HomeMy Public PortalAbout13639ORDINANCE NO. 13639
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
Forestwood Sanitary Relief (SKME-435) - 10142 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 within the Mattese 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 Forestwood Sanitary Relief (SKME-
435) - 10142 as hereinafter set forth, said easements and temporary easements being more
particularly described below:
Parcel 7.1
Two (2) 15.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENTS across part of
Lot 155 of River Oaks Plat 6 as recorded in Plat Book 147, Page 39 of the St. Louis County,
Missouri Recorder’s Office and being more particularly described as follows:
A 15.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #1
COMMENCING at the said southwestern corner of Lot 155; THENCE North 10 degrees 39
minutes 44 seconds East along the said western line of Lot 155 a distance of 103.40 feet to the
Point of Beginning of herein described 15.00 Foot Wide Temporary Construction Easement #1;
THENCE North 10 degrees 39 minutes 44 seconds East along the said western line a distance of
19.59 feet to a point; THENCE North 60 degrees 38 minutes 52 seconds East a distance of 42.01
feet to a point; THENCE South 29 degrees 21 minutes 08 seconds East a distance of 15.00 feet
to a point; THENCE South 60 degrees 38 minutes 52 seconds West along the northwestern line
of said existing 20.00 foot wide easement a distance of 54.60 feet to the Point of Beginning,
excepting therefrom those portions covered by the said existing 5.00 foot wide easement.
A 15.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #2
COMMENCING at the southwestern corner of said Lot 155, said southwestern corner being the
southeastern corner of Lot 156 of said River Oaks Plat 6 and also being on the northern line of
the Common Area of Heatherwood Plat 1 as recorded in Plat Book 178, Pages 40 and 41 of said
Recorder’s Office; THENCE North 10 degrees 39 minutes 44 seconds East along the western
line of said Lot 155, said western line also being the eastern line of said Lot 156 a distance of
57.70 feet to the Point of Beginning of herein described 15.00 Foot Wide Temporary
Construction Easement #2; THENCE North 10 degrees 39 minutes 44 seconds East along the
said western line a distance of 19.59 feet to a point; THENCE North 60 degrees 38 minutes 52
seconds East along the southeastern line of an existing 20.00 foot wide easement as recorded in
said Plat Book 147, Page 39 a distance of 71.40 feet to a point; THENCE South 29 degrees 21
minutes 08 seconds East a distance of 15.00 feet to a point; THENCE South 60 degrees 38
minutes 52 seconds West a distance of 83.99 feet to the Point of Beginning, excepting therefrom
those portions covered by the existing 5.00 foot wide easement as recorded in said Plat Book
147, Page 39 .
The two (2) 15.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENTS will become
null and void upon completion of the Forestwood Sanitary Relief (SKME-435) construction
project.
