HomeMy Public PortalAbout14865 Linden #1064 Storm Sewer (10289)ORDINANCE NO. 14865
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
Linden #1064 Storm Sewer (10289) in the City of Richmond 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 and/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 Deer Creek Watershed wherein live and work numerous
people;
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 Linden #1064 Storm Sewer - 10289
as hereinafter set forth, said easements and temporary easements being more particularly
described below:
Parcel #12
A 20.00 FOOT WIDE EASEMENT across a tract of land being part of Lot 61 of Clayton Road
Terrace as recorded in Plat Book 18, pages 18-19 of the St. Louis County, Missouri Recorder’s
Office, being more particularly described as follows:
A 20.00 FOOT WIDE EASEMENT lying west of and adjacent to the eastern line of Lot 61 of
said Clayton Road Terrace said eastern line also being the western line of Lot 64 and Lot 65 of
said Clayton Road Terrace, being bounded on the northeast by a common line being the northern
line of lot 61 and the southern line of Lot 62 of said Clayton Road Terrace and bounded on the
south by a common line being the southern line of Lot 61 and the northern line of Lot 60 of said
Clayton Road Terrace.
Also A (20’W) TWENTY FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT 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 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT laying adjacent to the
western line of the above described 20.00 FOOT WIDE EASEMENT being bounded on the
northeast by a common line being the northern line of lot 61 and the southern line of Lot 62 of
said Clayton Road Terrace and bounded on the south by a common line being the southern line
of Lot 61 and the northern line of Lot 60 of said Clayton Road Terrace.
THE TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon
completion of the above described construction.
Parcel #23
A VARIABLE WIDTH EASEMENT across a tract of land being part of Lot 28 of Lake Forest
as recorded in Plat Book 28 pages 36-37 of the St. Louis County, Missouri Recorder’s Office,
being more particularly described as follows:
A VARIABLE WIDTH EASEMENT BEGINNING at a point being the northwest corner of Lot
28 of said Lake Forest thence along the north line of said Lot 28 and the south line of Lot 9 of
said Lake Forest South 71 degrees 05 minutes 39 seconds East a distance of 167.84 feet; thence
along a curve to the left having a radius of 325.00 feet with an arc length of 5.00 feet; thence
North 71 degrees 05 minutes 39 seconds West a distance of 145.03 feet; thence South 00 degrees
05 minutes 32 seconds West a distance of 8.40 feet thence South 57 degrees 37 minutes 44
seconds West a distance of 11.85 feet; thence South 00 degrees 05 minutes 32 seconds West a
distance of 23.70 feet; thence South 57 degrees 37 minutes 44 seconds West a distance of 11.85
feet to a point being on a common line being the west line of said Lot 28 and the east line of Lot
13 of Clayton Road Terrace being a subdivision recorded in Plat Book 18, pages 18 and 19 of the
aforesaid land records; thence along said common line North 00 degrees 05 minutes 32 seconds
East a distance of 56.92 feet to the Point of Beginning.
Also A (20’W) TWENTY FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT 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 (20’W) TWENTY FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT
Commencing at a point being the northwest corner of said Lot 28 thence South along a common
line being the west line of said Lot 28 and the East line of said Lot 13 South 00 degrees 05
minutes 32 seconds West a distance of 56.92 feet; thence North 57 degrees 37 minutes 44
seconds East a distance of 11.85 feet to the Point of Beginning; thence North 00 degrees 05
minutes 32 seconds East a distance of 23.70 feet; thence North 57 degrees 37 minutes 44 seconds
East a distance of 11.85 feet; thence North 00 degrees 05 minutes 32 seconds East a distance of
8.40 feet; thence South 71 degrees 05 minutes 39 seconds East a distance of 21.13 feet; thence
South 00 degrees 05 minutes 32 seconds West a distance of 12.57 feet; thence South 57 degrees
37 minutes 44 seconds West a distance of 35.56 feet to the Point of Beginning.
TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion
of the above described construction.
Parcel #31
A VARIABLE WIDTH EASEMENT across a tract of land being part of Lot 70 of Clayton Road
Terrace as recorded in Plat Book 18, pages 18-19 of the St. Louis County, Missouri Recorder’s
Office, being more particularly described as follows:
A VARIABLE WIDTH EASEMENT BEGINNING at a point being the southwest corner of Lot
70 of said Clayton Road Terrace; thence along the western line of Lot 70 North 32 degrees 49
minutes 19 seconds East for a distance of 14.12 feet; thence North 28 degrees 54 minutes 03
seconds East for a distance of 32.00 feet to the northwest corner of Lot 70; thence along a
common line being the south line of Lot 69 and the north line of Lot 70 of said Clayton Road
Terrace South 69 degrees 41 minutes 48 seconds East a distance of 12.28 feet; thence leaving
said common line South 28 degrees 54 minutes 03 seconds West for a distance of 30.11 feet;
thence South 61 degrees 05 minutes 57 seconds East a distance of 36.38 feet; thence South 21
degrees 00 minutes 36 seconds West for a distance of 10.07 feet to a point being on the south
line of Lot 70 of said Clayton Road Terrace; thence along said south line North 69 degrees 51
minutes 34 seconds West for a distance of 51.46 feet to the Point of Beginning.
