HomeMy Public PortalAbout15215 Brookshire Sanitary Relief (Brookshire Dr to Cougar Dr) (12104)O R D I N A N C E NO. 15215
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 Brookshire
Sanitary Relief (Brookshire Dr to Cougar Dr) (12104) in 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 Coldwater 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 Brookshire Sanitary Relief (Brookshire Dr to Cougar Dr)
(12104) as hereinafter set forth, said easements and temporary easements being more particularly
described below:
Parcel #7
ONE (1) 10 FEET WIDE SEWER EASEMENT across a tract of land being part of Lot 577 of
Wedgwood Plat 5, a Subdivision by Plat Book 111 Pages 14-15 as recorded with the St. Louis
County Recorder’s Office, St. Louis Count y, Missouri and conveyed to Mary A. Barnes by Deed
Book 13459 Page 1520 as recorded with the St. Louis County Recorder’s Office, St. Louis County,
Missouri and being more particularly described as follows:
10 FEET WIDE SEWER EASEMENT bounded on the West by the Western line of said Lot 577
conveyed to Mary A. Barnes; COMMENCING at a point being the Northwestern corner of said
tract of land conveyed to Mary A. Barnes; THENCE Southerly along a curve with a chord bearing
South 11 degrees 46 minutes 55 seconds East with a radius of 1101.20 feet and a length of curve of
11.84 feet to the POINT OF BEGINNING of herein described centerline of said 10 foot wide
easement; THENCE Southeasterly South 72 degrees 51 minutes 45 seconds East 23.92 feet;
THENCE Southerly South 18 degrees 22 minutes 24 seconds East 53.89 feet to the POINT OF
TERMINUS.
ALSO a VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT and a 20 FEET
WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the construction of any
sewer in the above described SEWER EASEMENTS, said TEMPORARY CONSTRUCTION
EASEMENTS being more particularly described as follows:
20 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT (#1), BEGINNING at a point
being the Northwestern corner of said tract of land conveyed to Mary A. Barnes: TH ENCE Easterly
along the Northern line of said tract conveyed to Mary A. Barnes North 78 degrees 31 minutes 34
seconds East 30.57 feet; THENCE Southeasterly South 72 degrees 51 minutes 45 seconds East
15.67 feet; THENCE Southerly South 18 degrees 22 minutes 24 seconds East 68.00 feet; THENCE
Westerly along the Southern line of said tract conveyed to Mary A. Barnes South 74 degrees 26
minutes 5 seconds West 20.02 feet; THENCE Northerly North 18 degrees 22 minutes 24 seconds
West 56.71 feet; THENCE Northwesterly North 72 degrees 51 minutes 45 seconds West 29.27 feet;
THENCE Northerly along a curve with a chord bearing North 11 degrees 37 minutes 59 seconds
West with a radius of 1101.20 feet and a length of curve of 6.12 feet to the POINT OF
BEGINNING.
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT (#2), BEGINNING at a
point being the Southwestern corner of said tract of land conveyed to Mary A. Barnes: THENCE
Northerly along the Western line of said tract conveyed to Mary A. Barnes along a curve with a
chord bearing North 13 degrees 58 minutes 37 seconds West with a radius of 1101.20 feet and a
length of curve of 61.05 feet; THENCE Southeasterly South 72 degrees 51 minutes 45 seconds East
18.53 feet; THENCE Southerly South 18 degrees 22 minutes 24 seconds East 51.07 feet; THENCE
Westerly South 74 degrees 26 minutes 5 seconds West 19.79 feet to the POINT OF BEGINNING.
TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of
the above described sewer construction.
