HomeMy Public PortalAbout13882ORDINANCE NO. 13882
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 storm sewers, storm channel and related appurtenances in the
project known as Brookhurst Drive Storm Sewer (11206) at various locations within the Deer
Creek Watershed to serve the needs of residents of the area, and authorizing the acquisition of
said easements and temporary easements by purchase or by the institution of condemnation
proceedings.
WHEREAS, there exists within The Metropolitan St. Louis Sewer District an area
of the Warson Woods, County of St. Louis within the Deer Creek Watershed wherein live and
work numerous people; and
WHEREAS, storm water 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 storm sewers, storm channel 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 easements in real property for the construction of storm
sewers, storm channel and related appurtenances in the project known as Brookhurst Drive
Storm Sewer (11206) at various locations within the Deer Creek Watershed as hereinafter set
forth, said easements and temporary easements being more particularly described below:
Parcel #04
A 10.00 FOOT WIDE EASEMENT across part of Lots 6 and 7 in Block 1 of Warson Woods as
recorded in Plat Book 36, Page 20 of the St. Louis County, Missouri Recorder’s Office and being
more particularly described as follows:
COMMENCING at the northeastern corner of a tract of land conveyed to Nancy Hawes (trustee)
by deed recorded in Deed Book 15963 Page 734 of said Recorder’s Office, said northeastern
corner also being the northwestern corner of a tract of land conveyed to Jeanne M. Fox (trustee)
by deed recorded in Deed Book 10543 Page 1642 of said Recorder’s Office; THENCE South 07
degrees 05 minutes 54 seconds West along the common property line of said Nancy Hawes
(trustee) and Jeanne M. Fox (trustee) a distance of 14.10 feet to the POINT OF BEGINNING of
the centerline of herein described 10.00 FOOT WIDE EASEMENT; THENCE North 63 degrees
01 minutes 07 seconds West along said centerline a distance of 26.75 feet to a point; THENCE
North 82 degrees 54 minutes 06 seconds West a distance of 20.64 feet to the POINT OF
TERMINATION of herein described 10.00 FOOT WIDE EASEMENT, said POINT OF
TERMINATION also being on the southern line of an existing 5.00 foot wide easement as
recorded in said Plat Book 36 Page 20, excepting therefrom those portions covered by the
existing 5.00 foot wide easement recorded in said Plat Book 36 Page 20.
Also TWO (2) VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS for use
during the construction of any sewer in the above described sewer easement, said TWO (2)
VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS being more particularly
described as follows:
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #1 adjacent to the
northeastern line of herein described 10.00 FOOT WIDE EASEMENT, bounded on the east by
the said common property line of Nancy Hawes (trustee) and Jeanne M. Fox (trustee) and
bounded on the north by the northern line of said Lot 7, said northern line also being the southern
line of Lot 36 of Forest Green Estates 4th Addition as recorded in Plat Book 101 Page 41 of said
Recorder’s Office, excepting therefrom those portions covered by the existing 5.00 foot wide
easement recorded in said Plat Book 36 Page 20.
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #2 COMMENCING at
the said northeastern corner; THENCE South 07 degrees 05 minutes 54 seconds West along the
said common property line a distance of 19.41 feet to the POINT OF BEGINNING of herein
described VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #2; THENCE
South 07 degrees 05 minutes 54 seconds West along the said common property line a distance of
5.32 feet to a point; THENCE North 63 degrees 01 minutes 07 seconds West a distance of 8.66
feet to a point; THENCE North 05 degrees 49 minutes 59 seconds East a distance of 2.78 feet to
a point; THENCE North 82 degrees 54 minutes 06 seconds West a distance of 42.58 feet to a
point; THENCE North 07 degrees 05 minutes 54 seconds East a distance of 19.00 feet to a point;
THENCE South 82 degrees 54 minutes 06 seconds East along the said northern line of Lot 6 a
distance of 5.00 feet to a point; THENCE along the western and southern lines of herein
described 10.00 FOOT WIDE EASEMENT the following bearings and distances: South 07
degrees 05 minutes 54 seconds West a distance of 10.00 feet, South 82 degrees 54 minutes 06
seconds East a distance of 19.77 feet and South 63 degrees 01 minutes 07 seconds East a
distance of 27.68 feet to the POINT OF BEGINNING, excepting therefrom those portions
covered by the existing 5.00 foot wide easement recorded in said Plat Book 36 Page 20.
The TWO (2) VARIABLE TEMPORARY CONSTRUCTION EASEMENTS will become null
and void upon completion of the above described construction.
