HomeMy Public PortalAbout15428 Midland Sanitary Relief (Midland Blvd to Sims Ave (12352)ORDINANCE NO. 15428
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 Midland
Sanitary Relief (Midland Blvd to Sims Ave) (12352) in the City of Overland, 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 Overland, St. Louis County, Missouri within the Coldwater Creek Watershed wherein numerous
people live and work;
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 Midland Sanitary Relief (Midland Blvd to Sims
Ave) (12352) hereinafter set forth, said easements and temporary easements being more
particularly described below:
Parcel #1
ONE (1) 10 FEET WIDE SEWER EASEMENT across a tract of land being part of Lot Six (6) of
the Subdivision of Block Three (3) and part of Block Four (4) of South Ashby, a Subdivision by
Plat Book 12 Page 108 as recorded with the St. Louis County Recorder’s Office, St. Louis County,
Missouri and conveyed to Richard and Stephanie Philips by Deed Book 19617 Page 1877 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, COMMENCING at a point being the Northwestern corner
of said tract of land conveyed to Richard and Stephanie Philips; THENCE Southerly along the
Western line of said tract conveyed to Richard and Stephanie Philips, said line also being the
Eastern Right of Way of Sims Avenue (60’ W) South 04 degrees 53 minutes 36 seconds East
118.51 feet to the POINT OF BEGINNING of herein described centerline of said 10 foot wide
easement; THENCE Northeasterly North 48 degrees 27 minutes 23 seconds East 142.26 feet;
THENCE Northeasterly North 60 degrees 14 minutes 12 seconds East 139.96 feet to the POINT
OF TERMINUS.
ALSO TWO (2) VARIABLE WIDTH TEMPORARY CONSTRUCTION for use during the
construction of any sewer in the above described SEWER EASEMENTS, said TEMPORARY
CONSTRUCTION EASEMENTS being more particula rly 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 Richard and Stephanie
Philips; THENCE Southerly along the Western line of said tract conveyed to Richard and
Stephanie Philips, said line also being the Eastern Right of Way of Sims Avenue (60’ W) South
04 degrees 53 minutes 36 seconds East 93.86 feet to the POINT OF BEGINNING; THENCE
Northeasterly North 55 degrees 06 minutes 24 seconds East 31.00 feet; THENCE Northeasterly
North 49 degrees 36 minutes 36 seconds East 105.08 feet; THENCE Northeasterly North 56
degrees 22 minutes 17 seconds East 78.00 feet; THENCE Northeasterly North 61 degrees 22
minutes 17 seconds East 71.00 feet; THENCE Southerly along the Eastern line of said tract
conveyed to Richard and Stephanie Philips, South 06 degrees 22 minutes 17 seconds West 17.73
feet; THENCE Southwesterly South 60 degrees 14 minutes 12 seconds West 144.13 feet;
THENCE Southwesterly Sou th 48 degrees 27 minutes 23 seconds West 139.06 feet; THENCE
Northerly North 04 degrees 53 minutes 36 seconds West 18.42 feet to the POINT OF
BEGINNING.
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT (#2), COMMENCING
at a point being the Northwestern corner of said tract of land conveyed to Richard and Stephanie
Philips; THENCE Southerly along the Western line of said tract conveyed to Richard and
Stephanie Philips, said line also being the Eastern Right of Way of Sims Avenue (60’ W) South
04 degrees 53 minutes 36 seconds East 124.74 feet to the POINT OF BEGINNING; THENCE
Northeasterly North 48 degrees 27 minutes 23 seconds East 145.46 feet; THENCE Northeasterly
North 60 degrees 14 minutes 12 seconds East 135.79 feet; THENCE Southerly along the Eastern
line of said tract conveyed to Richard and Stephanie Philips, South 06 degrees 22 minutes 17
seconds West 24.76 feet; THENCE Southwesterly South 60 degrees 14 minutes 12 seconds West
81.38 feet; THENCE Northwesterly North 29 degrees 45 minutes 48 seconds West 10.00 feet;
THENCE Southwesterly South 60 degrees 14 minutes 12 seconds West 38.78 feet; THENCE
Southwesterly South 48 degrees 27 minutes 23 seconds West 65.44 feet; THENCE Southeasterly
South 41 degrees 32 minutes 37 seconds East 10.00 feet; THENCE Southwesterly South 48
degrees 27 minutes 23 seconds West 72.46 feet; THENCE Northwesterly along the Southern line
of said tract conveyed to Richard and Stephanie Philips North 83 degrees 22 minutes 45 seconds
West 17.53 feet; THENCE Northwesterly along the Western line of said tract conveyed to Richard
and Stephanie Philips North 04 degrees 53 minutes 36 seconds West 8.65 feet to the POINT OF
BEGINNING.
TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of
the above described sewer construction.
Parcel #2
ONE (1) 10 FEET WIDE SEWER EASEMENT across a tract of land being part of Lot Six (6) of
the Subdivision of Block Three and part of Block Four of South Ashby, a Subdivision by Plat
Book 12 Page 108 as recorded with the St. Louis County Recorder’s Office, St. Louis County,
Missouri and conveyed to Craig and Kathleen Bowen by Deed Book 22268 Page 4987 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, COMMENCING at a point being the Northeastern corner
of said tract of land conveyed to Craig and Kathleen Bowen; THENCE Southerly along the Eastern
line of said tract conveyed to Craig and Kathleen Bowen South 06 degrees 33 minutes 14 seconds
West 86.64 feet to the POINT OF BEGINNING of herein described centerline of said 10 foot wide
easement; THENCE Southwesterly South 75 degrees 45 minutes 00 seconds West 68.12 feet;
THENCE Southwesterly South 60 degrees 14 minutes 12 seconds West 44.62 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:
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT (#1), COMMENCING
at a point being the Northeastern corner of said tract of land conveyed to Craig and Kathleen
Bowen; THENCE Southerly along the Eastern line of said tract conveyed to Craig and Kathleen
Bowen South 06 degrees 33 minutes 14 seconds West 71.68 feet to the POINT OF BEGINNING;
THENCE continuing Southerly along the said Eastern line South 06 degrees 33 minutes 14
seconds West 9.61 feet; THENCE Southwesterly South 75 degrees 45 minutes 00 seconds West
70.70 feet; THENCE Southwesterly South 60 degrees 14 minutes 12 seconds West 41.65 feet;
THENCE Northerly along the Western line of said tract conveyed to Craig and Kathleen Bowen
North 06 degrees 22 minutes 17 seconds East 17.73 feet; THENCE Northeasterly North 70 degrees
32 minutes 00 seconds East 56.16 feet; THENCE Northeasterly North 77 degrees 28 minutes 55
seconds East 52.10 feet to the POINT OF BEGINNING.
20 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT (#2), COMMENCING at a
point being the Northeastern corner of said tract of land conveyed to Craig and Kathleen Bowen;
THENCE Southerly along the Eastern line of said tract conveyed to Craig and Kathleen Bowen
South 06 degrees 33 minutes 14 seconds West 91.99 feet to the POINT OF BEGINNING;
THENCE continuing Southerly along the said Eastern line South 06 degrees 33 minutes 14
seconds West 21.39 feet; THENCE Southwesterly South 75 degrees 45 minutes 00 seconds West
55.22 feet; THENCE Southwesterly South 60 degrees 14 minutes 12 seconds West 59.47 feet;
THENCE Northerly along the Western line of said tract conveyed to Craig and Kathleen Bowen
North 06 degrees 22 minutes 17 seconds East 24.76 feet; THENCE Northeasterly North 60 degrees
14 minutes 12 seconds East 47.59 feet; THENCE Northeasterly North 75 degrees 45 minutes 00
seconds East 65.54 feet to the POINT OF BEGINNING.
TEMPORARY CONSTRUCTION EASEMENTS 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 action s 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 July 9, 2020.