PARCEL #12
ONE (1) VARIABLE WIDTH SEWER EASEMENT across a tract of land being part of Lot 143 of
Wedgwood Plat 1, a Subdivision by Plat Book 109 Page 70 as recorded with the St. Louis County
Recorder’s Office, St. Louis County, Missouri and conveyed to Steven M. Tallo by Deed Book
20324 Page 2908 as recorded with the St. Louis County Recorder’s Office, St. Louis County,
Missouri and being more particularly described as follows:
A VARIABLE WIDTH SEWER EASEMENT bounded on the West by the Western line of said Lot
143 conveyed to Steven M. Tallo; BEGINNING at a point being the Southwestern corner of said
tract of land conveyed to Steven M. Tallo: THENCE Northwesterly along a curve with a chord
bearing of North 13 degrees 55 minutes 15 seconds West with a radius of 261.24 feet and length of
curve of 91.15 feet; THENCE Northwesterly along the Western Line of said tract conveyed to
Steven M. Tallo North 23 degrees 54 minutes 59 seconds West 8.92 feet; THENCE Northerly North
11 degrees 54 minutes 47 seconds West 29.45 feet; THENCE Southeasterly along the Northern line
of said tract conveyed to Steven M. Tallo South 72 degrees 19 minutes 29 seconds East 11.46 feet;
THENCE Southeasterly South 11 degrees 54 minutes 47 seconds East 125.50 feet; THENCE
Westerly along the Southern line of said tract of land conveyed to Steven M. Tallo along a curve
with a chord bearing North 77 degrees 10 minutes 03 seconds West with a radius of 654.48 feet
and a length of curve of 5.47 feet to the POINT OF BEGINNING.
ALSO TWO (2) VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS for use
during the construction of any sewer in the above described SEWER EASEMENTS, said
TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as follows:
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT (#1), COMMENCING at
a point being the Northwestern corner of said tract of land conveyed to Steven M. Tallo: THENCE
Southeasterly along the Northern line of said tract conveyed to Steven M. Tallo South 72 degrees 19
minutes 29 seconds East 19.71 feet to the POINT OF BEGINNING; THENCE South 72 degrees 19
minutes 29 seconds East 23.00 feet; THENCE Southeasterly South 11 degrees 54 minutes 47
seconds East 48.35 feet; THENCE Southwesterly South 17 degrees 16 minutes 36 seconds West
29.67 feet; THENCE Southeasterly South 72 degrees 8 minutes 14 seconds East 13.48 feet;
THENCE Southwesterly South 17 degrees 40 minutes 32 seconds West 5.00 feet; THENCE
Southeasterly South 70 degrees 21 minutes 31 seconds East 6.14 feet; THENCE Southeasterly
South 11 degrees 54 minutes 47 seconds East 32.34 feet; THENCE Southwesterly South 15 degrees
6 minutes 27 seconds West 2.70 feet; THENCE Northwesterly along the Southern line of said tract
of land conveyed to Steven M. Tallo along a curve with a chord bearing North 76 degrees 00
minutes 53 seconds West with a radius of 654.48 feet and a length of curve of 20.87 feet; THENCE
Northwesterly North 11 degrees 54 minutes 47 seconds West 125.50 feet to the POINT OF
BEGINNING.
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT (#2), BEGINNING at a
point being the Northwestern corner of said tract of land conveyed to Steven M. Tallo: THENCE
Southeasterly along the Northern line of said tract conveyed to Steven M. Tallo South 72 degrees 19
minutes 29 seconds East 8.25 feet; THENCE Southeasterly South 11 degrees 54 minutes 47 seconds
East 29.45 feet; THENCE Northwesterly along the Western line of said tract conveyed to Steven M.
Tallo North 23 degrees 54 minutes 59 seconds West 34.34 feet to the POINT OF BEGINNING.
TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of
the above described sewer construction.
