HomeMy Public PortalAbout14406 Caulks Creek Forcemain (River Valley Rd to L-52) (11790)ORDINANCE NO. 14406
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
Caulks Creek Forcemain (River Valley Rd to L-52) (11790) in the City of Maryland Heights,
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 Caulks 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 Caulks Creek Forcemain (River
Valley Rd to L-52)(11790) as hereinafter set forth, said easements and temporary easements
being more particularly described below:
The foregoing ordinance was adopted on July 14, 2016.
Parcel #3
A 30.00 FOOT WIDE EASEMENT across a tract of land conveyed to Cordell V. Queathem, Jr.
and Mary Elizabeth Hoelting as Co-Trustees of the Evelyn Queathem Irrevocable Family Trust
Agreement Dated June 23, 2014 by deed recorded in Deed Book 21069, Page 647 of the St.
Louis County, Missouri Recorder’s Office, lying partly in U.S. Survey 949 and being more
particularly described as follows:
A 30.00 FOOT WIDE EASEMENT lying adjacent to the southern right-of-way line of Hog
Hollow (40.00 foot wide) Road, bounded on the west by the eastern right-of-way line of Hog
Hollow (40.00 foot wide) Road and bounded on the east by the eastern line of herein described
Queathem property, said eastern line also being the western line of a tract of land conveyed to
the Stemme Family Partnership as conveyed by deed recorded in Deed Book 11114, Page 1452
of said Recorder’s Office and also being the eastern line of U.S. Survey 949, excepting therefrom
those portions covered by the existing 10.00 foot wide easement to the Metropolitan St. Louis
Sewer District as recorded in Deed Book 7559, Page 2154 and Deed Book 7980, Page 567 of
said Recorder’s Office,
Also a 10.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE for use during the
construction of any sewer in the above described sewer easements, said 10.00 FOOT WIDE
TEMPORARY CONSTRUCTION LICENSE being more particularly described as follows:
A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT lying adjacent to the
southern line of herein described 30.00 FOOT WIDE EASEMENT, bounded on the west by the
said eastern right-of-way line of Hog Hollow (40.00 foot wide) Road and bounded on the east by
the said eastern line of herein described Queathem property.
The 10.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE will become null and
void upon completion of the above described construction.
Parcel #5
A 5.00 FOOT WIDE EASEMENT across a tract of land conveyed to Stemme Family
Partnership L.P. as recorded in Deed Book 11114, Page 1452 of the St. Louis County, Missouri
Recorder’s Office, lying partly in Fractional Section 25 Township 46 North, Range 4 East and
being more particularly described as follows:
A 5.00 FOOT WIDE EASEMENT lying north of and adjacent to the southern property line of
said tract of land conveyed to Stemme Family Partnership L.P., bounded on the west by the
eastern line of U.S. Survey 949 and also being the northern most of the eastern property lines of
a tract of land conveyed to Debra S. Hente and Gary W. Hente Trustees by deed recorded in
Deed Book 16079, Page 3255 of said Recorder’s Office and bounded on the east by the western
right-of-way line of River Valley (30.00 foot wide) Drive.
Also a 10.00 FOOT WIDE TEMPORAY CONSTRUCTION LICENSE for use during the
construction of any sewer in the above described sewer easement, said 10.00 FOOT WIDE
TEMPORAY CONSTRUCTION LICENSE being more particularly described as follows:
A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT lying north of and
adjacent to the northern line of herein described 5.00 FOOT WIDE EASEMENT, bounded on
the west by the said eastern line of U.S. Survey 949 and bounded on the east by the said western
right-of-way line of River Valley (30.00 foot wide) Drive.
The 10.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE will become null and
void upon completion of the above described construction.
Parcel #4
A 5.00 FOOT WIDE EASEMENT and a 15.00 FOOT WIDE EASEMENT across a tract of land
conveyed to Debra S. Hente and Gary W. Hente Trustees of the Debra S. Hente Revocable Trust
recorded September 8, 2004 in Deed Book 16079, Page 3255 of the St. Louis County, Missouri
Recorder’s Office, lying partly in Lot 4 and Lot 5 of Partition of the Estate of Henry Jackson as
shown on plat marked “Exhibit B” attached to Commissioners Report filed in the St. Louis
County Circuit Court Case # 10729 (Deed Book 185, Page 205) and being more particularly
described as follows:
COMMENCING at the southeastern corner of Lot 3 of said Partition of the Estate of Henry
Jackson, said southeastern corner also being the northern most corner of the northeastern corner
of a tract of land conveyed to Cordell V. Queathem, Jr. and Mary Elizabeth Hoelting Co-
Trustees as recorded in Deed Book 21069, Page 647 of said Recorder’s Office; THENCE South
06 degrees 33 minutes 37 seconds West along the westerly line said tract of land conveyed to
Debra S. Hente and Gary W. Hente Trustees and being the easterly line of said tract of land
conveyed to Cordell V. Queathem, Jr. and Mary Elizabeth Hoelting Co-Trustees a distance of
13.97 feet to the POINT OF BEGINNING of herein described 15.00 FOOT WIDE
EASEMENT; THENCE along the southern lines of an existing 10.00 foot wide easement
conveyed to the Metropolitan St. Louis Sewer District by deed recorded in Deed Book 7557,
Page 1410 of said Recorder’s Office the following bearings and distances: North 88 degrees 22
