENCE South 36 degrees 34 minutes 10 seconds West, along said centerline a distance of
140.20 feet to the POINT OF TERMINATION of herein described 10.00 Foot Wide Easement
No. 1, said POINT OF TERMINATION also being on the southern line of said tract of land
conveyed to Julie A. McCloskey and Doug McCloskey, said southern line also being the
northern line of a tract of land conveyed to Terry W. McNabb as recorded in Deed Book 9107,
Page 1700 of said Recorder’s Office.
10.00 FOOT WIDE EASEMENT NO. 2
COMMENCING at the said northeastern corner of a tract of land conveyed to Julie A.
McCloskey and Doug McCloskey; THENCE South 00 degrees 32 minutes 48 seconds West
along said eastern line, said eastern line also being the said western line of Lot 24 a distance of
18.40 feet to the said southwestern corner of said Lot 24; THENCE South 00 degrees 29 minutes
53 seconds West along said eastern line, said eastern line also being the said western line of Lot
7, a distance of 23.10 feet to the POINT OF BEGINNING of the centerline of herein described
10.00 Foot Wide Easement No. 2; THENCE North 52 degrees 48 minutes 59 seconds West,
along said centerline a distance of 69.38 feet to the POINT OF TERMINATION of herein
described 10.00 Foot Wide Easement No. 2, said POINT OF TERMINATION also being on the
southern line of Lot 120 in Thornhill Estates Plat 6 as recorded in Plat Book 123, Page 50 of said
Recorder’s Office, excepting therefrom those portions covered by the existing easement recorded
in Deed Book 4324, Page 314 of said Recorder’s Office.
Also THREE (3) TEMPORARY CONSTRUCTION EASEMENTS for use during the
construction of any sewer in the above described sewer easements, said THREE (3)
TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as follows:
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 1
COMMENCING at the said northeastern corner of a tract of land conveyed to Julie A.
McCloskey and Doug McCloskey; THENCE South 00 degrees 32 minutes 48 seconds West
along the eastern line of said tract of land, said eastern line also being the said western line of Lot
24, a distance of 18.40 feet to the said southwestern corner of Lot 24; THENCE South 00
degrees 29 minutes 53 seconds West along said eastern line, said eastern line also being the said
western line of Lot 7, a distance of 29.34 feet to the Point of Beginning of herein described
Temporary Construction Easement No. 1, THENCE South 00 degrees 29 minutes 53 seconds
West along said eastern line a distance of 45.44 feet to a point; THENCE South 36 degrees 34
minutes 10 seconds West along the northwestern line of herein described 10.00 Foot Wide
Easement No. 1 a distance of 150.70 feet to a point; THENCE North 89 degrees 29 minutes 49
seconds West along said southern line a distance of 24.74 feet to a point; THENCE North 36
degrees 34 minutes 10 seconds East a distance of 181.92 feet to a point; THENCE North 52
degrees 48 minutes 59 seconds West a distance of 31.56 feet to a point; THENCE South 37
degrees 11 minutes 01 seconds West a distance of 10.00 feet to a point; THENCE North 52
degrees 48 minutes 59 seconds West a distance of 37.00 feet to a point; THENCE South 37
degrees 11 minutes 01 seconds West a distance of 18.00 feet to a point; THENCE North 52
degrees 48 minutes 59 seconds West a distance of 50.00 feet to a point; THENCE North 37
degrees 11 minutes 01 seconds East a distance of 24.27 feet to a point; THENCE South 89
degrees 33 minutes 41 seconds East along said northern line a distance of 39.67 feet to a point;
THENCE South 52 degrees 48 minutes 59 seconds East along the southwestern line of herein
described 10.00 Foot Wide Easement No. 2 a distance of 79.80 feet to the Point of Beginning,
excepting therefrom those portions covered by the existing easement recorded in Deed Book
4324, Page 314 of said Recorder’s Office.
A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT NO. 2
A 20.00 Foot Wide Temporary Construction Easement No. 2 lying adjacent to the southeastern
line of herein described 10.00 Foot Wide Easement No. 1, bounded on the northeast by the said
western line of Lot 7 in Topping Ridge Estates and bounded on the southwest by the said
northern line of a tract of land conveyed to Terry W. McNabb
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 3
A Variable Width Temporary Construction Easement No. 3 lying adjacent to the northeastern
line of herein described 10.00 Foot Wide Easement No. 2, bounded on the north by the said
southern line of Lot 120 and bounded on the east by the said western line of Lot 24 and said
western line of Lot 7, excepting therefrom those portions covered by the existing easement
recorded in Deed Book 4324, Page 314 of said Recorder’s Office.
