HomeMy Public PortalAbout14279ORDINANCE NO. 14279
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 FF-
16 Schuetz - Meadowside to Page Sanitary Relief (10601) in the City of Maryland Heights 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 Fee Fee 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 FF-16 Schuetz - Meadowside to
Page Sanitary Relief (10601) as hereinafter set forth, said easements and temporary easements
being more particularly described below:
The foregoing ordinance was approved on December 10, 2015
Parcel #12
A 10.00 FOOT WIDE EASEMENT across part of Lot 10B of Prestige Motor Sports as recorded
in Plat Book 352, Page 178 of the St. Louis County Recorder’s Office and being more
particularly described as follows:
Commencing at the southeastern corner of said Lot 10B, said southeastern corner also being the
northeastern corner of Lot 10A of said Prestige Motor Sports; THENCE North 11 degrees 46
minutes 29 seconds West along the eastern line of said Prestige Motor Sports a distance of
149.12 feet to the Point of Beginning of the center line of herein described 10.00 FOOT WIDE
EASEMENT; THENCE North 49 degrees 03 minutes 02 seconds West a distance of 31.81 feet
to a point; THENCE North 03 degrees 42 minutes 53 seconds East a distance of 6.70 feet to the
POINT OF TERMINATION of herein described 10.00 FOOT WIDE EASEMENT, said POINT
OF TERMINATION being on the southern right-of-way line of Page (variable width) (State
Highway D) Avenue, excepting therefrom those portions covered by the existing easements
recorded in said Plat Book 352 Page178, Plat Book 101 Page 94 and Deed Book 6607, Page 943
of said recorder’s office.
Also two (2) 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 VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT lying adjacent to the
northeastern and eastern lines of herein described 10.00 FOOT WIDE EASEMENT, bounded on
the east by the said eastern line of Lot 10B and bounded on the north by the said southern right-
of-way line of Page Avenue, excepting therefrom those portions covered by the existing
easements recorded in said Plat Book 352 Page178, Plat Book 101 Page 94 and Deed Book
6607, Page 943 of said recorder’s office.
A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT lying adjacent to the
southwestern and western lines of herein described 10.00 FOOT WIDE EASEMENT, bounded
on the east by the said eastern line of Lot 10B and bounded on the north by the said southern
right-of-way line of Page Avenue, excepting therefrom those portions covered by the existing
easements recorded in said Plat Book 352 Page178, Plat Book 101 Page 94 and Deed Book
6607, Page 943 of said recorder’s office.
The two (2) TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon
completion of the above described construction.
Parcel #20
A 10.00 FOOT WIDE EASEMENT across part of Lot 3A in Resubdivision of Lot 3 of Westport
Center as recorded in Plat Book 357, Page 489 of the St. Louis County Recorder’s Office and
being more particularly described as follows:
Commencing at the western corner of said Lot 3A, said western corner of Lot 3A also being the
eastern corner of West Park Apartments II as recorded in Plat Book 343, Page 38 of said
recorder’s office; THENCE North 84 degrees 56 minutes 55 seconds East along a common line
being the northwestern line said Lot 3A and the southern line of Lot 2 of Westport Center as
recorded in Plat Book 346, Page 730 of said recorder’s office a distance of 105.46 feet to the
Point of Beginning of herein described 10.00 FOOT WIDE EASEMENT; THENCE North 84
degrees 56 minutes 55 seconds East along said common line a distance of 37.81 feet to a point;
THENCE South 85 degrees 19 minutes 55 seconds East a distance of 156.02 feet to a point of
curvature; THENCE 12.95 feet along a curve to the left being the southwestern right-of-way line
of Westport Center (width varies) Drive, having a radius of 65.00 feet and a chord bearing of
South 34 degrees 39 minutes 49 seconds East to a point; THENCE North 85 degrees 19 minutes
55 seconds West a distance of 194.65 feet to a point; THENCE North 57 degrees 27 minutes 03
seconds West a distance of 7.73 feet to the POINT OF BEGINNING, excepting therefrom those
portions covered by the existing easements recorded in said Plat Book 346 Page 730.
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 20.00 FOOT
WIDE TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as
follows:
A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #1 lying adjacent to the
northern line of herein described 10.00 FOOT WIDE EASEMENT, bounded on the east by the
said southwestern right-of-way line of Westport Center (width varies) Drive and bounded on the
north by the said common line being the northwestern line Lot 3A and the southern line of Lot 2
of Westport Center, excepting therefrom those portions covered by the existing easements
recorded in said Plat Book 346 Page 730.
A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #2 lying adjacent to the
southern line of herein described 10.00 FOOT WIDE EASEMENT, bounded on the east by the
said southwestern right-of-way line of Westport Center (width varies) Drive and the western line
of Lot 3B of said Resubdivision of Lot 3 of Westport Center and bounded on the north by the
said common line being the northwestern line Lot 3A and the southern line of Lot 2 of Westport
Center, excepting therefrom those portions covered by the existing easements recorded in said
Plat Book 346 Page 730.
The two (2) 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENTS will become
null and void upon completion of the above described construction.