Also A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT 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:
VARIABLE WIDTH TEMORARY CONSTRUCTION EASEMENT: COMMENCING at a
point being the southwest corner of Lot 70 of said Clayton Road Terrace; thence along a
common line being the north line of Lot 71 and the south line of Lot 70 of said Clayton Road
Terrace South 69 degrees 51 minutes 34 seconds East a distance of 51.46 feet to the POINT OF
BEGINNING; thence leaving said common line North 21 degrees 00 minutes 36 seconds East
for a distance of 10.07 feet; thence North 61 degrees 05 minutes 57 seconds West a distance of
36.38 feet; thence North 28 degrees 54 minutes 03 seconds East a distance of 30.11 feet to a
point being on the north line of Lot 70 also being the common line of north line of Lot 70 and the
south line of Lot 69; Thence South 69 degrees 41 minutes 48 seconds East for a distance of
20.23 feet thence leaving said common line South 28 degrees 54 minutes 03 seconds West a
distance of 13.13 feet; thence South 61 degrees 05 minutes 57 seconds East a distance of 25.72
feet; thence South 21 degrees 00 minutes 36 seconds West a distance of 28.41 feet to a point
being on the common line being the south line of Lot 70 and the north line of Lot 71; thence
along said common line North 69 degrees 51 minutes 34 seconds West a distance of 12.00 feet to
the Point of Beginning.
TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion
of the above described construction.
Parcel #32
A VARIABLE WIDTH EASEMENT across a tract of land being part of Lot 71 of Clayton Road
Terrace as recorded in Plat Book 18, pages 18-19 of the St. Louis County, Missouri Recorder’s
Office, being more particularly described as follows:
A VARIABLE WIDTH EASEMENT BEGINNING at a point being the southwest corner of Lot
71 of said Clayton Road Terrace; thence along the western line of Lot 71 North 32 degrees 49
minutes 19 seconds East for a distance of 13.03 feet; thence South 89 degrees 30 minutes 17
seconds East for a distance of 53.22 feet; thence North 21 degrees 00 minutes 36 seconds East a
distance of 22.07 feet to a point being on the common line of the northern line of lot 71 and the
southern line of lot 70; thence along said common line South 69 degrees 51 minutes 34 seconds
East a distance of 10.00 feet; thence leaving said common line South 21 degrees 00 minutes 36
seconds West a distance of 29.15 feet; thence North 89 degrees 30 minutes 17 seconds West a
distance of 50.14 feet; thence South 31 degrees 31 minutes 31 seconds West a distance of 6.09
feet to a point being located on the common line of the southern line of said Lot 71 and the
northern line of lot 72 of said Clayton Road Terrace; thence along said common line North 72
degrees 35 minutes 47 seconds West a distance of 14.47 feet to the Point of Beginning.
Also (2) two 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:
VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #1: COMMENCING at a
point being the northwest corner of Lot 71 of said Clayton Road Terrace; thence along a line
being the common line of the southern line of Lot 70 and the northern line of Lot 71 of said
Clayton Road Terrace South 69 degrees 51 minutes 34 seconds East a distance of 38.61 feet to
the POINT OF BEGINNING; thence leaving said common line South 21 degrees 17 minutes 58
seconds West a distance of 20.76 feet; thence North 68 degrees 45 minutes 57 seconds West a
distance of 20.00 feet; thence South 21 degrees 14 minutes 03 seconds West a distance of 7.96
feet; thence North 68 degrees 45 minutes 57 seconds West a distance of 24.32 feet; thence South
32 degrees 49 minutes 19 seconds West a distance of 12.38 feet; thence South 89 degrees 30
minutes 17 seconds East a distance of 53.22 feet; thence North 21 degrees 00 minutes 36 seconds
East a distance of 22.07 feet; thence North 69 degrees 51 minutes 34 seconds West a distance of
2.85 feet to the Point of Beginning.
VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #2: COMMENCING at
a point being the Southwest corner of Lot 71 thence along a line being the common line of said
Lot 71 and 72 South 72 degrees 35 minutes 47 seconds East a distance of 14.47 feet to the
POINT OF BEGINNING; thence leaving said common line North 31 degrees 31 minutes 31
seconds East 6.09 feet; thence South 89 degrees 30 minutes 17 seconds East a distance of 50.14
feet; thence North 21 degrees 00 minutes 36 seconds East a distance of 29.15 feet to a point
being on the common line of said Lot 70 and 71; thence along said common line South 69
degrees 51 minutes 34 seconds East a distance of 12.00 feet; thence leaving said common line
South 21 degrees 00 minutes 36 seconds West a distance of 46.20 feet to a point; thence North
89 degrees 30 minutes 17 seconds West a distance of 9.96 feet to a point on the common line of
Lot 71 and 72; thence along said common line North 72 degrees 35 minutes 47 Seconds West a
distance of 50.84 feet to the Point of Beginning.
TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion
of the above described construction.
Parcel #34
A VARIABLE WIDTH EASEMENT across a tract of land being part of Lot 73 of Clayton Road
Terrace as recorded in Plat Book 18, pages 18-19 of the St. Louis County, Missouri Recorder’s
Office, being more particularly described as follows:
A VARIABLE WIDTH EASEMENT BEGINNING at a point being the southwest corner of Lot
73 of said Clayton Road Terrace; thence along a common line being the western line of Lot 73
and the eastern line of Lot 54 of said Clayton Road Terrace North 32 degrees 49 minutes 19
seconds East for a distance of 18.15 feet; thence South 75 degrees 11 minutes 52 seconds East a
distance of 15.95 feet; thence South 31 degrees 31 minutes 31 seconds West a distance of 23.09
feet; thence North 57 degrees 11 minutes 49 seconds West a distance of 15.69 feet to the Point of
Beginning.
Also A (20’W) TWENTY FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT 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 (20’W) TWENTY FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT: lying east
of and parallel to the above described variable width easement bounded on the north by the north
line of Lot 73 and the south line of Lot 72 and bounded on the south by the south line of lot 73
and the north line of Lot 78
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.
This foregoing Ordinance was adopted on February 15, 2018.