Parcel #05
A 10.00 FOOT WIDE EASEMENT across part of Lots 7 and 8 in Block 1 of Warson Woods as
recorded in Plat Book 36, Page 20 of the St. Louis County, Missouri Recorder’s Office and being
more particularly described as follows:
COMMENCING at the northeastern corner of a tract of land conveyed to Jeanne M. Fox
(trustee) by deed recorded in Deed Book 10543 Page 1642 of said Recorder’s Office, said
northeastern corner also being the northwestern corner of a tract of land conveyed to Michael T.
and Delia M. Andrews by deed recorded in Deed Book 11444 Page 2680 of said Recorder’s
Office; THENCE South 07 degrees 05 minutes 54 seconds West along the common property line
of said Jeanne M. Fox (trustee) and Michael T. and Delia M. Andrews a distance of 39.41 feet to
the POINT OF BEGINNING of the centerline of herein described 10.00 FOOT WIDE
EASEMENT; THENCE North 63 degrees 01 minutes 07 seconds West along said centerline a
distance of 74.44 feet to the POINT OF TERMINATION of herein described 10.00 FOOT
WIDE EASEMENT, said POINT OF TERMINATION being South 07 degrees 05 minutes 54
seconds West from the northwestern corner of said tract of land conveyed to Jeanne M. Fox
(trustee) a distance of 14.10 feet along the common line of said tract of land conveyed to Jeanne
M. Fox (trustee) and a tract of land conveyed to Nancy Hawes (trustee) by deed recorded in
Deed Book 15963 Page 734 of said Recorder’s Office.
Also TWO (2) 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENTS for use
during the construction of any sewer in the above described sewer easement, said TWO (2) 10.00
FOOT WISE TEMPORARY CONSTRUCTION EASEMENTS being more particularly
described as follows:
A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #1 adjacent to the
northeastern line of herein described 10.00 FOOT WIDE EASEMENT, bounded on the east by
the said common property line of Jeanne M. Fox (trustee) and Michael T. and Delia M. Andrews,
bounded on the west by the said common property line of Jeanne M. Fox (trustee) and Nancy
Hawes (trustee) and bounded on the north by the said northern line of Lot 7, excepting therefrom
those portions covered by the existing 5.00 foot wide easement recorded in said Plat Book 36
Page 20.
A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #2 adjacent to the
southwestern line of herein described 10.00 FOOT WIDE EASEMENT, bounded on the east by
the said common property line of Jeanne M. Fox (trustee) and Michael T. and Delia M. Andrews
and bounded on the west by the said common property line of Jeanne M. Fox (trustee) and
Nancy Hawes (trustee).
The TWO (2) TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon
completion of the above described construction.
Parcel #6.1
A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT across part of Adjusted
Lot 1 of Koors Estates as recorded in Plat Book 348, Page 33 of the St. Louis County, Missouri
Recorder’s Office and being more particularly described as follows:
BEGINNING at the northeastern corner of said Adjusted Lot 1, said northeastern corner also
being the northwestern corner of Adjusted Lot 2 of said Koors Estates; THENCE South 07
degrees 05 minutes 54 seconds West along the eastern line of said Adjusted Lot 1, said eastern
line also being the western line of a tract of land conveyed to William and Suzanne Venker by
deed recorded in Deed Book 19588 Page 2034 of said Recorder’s Office a distance of 35.00 feet
to a point; THENCE North 82 degrees 54 minutes 06 seconds West a distance of 10.00 feet to a
point; THENCE North 07 degrees 05 minutes 54 seconds East a distance of 35.00 feet to a point;
THENCE South 82 degrees 54 minutes 06 seconds East along the northern line of said Adjusted
Lot 1, said northern line also being the southern line of Lot 21 of Warson Woods as recorded in
Plat Book 36, Page 20 of said Recorder’s Office a distance of 10.00 feet to the POINT OF
BEGINNING, excepting therefrom those portions covered by the existing 5.00 foot wide
easement recorded in said Plat Book 348 Page 33.
The 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT will become null and
void upon completion of the above described construction.
Parcel #7.2
A 10.00 FOOT WIDE EASEMENT across part of Lot B of Subdivision Plat of Lots A & B
Resubdivision of Lots 31, 32 and Parts of Lots 30 and 33 of Block 8 Manchester Forest
Resubdivision as recorded in Plat Book 352, Page 241 of the St. Louis County, Missouri
Recorder’s Office and being more particularly described as follows:
BEGINNING at the southeastern corner of said Lot B, said southeastern corner also being the
northeastern corner of Lot A of said Subdivision Plat of Lots A & B Resubdivision of Lots 31,
32 and Parts of Lots 30 and 33 of Block 8 Manchester Forest Resubdivision; THENCE North 89
degrees 35 minutes 17 seconds West along the southern line of said Lot B, said southern line also
being the northern line of a tract of land conveyed to Scott and Cynthia Drysdale by deed
recorded in Deed Book 17961 Page 3592 of said Recorder’s Office a distance of 27.00 feet to a
point; THENCE North 00 degrees 24 minutes 43 seconds East a distance of 10.00 feet to a point;
THENCE South 89 degrees 35 minutes 17 seconds East a distance of 27.00 feet to a point;
THENCE South 00 degrees 24 minutes 43 seconds West along the eastern line of said Lot B,
said eastern line also being the western right-of-way line of Forest View ( 50.00 foot wide) Drive
a distance of 10.00 feet to the POINT OF BEGINNING.
Also a 5.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the
construction of any sewer in the above described sewer easement, said 5.00 FOOT WIDE
TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows:
A 5.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT adjacent to the northern
and western lines of herein described 10.00 FOOT WIDE EASEMENT, bounded on the east by
the said western right-of-way line and bounded on the south by the said northern line of a tract of
land conveyed to Scott and Cynthia Drysdale.
The 5.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT 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 on August 5, 2014.