PARCEL #17
ONE (1) VARIABLE WIDTH SEWER EASEMENT across a tract of land being part of Lot 172 of
Wedgwood Plat 1, a Subdivision by Plat Book 109 Page 70 as recorded with the St. Louis County
Recorder’s Office, St. Louis County, Missouri and conveyed to Climmit Lumpkin, Jr and Juanita
Lumpkin by Deed Book 12904 Page 0768 as recorded with the St. Louis County Recorder’s Office,
St. Louis County, Missouri and being more particularly described as follows:
VARIABLE WIDTH SEWER EASEMENT, COMMENCING at a point being the Northwestern
corner of said tract of land conveyed to Climmit Lumpkin, Jr and Juanita Lumpkin: THENCE
Easterly along the Northern line of said tract conveyed to Climmit Lumpkin, Jr and Juanita
Lumpkin North 82 degrees 3 minutes 44 seconds East 7.33 feet; THENCE Southerly South 1
degree 17 minutes 7 seconds East 6.64 feet; THENCE Westerly South 89 degrees 37 minutes 59
seconds West 9.68 feet; THENCE Northerly along the Western line of said tract conveyed to
Climmit Lumpkin, Jr and Juanita Lumpkin, along a curve with a chord bearing North 21 degrees 45
minutes 11 seconds East with a radius of 530 feet and a length of curve of 6.13 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 EASEMENTS, said VARIABLE
WIDTH TEMPORARY CONSTRUCTION EASEMENT being more particularly described as
follows:
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT COMMENCING at a
point being the Northwestern corner of said tract of land conveyed to Climmit Lumpkin, Jr and
Juanita Lumpkin: THENCE Easterly along the Northern line conveyed to Climmit Lumpkin Jr and
Juanita Lumpkin North 82 degrees 3 minutes 44 seconds East 7.33 feet, said point being the POINT
OF BEGINNING; THENCE Easterly along the Northern line of said tract conveyed to Climmit
Lumpkin, Jr and Juanita Lumpkin North 82 degrees 3 minutes 44 seconds East 20.13 feet;
THENCE Southwesterly South 33 degrees 20 minutes 16 seconds West 35.19 feet; THENCE
Southerly South 11 degrees 55 minutes 45 seconds West 22.10 feet; THENCE Northwesterly along
the Southwestern line of said tract conveyed to Climmit Lumpkin Jr and Juanita Lumpkin North 48
degrees 21 minutes 36 seconds West 20.82 feet; THENCE Northerly along the Western line of said
tract conveyed to Climmit Lumpkin, Jr and Juanita Lumpkin, along a curve with a chord bearing
North 19 degrees 49 minutes 43 seconds East with a radius of 530’ and a length of curve 29.48 feet;
THENCE Northeasterly North 89 degrees 37 minutes 59 seconds East 9.68 feet; THENCE
Northerly North 1 degree 17 minutes 7 seconds West 6.64 feet to the POINT OF BEGINNING.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the
above described sewer construction.
PARCEL #20
ONE (1) 10 FEET WIDE SEWER EASEMENT and ONE (1) 5 FEET WIDE SEWER
EASEMENT across a tract of land being part of Lot 169 of Wedgwood Plat 1, a Subdivision by Plat
Book 109 Page 70 as recorded with the St. Louis County Recorder’s Office, St. Louis County,
Missouri and conveyed to Jeffrey and Leslie Ringling by Deed Book 13796 Page 295 as recorded
with the St. Louis County Recorder’s Office, St. Louis County, Missouri and being more
particularly described as follows:
A 10 FEET WIDE SEWER EASEMENT (#1) bounded on the Southwest by the Western line of
said Lot 169 conveyed to Jeffrey and Leslie Ringling; COMMENCING at a point being the
Northwestern corner of said tract of land conveyed to Jeffrey and Leslie Ringling: THENCE
Northeasterly North 36 degrees 10 minutes 53 seconds East 19.44 feet to the POINT OF
BEGINNING of herein described centerline of said 10 foot wide easement; THENCE Southeasterly
South 15 degrees 58 minutes 55 seconds East 76.07 feet to the POINT OF TERMINUS.