Parcel 18
A VARIABLE WIDTH EASEMENT across the northern Common Land of Forestwood Estates
Plat No. 1 as recorded in Plat Book 113, Pages 88 and 89 of the St. Louis County, Missouri
Recorder’s Office and being more particularly described as follows:
A VARIABLE WIDTH EASEMENT
COMMENCING at the northwest corner of said Common Land, said northwest corner also
being the northeast corner of Common Land of Forestwood Estates Plat Two as recorded in Plat
Book 125, Page 94 of said Recorder’s Office; THENCE South 88 degrees 57 minutes 30 seconds
East along the north line of said Common Land of Forestwood Estates Plat No. 1, said north line
being the south line of Winchester Place as recorded in Plat Book 353, Pages 1028, 1029 and
1030 of said Recorder’s Office a distance of 423.97 feet to the Point of Beginning of herein
described Variable Width Easement; THENCE South 88 degrees 57 minutes 30 seconds East
along the said north line of the northern Common Land a distance of 16.11 feet to a point;
THENCE South 52 degrees 39 minutes 59 seconds West a distance of 123.81 feet to a point;
THENCE North 90 degrees 00 minutes 00 seconds West a distance of 60.03 feet to a point;
THENCE South 38 degrees 22 minutes 32 seconds East a distance of 29.57 feet to a point;
THENCE South 51 degrees 37 minutes 28 seconds West a distance of 35.18 feet to a point;
THENCE South 38 degrees 22 minutes 32 seconds East a distance of 129.98 feet to a point of
curvature; THENCE 28.35 feet along a curve to the left having a radius of 36.50 feet and a chord
bearing of South 60 degrees 37 minutes 38 seconds East to a point; THENCE South 82 degrees
52 minutes 43 seconds East a distance of 88.41 feet to a point of curvature; THENCE 16.21 feet
along a curve to the left, said curve to the left being the western right of way line of Circlewood
(50.00 foot wide) Trail, having a radius of 50.00 feet and a chord bearing of South 28 degrees 46
minutes 52 seconds West to a point; THENCE North 82 degrees 52 minutes 43 seconds West a
distance of 82.46 feet to a point of curvature; THENCE 51.50 feet along a curve to the right
having a radius of 40.00 feet and a chord bearing of North 60 degrees 37 minutes 38 seconds
West to a point; THENCE North 38 degrees 22 minutes 32 seconds West a distance of 110.48
feet to a point; THENCE South 00 degrees 20 minutes 16 seconds East a distance of 326.48 feet
to a point; THENCE North 71 degrees 09 minutes 29 seconds West a distance of 2.65 feet to a
point; THENCE South 38 degrees 01 minutes 17 seconds West a distance of 229.60 feet to a
point; THENCE South 01 degrees 23 minutes 45 seconds West a distance of 27.60 feet to a
point, said point being North 80 degrees 10 minutes 00 seconds East a distance of 50.11 feet
from the southwestern corner of said northern Common Land; THENCE South 80 degrees 10
minutes 00 seconds West along the southern line of said northern Common Land, said southern
line being the northern line of the Common Land of Forestwood Estates Plat Three as recorded
in Plat Book 132, Page 26 of said Recorder’s Office a distance of 10.20 feet to a point; THENCE
North 01 degrees 23 minutes 45 seconds East a distance of 32.89 feet to a point; THENCE North
38 degrees 01 minutes 17 seconds East a distance of 229.43 feet to a point; THENCE North 71
degrees 09 minutes 29 seconds West a distance of 2.65 feet to a point; THENCE North 00
degrees 20 minutes 16 seconds West a distance of 325.23 feet to a point; THENCE South 89
degrees 39 minutes 44 seconds West a distance of 57.71 feet to a point; THENCE North 00
degrees 20 minutes 16 seconds West a distance of 62.00 feet to a point; THENCE North 89
degrees 39 minutes 44 seconds East a distance of 46.19 feet to a point; THENCE North 51
degrees 37 minutes 28 seconds East a distance of 30.42 feet to a point; THENCE South 38
degrees 22 minutes 32 seconds East a distance of 6.48 feet to a point; THENCE North 90
degrees 00 minutes 00 seconds East a distance of 64.57 feet to a point; THENCE North 52
degrees 39 minutes 59 seconds East a distance of 107.81 feet to the Point of Beginning,
excepting therefrom those portions covered by the existing easements recorded in Plat Book 113
Pages 88 and 89, Deed Book 5717 Page 329, Deed Book 6663 Page 2045 and Plat Book 132
Page 26.