Parcel #21
A 10.00 FOOT WIDE EASEMENT across part of Lot 4B in Resubdivision of Lot 4 of Westport
Center as recorded in Plat Book 357, Page 491 of the St. Louis County Recorder’s Office and
being more particularly described as follows:
Commencing at the southwestern corner of said Lot 4B; THENCE North 07 degrees 57 minutes
39 seconds West along a common line being the western line said Lot 4B and the northern most
of the eastern lines of Lot 3 in Westport Center as recorded in Plat Book 346, Page 730 of said
recorder’s office a distance of 87.38 feet to a point of curvature; THENCE 43.43 feet along the
southern right-of-way line of Westport Center (width varies) Drive, having a radius of 65.00 feet
and a chord bearing of North 62 degrees 54 minutes 32 seconds East to the POINT OF
BEGINNING of the center line of herein described 10.00 FOOT WIDE EASEMENT; THENCE
South 85 degrees 19 minutes 55 seconds East a distance of 54.18 feet to a point; THENCE South
48 degrees 21 minutes 37 seconds East a distance of 430.11 feet to a point; THENCE South 00
degrees 13 minutes 06 seconds East a distance of 13.51 feet to the POINT OF TERMINATION
of herein described 10.00 FOOT WIDE EASEMENT, said POINT OF TERMINATION being
on the common line of said Lot 4B and said Lot 3, excepting therefrom those portions covered
by the existing easements recorded in said Plat Book 346 Page 730.
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 20.00 FOOT
WIDE TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as
follows:
A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #1 lying adjacent to the
northern, northeastern and eastern lines of herein described 10.00 FOOT WIDE EASEMENT,
bounded on the west by the said southern right-of-way line of Westport Center (width varies)
Drive and bounded on the south by the said common line of Lot 4B and Lot 3, excepting
therefrom those portions covered by the existing easements recorded in said Plat Book 346 Page
730.
A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #1 lying adjacent to the
southern, southwestern and western lines of herein described 10.00 FOOT WIDE EASEMENT,
bounded on the west by the said southern right-of-way line of Westport Center (width varies)
Drive and the said common line being the western line of Lot 4B and the said northern most of
the eastern lines of Lot 3 in Westport Center and bounded on the south by the said common line
of Lot 4B and Lot 3, excepting therefrom those portions covered by the existing easements
recorded in said Plat Book 346 Page 730.
The two (2) 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENTS will become
null and void upon completion of the above described construction.
Parcel #31
A 10.00 FOOT WIDE EASEMENT across part of Lot 96 of Graeler Park Plat Three as recorded
in Plat Book 86, Page 17 of the St. Louis County Recorder’s Office, except the south 5.00 feet
conveyed to Graeler Park Swimming Club by deed recorded in Deed Book 4302, Page 585 of the
said St. Louis County Recorder’s Office and being more particularly described as follows:
Commencing at the northeastern corner of said Lot 96, said northeastern corner also being on the
eastern line of said Graeler Park Plat Three; THENCE North 75 degrees 53 minutes 29 seconds
West along the common line between said Lot 96 and Lot 95 of said Graeler Park Plat Three a
distance of 43.75 feet to the Point of Beginning of the center line of herein described 10.00
FOOT WIDE EASEMENT; THENCE South 18 degrees 29 minutes 52 seconds West a distance
of 90.26 feet to the POINT OF TERMINATION of herein described 10.00 FOOT WIDE
EASEMENT, said POINT OF TERMINATION being on the northern line of said south 5.00
feet conveyed to Graeler Park Swimming Club, excepting therefrom those portions covered by
the existing easements recorded in said Plat Book 86 Page17 of said recorder’s office.
Also two (2) 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 VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #1 Commencing at the
said northeastern corner of Lot 96; THENCE North 75 degrees 53 minutes 29 seconds West
along the said common line between Lot 96 and Lot 95 a distance of 48.77 feet to the POINT OF
BEGINNING of herein described VARIABLE WIDTH TEMPORARY CONSTRUCTION
EASEMENT #1; THENCE South 18 degrees 29 minutes 52 seconds West along the western line
of herein described 10.00 FOOT WIDE EASEMENT a distance of 90.26 feet to a point;
THENCE North 75 degrees 53 minutes 29 seconds West along the said northern line of south
5.00 feet conveyed to Graeler Park Swimming Club a distance of 20.06 feet to a point; THENCE
North 18 degrees 29 minutes 52 seconds East a distance of 18.30 feet to a point; THENCE South
71 degrees 30 minutes 08 seconds East a distance of 8.99 feet to a point; THENCE North 18
degrees 29 minutes 52 seconds East a distance of 34.96 feet to a point; THENCE North 71
degrees 30 minutes 08 seconds West a distance of 8.99 feet to a point; THENCE North 18
degrees 29 minutes 52 seconds East a distance of 37.01 feet to a point; THENCE South 75
degrees 53 minutes 29 seconds East along the said common line between Lot 96 and Lot 95 a
distance of 20.06 feet to the POINT OF BEGINNING, excepting therefrom those portions
covered by the existing easements recorded in said Plat Book 86 Page17 of said recorder’s
office.
A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #2 Commencing at the
said northeastern corner of Lot 96; THENCE North 75 degrees 53 minutes 29 seconds West
along the said common line between Lot 96 and Lot 95 a distance of 38.74 feet to a point;
THENCE South 18 degrees 29 minutes 52 seconds West along the eastern line of herein
described 10.00 FOOT WIDE EASEMENT a distance of 26.75 feet to the POINT OF
BEGINNING of herein described 20.00 FOOT WIDE TEMPORARY CONSTRUCTION
EASEMENT #2; THENCE South 71 degrees 30 minutes 08 seconds East a distance of 20.00
feet to a point; THENCE South 18 degrees 29 minutes 52 seconds West a distance of 61.98 feet
to a point; THENCE North 75 degrees 53 minutes 29 seconds West along the said northern line
of south 5.00 feet conveyed to Graeler Park Swimming Club a distance of 20.06 feet to a point;
THENCE North 18 degrees 29 minutes 52 seconds East along the eastern line of herein
described 10.00 FOOT WIDE EASEMENT a distance of 63.52 feet to the POINT OF
BEGINNING, excepting therefrom those portions covered by the existing easements recorded in
said Plat Book 86 Page17 of said recorder’s office.
The two (2) 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 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.
The foregoing ordinance was approved on December 10, 2015