A 5 FEET WIDE SEWER EASEMENT (#2) bounded on the South by the Southern line of said Lot
169 conveyed to Jeffrey and Leslie Ringling; BEGINNING at a point being the Southwestern
corner of said tract of land conveyed to Jeffrey and Leslie Ringling: THENCE Northwest North 46
degrees 54 minutes 58 seconds West 5.26 feet; THENCE Northeasterly North 60 degrees 57
minutes 18 seconds East 14.34 feet; THENCE Southeasterly South 29 degrees 1 minute 3 seconds
East 5.00 feet; THENCE Southwesterly along the Southeastern line of said tract of land conveyed to
Jeffrey and Leslie Ringling South 60 degrees 57 minutes 18 seconds West 12.72 feet to the POINT
OF BEGINNING.
ALSO TWO (2) VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS for use
during the construction of any sewer in the above described SEWER EASEMENTS, said
TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as follows:
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT (#1), COMMENCING at
a point being the Northwestern corner of said tract of land conveyed to Jeffrey and Leslie Ringling:
THENCE Northeasterly North 36 degrees 10 minutes 53 seconds East 25.77 feet to the POINT OF
BEGINNING; THENCE Northeasterly along the Northern line of said tract of land conveyed to
Jeffrey and Leslie Ringling North 36 degrees 10 minutes 53 seconds East 25.32 feet; THENCE
Southeasterly South 15 degrees 58 minutes 55 seconds East 79.52 feet; THENCE Easterly North 60
degrees 58 minutes 57 seconds East 9.63 feet; THENCE Southeasterly South 29 degrees 1 minute 3
seconds East 24.99 feet; THENCE Southwesterly along the Southern line of said tract conveyed to
Jeffrey and Leslie Ringling South 60 degrees 57 minutes 18 seconds West 20.00 feet; THENCE
Northwesterly North 29 degrees 1 minute 3 seconds West 5.00 feet; THENCE Southwesterly South
60 degrees 57 minutes 18 seconds West 14.34 feet; THENCE Northwesterly North 46 degrees 54
minutes 58 seconds West 0.86 feet; THENCE Northwesterly North 15 degrees 58 minutes 55
seconds West 88.30 feet to the POINT OF BEGINNING.
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT (#2), BEGINNING at a
point being the Northwestern corner of said tract of land conveyed to Jeffrey and Leslie Ringling:
THENCE Northeasterly along the Northern line of said tract of land conveyed to Jeffrey and Leslie
Ringling North 36 degrees 10 minutes 53 seconds East 13.11 feet; THENCE Southeasterly South 15
degrees 58 minutes 55 seconds East 63.79 feet; THENCE Northwesterly along the Western line of
said tract conveyed to Jeffrey and Leslie Ringling along a curve with chord bearing North 33
degrees 04 minutes 31 seconds West with a radius of 70.23 feet and a length of curve of 29.81 feet;
THENCE Northwesterly along the Western line of said tract conveyed to Jeffrey and Leslie
Ringling along a curve with chord bearing North 19 degrees 25 minutes 40 seconds West with a
radius of 530.00 feet and a length of curve of 27.52 feet to the POINT OF BEGINNING.
TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of
the above described sewer construction.
PARCEL #24
ONE (1) VARIABLE WIDTH SEWER EASEMENT across a tract of land being part of Lot 162 of
Wedgwood Plat 1, a Subdivision by Plat Book 109 Page 70, and an unparcelled portion of land
being part of Wedgwood Plat 6, a Subdivision by Plat Book 112, Pages 34 -35, as recorded with the
St. Louis County Recorder’s Office, St. Louis County, Missouri and conveyed to Karl C.
