HomeMy Public PortalAbout14081ORDINANCE NO. 14081
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
Rosemary, Philo & Kathleen Sewer Separation (10748) in the Village of Wilbur Park and
Unincorporated St. Louis County, Missouri to serve the needs of residents of the area, and
authorizing staff to proceed with further condemnation efforts related to the project, including
but not limited to the purchase &/or the filing of all necessary court pleadings or documents to
commence and prosecute formal legal proceedings for the acquisition of said easements and
temporary construction easements.
WHEREAS, there exists within The Metropolitan St. Louis Sewer District an area
of the County of St. Louis within the Mackenzie 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 Rosemary, Philo & Kathleen Sewer
Separation - 10748 as hereinafter set forth, said easements and temporary easements being more
particularly described below:
Parcel #14
A VARIABLE WIDTH EASEMENT across Lot 18 of Wilbur Park 2nd Addition as recorded in
Plat Book 55, Page 98 of the St. Louis County, Missouri Recorder’s Office and being more
particularly described as follows:
A VARIABLE WIDTH EASEMENT BEGINNING at the Northwest corner of said Lot 18;
THENCE South 81 degrees 36 minutes 14 seconds East along the Northerly line of said Lot 18, a
distance of 49.99 feet to the Northeast corner of said Lot 18; THENCE South 08 degrees 23
minutes 46 seconds West along the common line of Lot 18 and Lot 17, a distance of 140.00 feet
to the Northerly right-of-way of Candace Drive (50.00 feet wide), said point also being the
Southeast corner of said Lot 18; THENCE North 81 degrees 36 minutes 14 seconds West along
said right-of-way, a distance of 6.00 feet to a point; THENCE leaving said right-of-way North 08
degrees 23 minutes 46 seconds East along a line 6.00 feet West and parallel with the Easterly
line of said Lot 18, a distance of 132.70 feet to a point; THENCE North 81 degrees 36 minutes
14 seconds West along a line 7.30 feet South and parallel with the Northerly line of said Lot 18,
a distance of 23.83 feet to a point; THENCE North 84 degrees 39 minutes 40 seconds West, a
distance of 20.19 feet to a point on the Westerly line of said Lot 18; THENCE North 08 degrees
23 minutes 46 seconds East along said Westerly line, a distance of 8.37 feet to the POINT OF
BEGINNING, excepting therefrom those portions covered by the existing easements recorded in
said Plat Book 55 Page 98 of said Recorder’s Office.
Also A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #1 for use during
the construction of any sewer in the above described sewer easement, said VARIABLE WIDTH
TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows:
COMMENCING at the Northwest corner of said Lot 18; THENCE South 08 degrees 23 minutes
46 seconds West along the Westerly line of said Lot 18, a distance of 8.37 feet to THE POINT
OF BEGINNING; THENCE South 84 degrees 39 minutes 40 seconds East, a distance of 20.19
feet to a point; THENCE South 81 degrees 36 minutes 14 seconds East along a line 7.30 feet
South and parallel with the Northerly line of said Lot 18, a distance of 23.83 feet to a point;
THENCE South 08 degrees 23 minutes 46 seconds West along a line 6.00 feet West and parallel
with the Easterly line of said Lot 18, a distance of 54.16 feet to a point; THENCE North 81
degrees 36 minutes 14 seconds West, a distance of 3.72 feet to a point; THENCE North 22
degrees 33 minutes 09 seconds, a distance of 45.65 to a point; THENCE North 85 degrees 21
minutes 25 seconds West, a distance of 16.83 feet to a point on said Westerly line; THENCE
North 08 degrees 23 minutes 46 seconds East along said Westerly line, a distance of 15.03 feet to
the POINT OF BEGINNING.
The VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT will become null
and void upon completion of the above described construction.