Also, three (3) VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS for use
during the construction of any sewer in the above described sewer easement, said VARIABLE
WIDTH TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as
follows:
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #1
COMMENCING at the said northwest corner of the northern Common Land; THENCE South
88 degrees 57 minutes 30 seconds East along the said north line of the northern Common Land a
distance of 391.75 feet to the Point of Beginning of herein described Variable Width Temporary
Construction Easement #1; THENCE South 88 degrees 57 minutes 30 seconds East along the
said north line a distance of 32.22 feet to a point; THENCE along the northwestern, north,
northeastern, west and south sides of above described Variable Width Easement the following
bearings and distances: South 52 degrees 39 minutes 59 seconds West a distance of 107.81 feet
to a point, South 90 degrees 00 minutes 00 seconds West a distance of 64.57 feet to a point,
North 38 degrees 22 minutes 32 seconds West a distance of 6.48 feet to a point, South 51 degrees
37 minutes 28 seconds West a distance of 30.42 feet to a point, South 89 degrees 39 minutes 44
seconds West a distance of 46.19 feet to a point, South 00 degrees 20 minutes 16 seconds East a
distance of 62.00 feet to a point, North 89 degrees 39 minutes 44 seconds East a distance of
57.71 feet to a point, South 00 degrees 20 minutes 16 seconds East a distance of 325.23 feet to a
point, South 71 degrees 09 minutes 29 seconds East a distance of 2.65 feet to a point, South 38
degrees 01 minutes 17 seconds West a distance of 229.43 feet to a point, and South 01 degrees
23 minutes 45 seconds West a distance of 32.89 feet to a point; THENCE South 80 degrees 10
minutes 00 seconds West along the said southern line of the northern Common Land a distance
of 20.39 feet to a point; THENCE North 01 degrees 23 minutes 45 seconds East a distance of
43.48 feet to a point; THENCE North 38 degrees 01 minutes 17 seconds East a distance of
229.09 feet to a point; THENCE North 00 degrees 20 minutes 16 seconds West a distance of
309.14 feet to a point; THENCE South 89 degrees 39 minutes 44 seconds West a distance of
50.21 feet to a point; THENCE North 00 degrees 20 minutes 16 seconds West a distance of
82.00 feet to a point; THENCE North 89 degrees 39 minutes 44 seconds East a distance of 52.74
feet to a point; THENCE North 51 degrees 37 minutes 28 seconds East a distance of 38.38 feet
to a point; THENCE South 90 degrees 00 minutes 00 seconds East a distance of 59.10 feet to a
point; THENCE North 52 degrees 39 minutes 59 seconds East a distance of 75.79 feet to the
Point of Beginning, excepting therefrom those portions covered by the existing easements
recorded in Plat Book 113, Pages 88 and 89, Deed Book 5717 Page 329, Deed Book 6663 Page
2045 and Plat Book 132 Page 26.
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #2
COMMENCING at the said northwest corner of the northern Common Land; THENCE South
88 degrees 57 minutes 30 seconds East along the said north line of the northern Common Land a
distance of 423.97 feet to a point; THENCE along the northwestern, north, northeastern, west
and south sides of above described Variable Width Easement the following bearings, distances
and curve: South 52 degrees 39 minutes 59 seconds West a distance of 107.81 feet to a point,
South 90 degrees 00 minutes 00 seconds West a distance of 64.57 feet to a point, North 38
degrees 22 minutes 32 seconds West a distance of 6.48 feet to a point, South 51 degrees 37
minutes 28 seconds West a distance of 30.42 feet to a point, South 89 degrees 39 minutes 44
seconds West a distance of 46.19 feet to a point, South 00 degrees 20 minutes 16 seconds East a
distance of 62.00 feet to a point, North 89 degrees 39 minutes 44 seconds East a distance of
57.71 feet to a point, South 00 degrees 20 minutes 16 seconds East a distance of 325.23 feet to a
point, South 71 degrees 09 minutes 29 seconds East a distance of 2.65 feet to a point, South 38
degrees 01 minutes 17 seconds West a distance of 229.43 feet to a point, and South 01 degrees
23 minutes 45 seconds West a distance of 32.89 feet to a point; THENCE North 80 degrees 10
minutes 00 seconds East along the said southern line of the northern Common Land a distance of
10.20 feet to the Point of Beginning of herein described Variable Width Temporary Construction
