HomeMy Public PortalAbout15253 Capilia Sanitary Relief (Grant Rd to Capilia Dr) 12111ORDINANCE NO. 15253
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
Capilia Sanitary Relief (Grant Rd to Capilia Dr) (12111) 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 Crestwood and Grantwood Village, County of St. Louis within The Gravois 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 Capilia Sanitary Relief (Grant Rd to
Capilia Dr) (12111) as hereinafter set forth, said easements and temporary easements being more
particularly described below:
Parcel #1
A 10 FEET WIDE SEWER EASEMENT across a tract of land being part of U.S. Survey 9,
Township 44 North, Range 6 East and being part of the 100 feet wide Right-Of-Way of the
Missouri Pacific Railroad, and being part of the same tract as conveyed to Gateway Trailnet, Inc.
by Deed Book 9578, Page 690 as recorded with the St. Louis County Missouri Recorder’s
Office, St. Louis County, Missouri and being more particularly described as follows:
COMMENCING at the Southerly corner of Lot 6 of Forest Haven No. 4-section 2 as per plat
thereof recorded in Plat Book 120 page 39 with said St. Louis County Missouri Record’s Office,
said corner also being on the Northerly line of said railroad right of way; THENCE southeasterly
along said Northerly line South 49 degrees 15 minutes 13 seconds West 159.96 feet to the
POINT OF BEGINNING of the herein described centerline of said 10 FEET WIDE SEWER
EASEMENT; THENCE leaving said Northerly line South 38 degrees 32 minutes 15 seconds
West 100.07 feet along said centerline to a point on the Southerly line of said railroad right of
way said point being the point of TERMINUS, excepting therefrom that portion covered by the
existing easement recorded in Deed Book 4818 Page 1 with said St. Louis County Missouri
Record’s Office.
Also, (2) TEMPORARY CONSTRUCTION EASEMENTS for use during the construction of
any sewer in the above described 10 FEET WIDE SEWER EASEMENT, said TEMPORARY
CONSTRUCTION EASEMENTS being more particularly described as follows:
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 1.
BEGINNING at the Southerly corner of said Lot 6 of Forest Haven No. 4-section 2, said corner
also being on the Northerly line of said railroad right of way; THENCE southeasterly along said
Northerly line South 49 degrees 15 minutes 13 seconds East 154.96 feet to the Northwesterly
corner of said 10 FEET WIDE SEWER EASEMENT; THENCE leaving said Northerly line
South 38 degrees 32 minutes 15 seconds West 100.07 feet to a point on the Southerly line of said
railroad right of way; THENCE along said Southerly line North 49 degrees 15 minutes 13
seconds West 25.02 feet to a point; THENCE leaving said Southerly line North 38 degrees 32
minutes 15 seconds East 91.65 feet to a point; THENCE North 49 degrees 19 minutes 54
seconds West 8.75 feet to a point; THENCE North 52 degrees 25 minutes 34 seconds West
146.73 feet to a point; THENCE North 40 degrees 44 minutes 47 seconds East 16.55 feet to a
point on the Northerly line of said railroad right of way; THENCE southeasterly along said
Northerly line South 49 degrees 15 minutes 13 seconds east 25.00 feet to the POINT OF
BEGINNING, excepting therefrom that portion covered by the existing easement recorded in
Deed Book 4818 Page 1 with said St. Louis County Missouri Record’s Office.
A 25 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT NO. 2.
A 25 feet wide parcel, being of uniform width, adjoining and parallel to the Easterly line of said
10 FEET WIDE SEWER EASEMENT, bounded on the north by the Northerly line of said
railroad right of way and bound on the south by the Southerly line of said railroad right of way,
excepting therefrom that portion covered by the existing easement recorded in Deed Book 4818
Page 1 with said St. Louis County Missouri Record’s Office.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
the above described sewer construction.
Parcel #18
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT across a tract of land
being part of Section 16, Township 44 North, Range 6 East of the 5th Principal Meridian in St.
Louis County, Missouri, and being part of Lot 27 of Forest Haven, as recorded in Plat Book 37
Page 38 and being part of the same tract as conveyed to Schneider, Daniel C. and Winter by
Deed Book 20254 Page 1076 as recorded with the St. Louis County Recorder’s Office, St. Louis
County, Missouri, and being more particularly described as follows:
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT, BEGINNING at the
most Westerly corner of said Lot 27 also being the most Northerly corner of Lot 34 as depicted
in Forest Haven as recorded in Plat Book 37 Page 38; THENCE, along the Northwest line of said
tract described in Deed Book 20254 Page 1076 North 40 degrees 53 minutes 17 seconds East, a
distance of 49.77 feet to a point; THENCE, leaving said Northwest line North 77 degrees 15
minutes 10 seconds East, a distance of 2.24 feet to a point; THENCE, South 12 degrees 44
minutes 50 seconds East, a distance of 40.00 feet to a point; THENCE, South 77 degrees 15
minutes 10 seconds West, a distance of 34.58 feet to a point on the Southwest line of said tract;
THENCE, along said Southwest line of said tract North 49 degrees 8 minutes 43 seconds West, a
distance of 13.03 feet to the POINT OF BEGINNING, excepting therefrom the portions covered
by the existing easements recorded in Deed Book 3236 Page 124 and Plat Book 37 Page 38 & 39
of said Recorder’s Office.
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 appropriation of private
property rights as hereinabove set out.
The foregoing ordinance was adopted on September 12, 2019.