minutes 36 seconds East a distance of 429.63 feet to a point and South 89 degrees 47 minutes 23
seconds East a distance of 1,546.48 feet to a point; THENCE along the southwestern right-of-
way lines of River Valley (30.00 wide) Drive the following bearings and distances: South 39
degrees 53 minutes 55 seconds East a distance of 191.71 feet to a point, South 45 degrees 20
minutes 57 seconds East a distance of 433.97 feet to a point, South 52 degrees 37 minutes 57
seconds East a distance of 393.92 feet to a point and South 52 degrees 20 minutes 57 seconds
East a distance of 294.93 feet to a point; THENCE South 69 degrees 47 minutes 42 seconds
West a distance of 5.91 feet to a point; THENCE along a line being 5.00 feet southwesterly and
parallel to the said southwestern right-of-way line of River Valley Drive the following bearings
and distances: North 52 degrees 20 minutes 57 seconds West a distance of 291.77 feet to a point,
North 52 degrees 37 minutes 57 seconds West a distance of 394.22 feet to a point, North 45
degrees 20 minutes 57 seconds West a distance of 434.52 feet to a point and North 39 degrees 53
minutes 55 seconds West a distance of 176.55 feet to a point being the intersection point of
herein described 5.00 FOOT WIDE and 15.00 FOOT WIDE EASEMENT; THENCE along a
line being 15.00 feet southerly and parallel to the said southern lines of an existing 10.00 foot
wide easement conveyed to the Metropolitan St. Louis Sewer District the following bearing and
distances: North 89 degrees 47 minutes 23 seconds West a distance of 1,552.33 feet to a point
and South 88 degrees 22 minutes 36 seconds West a distance of 431.55 feet to a point being on
the said westerly line of a tract of land conveyed to Debra S. HENTE and Gary W. Hente
Trustees; THENCE North 06 degrees 33 minutes 37 seconds East along the said westerly line of
a tract of land conveyed to Debra S. Hente and Gary W. Hente Trustees a distance of 15.15 feet
to the POINT OF BEGINNING.
Also a 5.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT and a 10.00 FOOT
WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the construction of any
sewer in the above described sewer easements, said 5.00 FOOT WIDE TEMPORARY
CONSTRUCTION EASEMENT and 10.00 FOOT WIDE TEMPORARY CONSTRUCTION
EASEMENT being more particularly described as follows:
COMMENCING at the said southeastern corner of Lot 3 of Partition of the Estate of Henry
Jackson; THENCE South 06 degrees 33 minutes 37 seconds West along the said westerly line of
a tract of land conveyed to Debra S. HENTE and Gary W. Hente Trustees a distance of 29.13
feet to the POINT OF BEGINNING of herein described 10.00 FOOT WIDE TEMPORARY
CONSTRUCTION EASEMENT; THENCE along the southern lines of herein described 15.00
FOOT WIDE EASEMENT the following bearings and distances: North 88 degrees 22 minutes
36 seconds East a distance of 431.55 feet to a point and South 89 degrees 47 minutes 23 seconds
East a distance of 1,552.33 feet to a point being the intersession point of herein described
southern line of 15.00 FOOT WIDE EASEMENT and the southwestern line of 5.00 FOOT
WIDE EASEMENT; THENCE along the southwestern lines and the southeastern line of herein
described 5.00 FOOT WIDE EASEMENT the following bearings and distances: South 39
degrees 53 minutes 55 seconds East a distance of 176.55 feet to a point, South 45 degrees 20
minutes 57 seconds East a distance of 434.52 feet to a point, South 52 degrees 37 minutes 57
seconds East a distance of 394.22 feet to a point, South 52 degrees 20 minutes 57 seconds East a
distance of 291.77 feet to a point and North 69 degrees 47 minutes 42 seconds East a distance of
5.91 feet to a point being on the said southwestern right-of-way line of River Valley Drive;
THENCE South 52 degrees 20 minutes 57 seconds East along the said southwestern right-of-
way line of River Valley Drive a distance of 5.91 feet to a point; THENCE South 69 degrees 47
minutes 42 seconds West a distance of 11.81 feet to a point; THENCE along a line being 5.00
feet southwesterly and parallel to herein described 5.00 FOOT WIDE EASEMENT the
following bearings and distances: North 52 degrees 20 minutes 57 seconds West a distance of
294.52 feet to a point, North 52 degrees 37 minutes 57 seconds West a distance of 394.53 feet to
a point, North 45 degrees 20 minutes 57 seconds West a distance of 435.08 feet to a point and
North 39 degrees 53 minutes 55 seconds West a distance of 167.93 feet to a point being the
intersection point of herein described said southwestern line of 5.00 FOOT WIDE
TEMPORARY CONSTRUCTION EASEMENT and the said southern line of herein described
15.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT; THENCE along a line
being 25.00 feet southerly and parallel to the said southern lines of an existing 10.00 foot wide
easement conveyed to the Metropolitan St. Louis Sewer District the following bearing and
distances: North 89 degrees 47 minutes 23 seconds West a distance of 1,554.06 feet to a point
and South 88 degrees 22 minutes 36 seconds West a distance of 432.83 feet to a point being on
the said westerly line of a tract of land conveyed to Debra S. Hente and Gary W. Hente Trustees;
THENCE North 06 degrees 33 minutes 37 seconds East along the said westerly line of a tract of
land conveyed to Debra S. Hente and Gary W. Hente Trustees a distance of 10.10 feet to the
POINT OF BEGINNING.
The 5.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT and 10.00 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.