Easement #2; THENCE along the east, southeastern, southwestern and southern sides of above
described Variable Width Easement the following bearings, distances and curve: North 01
degrees 23 minutes 45 seconds East a distance of 27.60 feet to a point, North 38 degrees 01
minutes 17 seconds East a distance of 229.60 feet to a point, South 71 degrees 09 minutes 29
seconds East a distance of 2.65 feet to a point, North 00 degrees 20 minutes 16 seconds West a
distance of 326.48 feet to a point, South 38 degrees 22 minutes 32 seconds East a distance of
110.48 feet to a point of curvature, 40.00 feet along a curve to the left having a radius of 51.50
feet and a chord bearing of South 60 degrees 37 minutes 38 seconds East, and South 82 degrees
52 minutes 43 seconds East a distance of 82.46 feet to a point of curvature; THENCE 13.59 feet
along a curve to the left, said curve to the left being the said western right of way line, having a
radius of 50.00 feet and a chord bearing of South 11 degrees 42 minutes 34 seconds West to a
point; THENCE North 82 degrees 52 minutes 43 seconds West a distance of 81.37 feet to a point
of curvature; THENCE 50.49 feet along a curve to the right having a radius of 65.00 feet and a
chord bearing of North 60 degrees 37 minutes 38 seconds West to a point; THENCE North 38
degrees 22 minutes 32 seconds West a distance of 64.83 feet to a point; THENCE South 00
degrees 20 minutes 16 seconds East a distance of 288.29 feet to a point; THENCE South 38
degrees 01 minutes 17 seconds West a distance of 229.94 feet to a point; THENCE South 01
degrees 23 minutes 45 seconds West a distance of 17.01 feet to a point; THENCE South 80
degrees 10 minutes 00 seconds West a distance of 20.39 feet to the Point of Beginning, excepting
therefrom those portions covered by the existing easements recorded in Plat Book 113 Pages 88
and 89, and Plat Book 132 Page 26.
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #3
COMMENCING at the said northwest corner of Common Land; THENCE South 88 degrees 57
minutes 30 seconds East along the said north line of the northern Common Land a distance of
440.08 feet to the Point of Beginning of herein described Variable Width Temporary
Construction Easement #3; THENCE South 88 degrees 57 minutes 30 seconds East along the
said north line a distance of 32.22 feet to a point; THENCE South 52 degrees 39 minutes 59
seconds West a distance of 155.83 feet to a point; THENCE North 90 degrees 00 minutes 00
seconds West a distance of 28.30 feet to a point; THENCE South 51 degrees 37 minutes 28
seconds West a distance of 39.44 feet to a point; THENCE South 38 degrees 22 minutes 32
seconds East a distance of 121.51 feet to a point of curvature; THENCE 17.86 feet along a curve
to the left having a radius of 23.00 feet and a chord bearing of South 62 degrees 42 minutes 24
seconds East to a point; THENCE South 82 degrees 52 minutes 43 seconds East a distance of
91.05 feet to a point; THENCE South 38 degrees 37 minutes 30 seconds East along the
southwestern line of Lot 53 of said Forestwood Estates Plat No. 1 a distance of 6.19 to a point of
curvature; THENCE 11.61 feet along a curve to the left, said curve to the left being the said
western right of way line of Circlewood (50.00 foot wide) Trail, having a radius of 50.00 feet
and a chord bearing of South 44 degrees 43 minutes 19 seconds West to a point; THENCE along
the northern, northeastern, southeastern and southern sides of above described Variable Width
Easement the following bearings, distances and curve: North 82 degrees 52 minutes 43 seconds
West a distance of 88.41 feet to a point of curvature, 28.35 feet along a curve to the right having
a radius of 36.50 feet and a chord bearing of North 60 degrees 37 minutes 38 seconds West,
North 38 degrees 22 minutes 32 seconds West a distance of 129.98 feet to a point, North 51
degrees 37 minutes 28 seconds East a distance of 35.18 feet to a point, North 38 degrees 22
minutes 32 seconds West a distance of 29.57 feet to a point, North 90 degrees 00 minutes 00
seconds East a distance of 60.03 feet to a point, and North 52 degrees 39 minutes 59 seconds
East a distance of 123.81 feet to the Point of Beginning, excepting therefrom those portions
covered by the existing easements recorded in Plat Book 113 Pages 88 and 89 and Deed Book
5717 Page 329.
The three (3) VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS will
become null and void upon completion of above described construction.