Also A 20.00 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT #2 for use during
the construction of any sewer in the above described sewer easement, said 20.00 FEET WIDE
TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows:
COMMENCING at the Northwest corner of said Lot 18; THENCE South 08 degrees 23 minutes
46 seconds West along the Westerly line of said Lot 18, a distance of 8.37 feet to a point;
THENCE South 84 degrees 39 minutes 40 seconds East, a distance of 20.19 feet to a point;
THENCE South 81 degrees 36 minutes 14 seconds East along a line 7.30 feet South and parallel
with the Northerly line of said Lot 18, a distance of 23.83 feet to a point; THENCE South 08
degrees 23 minutes 46 seconds West along a line 6.00 feet West and parallel with the Easterly
line of said Lot 18, a distance of 85.39 feet to THE POINT OF BEGINNING; THENCE
continuing along said parallel line South 08 degrees 23 minutes 46 seconds West, a distance of
47.32 feet to a point on the Northerly right-of-way of Candace Drive (50.00 feet wide);
THENCE along said right-of-way the following courses and distances: North 81 degrees 36
minutes 14 seconds West, a distance of 8.60 feet to a point of curvature; THENCE along a curve
to the right, having a radius of 50.00 feet, an arc length of 11.50 feet, and a chord bearing North
75 degrees 00 minutes 59 seconds West, a chord distance of 11.47 to a point; THENCE leaving
said right-of-way North 08 degrees 23 minutes 46 seconds East along a line 26.00 feet West and
parallel with the Easterly line of said Lot 18, a distance of 46.00 feet to a point; THENCE South
81 degrees 36 minutes 14 seconds West, a distance of 20.00 feet to THE POINT OF
BEGINNING.
The 20.00 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT will become null and
void upon completion of the above described construction.
Parcel #17
A VARIABLE WIDTH EASEMENT across Lot 21 of Wilbur Park 2nd Addition as recorded in
Plat Book 55, Page 98 of the St. Louis County, Missouri Recorder’s Office and being more
particularly described as follows:
A VARIABLE WIDTH EASEMENT BEGINNING at the Northwest corner of said Lot 21;
THENCE South 81 degrees 36 minutes 14 seconds East, along the common line between said
Lot 21 and Lot 20, a distance of 74.93 feet to a point on the right-of-way of Candace Drive (50
foot wide); THENCE along a curve to the left having a radius of 50.00 feet, an arc distance of
4.47 feet and a chord that bears South 05 degrees 49 minutes 56 seconds West, a chord distance
of 4.47 feet to a point; THENCE North 81 degrees 37 minutes 23 seconds West, a distance of
74.54 feet to a point on the Westerly line of said Lot 21; THENCE North 00 degrees 58 minutes
46 seconds East along said Westerly line, a distance of 4.53 to the POINT OF BEGINNING,
excepting therefrom that portion covered by the existing easement recorded in said Plat Book 55
Page 98 of said Recorder’s Office.
Also A 15.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the
construction of any sewer in the above described sewer easement, said 15 FOOT WIDE
TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows:
A 15.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT, lying adjacent to the
Southerly line of the above described variable width easement, bounded on the West by the
Westerly line of Lot 21 and bounded on the East by the right-of-way of Candace Drive (50 foot
wide).
The 15.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT will become null and
void upon completion of the above described construction.
Parcel #34
A 5.00 FOOT WIDE AND 2.00 FOOT WIDE EASEMENTS across Lot 15 of Wilbur Park 2nd
Addition as recorded in Plat Book 55, Page 98 of the St. Louis County, Missouri Recorder’s
Office and being more particularly described as follows:
A 5.00 FOOT WIDE EASEMENT, lying adjacent to the Northerly line of said Lot 15, bounded
on the East by the Easterly line of said Lot 15, bounded on the West by the Westerly line of said
Lot 15; excepting therefrom that portion covered by the existing easement recorded in said Plat
Book 55 Page 98 of said Recorder’s Office.
A 2.00 FOOT WIDE EASEMENT, lying adjacent to the Westerly line of said Lot 15, bounded
on the North by a line lying 5.00 feet South and parallel with the Northerly line of said Lot 15,
said line also being the Southerly line of the above described 5.00 foot wide easement, bounded
on the South by a line lying 40.30 feet South and parallel with the Northerly line of said Lot 15.
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 FOOT WIDE
TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows:
A 5.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT, lying adjacent to the
Easterly and Southerly line of the above described 2.00 foot wide easement, bounded on the
North by a line lying 5.00 feet South and parallel with the Northerly line of said Lot 15, said line
also being the Southerly line of the above described 5.00 foot wide easement, bounded on the
West by the Westerly line of said Lot 15.
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 to the extent possible or to
continue with the condemnation process by preparing and/or filing all necessary court pleadings
and documents to institute and prosecute legal actions in condemnation to acquire all easements
for the above-referenced project, 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.