The THREE (3) TEMPORARY CONSTRUCTION EASEMENTS will become null and void
upon completion of the above described construction.
Topping Sanitary Relief
M.S.D. Project No. 10199
Parcel #12
A 10.00 FOOT WIDE EASEMENT across Part of Lot 7 in TOPPING RIDGE ESTATES as
recorded in Plat Book 282, Page 30 of St Louis County, Missouri, Recorder’s Office and being
more particularly described as follows:
10.00 FOOT WIDE EASEMENT
COMMENCING at the northwest corner of Lot 7 in Topping Ridge Estates as recorded in Plat
Book 282, Page 30 of said St. Louis County, Missouri Recorders Office, said northwest corner
also being the southwest corner of Lot 24 in THORNHILL ESTATES as recorded in Plat Book
91, Page 38 of said Recorder’s Office; THENCE South 89 degrees 31 minutes 12 seconds East
along the north line of said Lot 7, said north line also being the south line of said Lot 24, a
distance of 54.49 feet to the POINT OF BEGINNING of herein described 10.00 Foot Wide
Easement; THENCE South 89 degrees 31 minutes 12 seconds East, along said north line of Lot
7, a distance of 12.37 feet to a point; THENCE South 36 degrees 34 minutes 10 seconds West a
distance of 113.55 feet to a point; THENCE North 00 degrees 29 minutes 53 seconds East,
along the west line of said Lot 7, said west line also being the east line of a tract of land
conveyed to Julie A. McCloskey and Doug McCloskey Trustees as recorded in Deed Book
11443, Page 1137 of said Recorder’s Office, a distance of 16.98 feet to a point; THENCE North
36 degrees 34 minutes 10 seconds East a distance of 36.44 feet to a point; THENCE North 52
degrees 48 minutes 59 seconds West a distance of 26.76 feet to a point; THENCE North 00
degrees 29 minutes 53 seconds East, along said west line of Lot 7, a distance of 12.47 feet to a
point; THENCE South 52 degrees 48 minutes 59 seconds East a distance of 34.10 feet to a point;
THENCE North 36 degrees 34 minutes 10 seconds East a distance of 46.10 feet to the POINT
OF BEGINNING, excepting therefrom those portions covered by the existing easements
recorded in Plat Book 282, Page 30 of said Recorder’s Office.
Also THREE (3) TEMPORARY CONSTRUCTION EASEMENTS for use during the
construction of any sewer in the above described sewer easement, said THREE (3)
TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as follows:
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 1
A Variable Width Temporary Construction Easement No. 1 lying adjacent to the northeastern
and northwestern lines of herein described 10.00 Foot Wide Easement, bounded on the north by
the said north line of Lot 7 and bounded on the west by the said west line of Lot 7, excepting
therefrom those portions covered by the existing easement recorded in Plat Book 282, Page 30 of
said Recorder’s Office.
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 2
COMMENCING at the said northwest corner of Lot 7; THENCE South 89 degrees 31 minutes
12 seconds East, along the said north line of Lot 7, a distance of 66.86 feet to the POINT OF
BEGINNING of herein described Variable Width Temporary Construction Easement No. 2;
THENCE South 89 degrees 31 minutes 12 seconds East, along said north line of Lot 7, a
distance of 37.12 feet to a point; THENCE South 36 degrees 34 minutes 10 seconds West a
distance of 49.00 feet to a point; THENCE North 53 degrees 02 minutes 37 seconds West a
distance of 10.00 feet to a point; THENCE South 36 degrees 34 minutes 10 seconds West a
distance of 113.95 feet to a point; THENCE North 00 degrees 29 minutes 53 seconds East,
along said west line of Lot 7, a distance of 33.97 feet to a point; THENCE North 36 degrees 34
minutes 10 seconds East a distance of 113.55 feet to the POINT OF BEGINNING, excepting
therefrom those portions covered by the existing easements recorded in Plat Book 282, Page 30
of said Recorder’s Office.
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 3
A Variable Width Temporary Construction Easement No. 3 lying adjacent to the northwestern
and southwestern lines of herein described 10.00 Foot Wide Easement, bounded on the west by
the said west line of Lot 7, excepting therefrom those portions covered by the existing easement
recorded in Plat Book 282, Page 30 of said Recorder’s Office.
The THREE (3) TEMPORARY CONSTRUCTION EASEMENTS will become null and void
upon completion of the above described 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 August 9, 2012.