Parcel 20
A VARIABLE WIDTH EASEMENT across the Common Land of Forestwood Estates Plat
Three as recorded in Plat Book 132, Pages 26 and 27 of the St. Louis County, Missouri
Recorder’s Office and being more particularly described as follows:
A VARIABLE WIDTH EASEMENT
BEGINNING at the southwestern corner of said Common Land, said southwestern corner also
being the southeastern corner of Lot 57 of said Forestwood Estates Plat Three, said southwestern
corner also being on the northern right of way line of Whitewood (50 foot wide) Trail; THENCE
North 01 degrees 04 minutes 00 seconds East along the west line of said Common Land, said
west line also being the east line of said Lot 57 a distance of 3.22 feet to a point; THENCE South
89 degrees 46 minutes 21 seconds East a distance of 54.64 feet to a point; THENCE North 01
degrees 23 minutes 45 seconds East a distance of 150.11 feet to a point; THENCE North 80
degrees 10 minutes 00 seconds East, along the northern line of said Common Land, said northern
line also being the southern line of Common Land of Forestwood Estates Plat No. 1 as recorded
in Plat Book 113, Pages 88 and 89 of said Recorder’s Office, a distance of 10.20 feet to a point;
THENCE South 01 degrees 23 minutes 45 seconds West a distance of 153.30 feet to a point of
curvature; THENCE 55.10 feet along a curve to the right having a radius of 550.00 feet and a
chord bearing of South 88 degrees 11 minutes 48 seconds West along the said north right of way
line of Whitewood (50 foot wide) Trail to a point; THENCE North 88 degrees 56 minutes 00
seconds West along the said north right of way line, a distance of 9.62 feet to the Point of
Beginning, excepting therefrom those portions covered by the existing easements recorded in
Plat Book 132, Pages 26 and 27.
Also, two (2) VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS for use
during the construction of any sewer in the above described sewer easement, said VARIABLE
WIDTH TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as
follows:
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #1
COMMENCING at the said southwestern corner of Common Land; THENCE North 01 degrees
04 minutes 00 seconds East along the said west line of Common Land, a distance of 3.22 feet to
the Point of Beginning; THENCE North 01 degrees 04 minutes 00 seconds East along the said
west line, a distance of 15.00 feet to a point; THENCE South 89 degrees 46 minutes 21 seconds
East a distance of 34.72 feet to a point; THENCE North 01 degrees 23 minutes 45 seconds East a
distance of 131.55 feet to a point; THENCE North 80 degrees 10 minutes 00 seconds East, along
the said northern line of Common Land a distance of 20.39 feet to a point; THENCE South 01
degrees 23 minutes 45 seconds West along the west line of above described VARIABLE
WIDTH EASEMENT a distance of 150.11 feet to a point; THENCE North 89 degrees 46
minutes 21 seconds West along the north line of above described VARIABLE WIDTH
EASEMENT a distance of 54.64 feet to the Point of Beginning, excepting therefrom those
portions covered by the existing easements recorded in Plat Book 132, Pages 26 and 27.
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #2
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #2 adjacent to the east
line of above described VARIABLE WIDTH EASEMENT, bounded on the north by the said
northern line of Common Land, bounded on the east by the east line of said Common Land, said
east line also being the west line of Lot 56 of said Forestwood Estates Plat Three and bounded on
the south by the said north right of way line of Whitewood (50 foot wide) Trail, excepting
therefrom those portions covered by the existing easements recorded in Plat Book 132, Pages 26
and 27.
The TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon
completion of 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 July 11, 2013.