Heitzenroeder by Deed Book 17834 Page 3557 as recorded with the St. Louis County Recorder’s
Office, St. Louis County, Missouri and being more particularly described as follows:
VARIABLE WIDTH SEWER EASEMENT bounded on the East by the Eastern line of said lot 162
conveyed to Karl C. Heitzenroeder: BEGINNING at a point being the Southeastern corner of said
tract of land conveyed to Karl C. Heitzenroeder: THENCE along the Southern line of said tract of
land conveyed to Karl C. Heitzenroeder Northwesterly along a curve with a chord bearing North 44
degrees 57 minutes 7 seconds West with a radius of 215.00 feet and a length of curve of 2.82 feet;
THENCE Northerly North 0 degrees 8 minutes 0 seconds East 230.16 feet; THENCE Westerly
North 89 degrees 9 minutes 46 seconds West 102.24 feet; THENCE Northerly along the Western
line of said tract of land conveyed to Karl C. Heitzenroeder North 0 degrees 8 minutes 0 seconds
East 10.00 feet; THENCE Easterly South 89 degrees 9 minutes 46 seconds East 102.24 feet;
THENCE Northerly North 0 degrees 8 minutes 0 seconds East 15.89 feet; THENCE Westerly North
89 degrees 55 minutes 0 seconds West 102.23 feet; THENCE Northeasterly along the Western line
of said tract of land conveyed to Karl C. Heitzenroeder North 16 degrees 3 minutes 45 seconds East
10.40 feet; THENCE Easterly South 89 degrees 55 minutes 0 seconds E ast 101.37 feet; THENCE
Southerly along the Eastern line of said tract of land conveyed to Karl C. Heitzenroeder South 0
degrees 8 minutes 0 seconds West 268.05 feet to the POINT OF BEGINNING.
ALSO ONE (1) VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT an d ONE
(1) 20 FEET WIDE TEMPORARY CONSTRUCTION EASMENT 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
a point being the Northwestern corner of said tract of land conveyed to Karl C. Heitzenroeder
THENCE Southwesterly along the Western line of said tract of land conveyed to Karl C.
Heitzenroeder South 16 degrees 3 minutes 45 seconds West 134.67 feet to the POINT OF
BEGINNING; THENCE Easterly South 89 Degrees 55 minutes 0 seconds East 102.23 feet;
THENCE Southerly South 0 degrees 8 minutes 0 seconds West 15.89 feet; THENCE Westerly
North 89 degrees 9 minutes 46 seconds West 102.24 feet; THENCE Northerly along the Western
line of said tract of land conveyed to Karl C. Heitzenroeder North 0 degrees 8 minutes 0 seconds
East 14.55 feet to the POINT OF BEGINNING.
A 20 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT (#2), COMMENCING at a
point being the Northwestern corner of said tract of land conveyed to Karl C. Heitzenroeder
THENCE Southwesterly along the Western line of said tract of land conveyed to Karl C.
Heitzenroeder South 16 degrees 3 minutes 45 seconds West 134.67 feet; THENCE Southerly along
the Western line of said tract conveyed to Karl C. Heitzenroeder South 0 degrees 8 minutes 0
seconds West 24.55 feet to the POINT OF BEGINNING; THENCE Easterly South 89 degrees 9
minutes 46 seconds East 102.24 feet; THENCE Southerly South 0 degrees 8 minutes 0 seconds
West 230.16 feet; THENCE Northwesterly along the Southern line of said tract of land conveyed to
Karl C. Heitzenroeder along a curve with a chord bearing North 48 degrees 51 minutes 41 seconds
West with a radius of 215.00 feet and a length of curve of 26.52 feet; THENCE Northerly North 0
degrees 8 minutes 0 seconds East 193.02 feet; THENCE Westerly North 89 degrees 9 minutes 46
seconds West 82.24 feet; THENCE Northerly along the Western line of said tract of land conveyed
to Karl C. Heitzenroeder North 0 degrees 8 minutes 0 seconds East 20.00 feet to the POINT OF
BEGINNING.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the
above described sewer 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 appropriati on of private property rights
as hereinabove set out.
This foregoing Ordinance was adopted on August 8, 2019.