HomeMy Public PortalAbout15480 Lang Royce Sanitary Relief (Fargo Dr to Floridale Ct) (12325)ORDINANCE NO. 15480
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 Lang
Royce Sanitary Relief (Fargo Dr to Floridale Ct) (12325) in the Cities of Dellwood and Ferguson,
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 Dellwood and Ferguson, St. Louis County, Missouri within the Maline 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 Lang Royce Sanitary Relief (Fargo Dr to
Floridale Ct) (12325) in the Cities of Dellwood and Ferguson, Missouri hereinafter set forth, said
easements and temporary easements being more particularly described below:
Parcel #1
A SEWER EASEMENT, being part of Lot 6 in Block 1 of Northland Hills Blocks 1 to 12 Inclusive
as recorded in Plat Book 68, Page 8 of the St. Louis County Records and located in Ferguson,
St. Louis County Missouri, being more particularly described as follows:
BEGINNING at the Northeast corner of said Lot 6; THENCE along the East line of Lot 6, South
07 degrees 18 minutes 18 seconds East, 125.00 feet to the Southeast corner of said Lot 6; THENCE
departing said East line and along the South line of said Lot 6 also being the North Right of Way
line of Fargo Drive 50 foot wide, South 82 degrees 41 minutes 42 seconds West, 10.00 feet to a
point; THENCE departing said South line, North 07 degrees 18 minutes 18 seconds West, 116.33
feet to a point; THENCE North 79 degrees 48 minutes 36 seconds West, 25.05 feet to a point;
Thence North 06 degrees 50 minutes 18 seconds West, 1.14 feet to a point in the North line of said
Lot 6; THENCE along the North line of said Lot 6, North 82 degrees 41 minutes 42 seconds East,
33.88 feet to the POINT OF BEGINNING, Excepting therefrom that portion covered by the
existing easements recorded in Plat Book 68, Page 08 of said St. Louis County Records, containing
1,150 square feet or 0.026 acres more or less.
Also, a TEMPORARY CONSTRUCTION EASEMENT, for use during construction of any sewer
in the above described SEWER EASEMENT, said TEMPORARY CONSTRUCTION
EASEMENT being more particularly described as follows:
TEMPORARY CONSTRUCTION EASEMENT
COMMENCING at the Southeast corner of said Lot 6, THENCE along the South line of said Lot
6 also being the North Right of Way line of Fargo Drive 50 foot wide, South 82 degrees 41 minutes
42 seconds West, 10.00 feet to the POINT OF BEGINNING; THENCE along the South line of
said Lot 6 also being the North Right of Way line of Fargo Drive 50 foot wide, South 82 degrees
41 minutes 42 seconds West, 19.16 feet to a point; THENCE departing said South line, North 07
degrees 42 minutes 18 seconds West, 28.87 feet to a point; THENCE North 82 degrees 17 minutes
42 seconds East, 13.98 feet to a point; THENCE North 07 degrees 42 minutes 18 seconds West,
52.30 feet to a point; THENCE South 82 degrees 17 minutes 42 seconds West, 13.98 feet to a
point; THENCE North 07 degrees 42 minutes 18 seconds West, 20.46 feet to a point; THENCE
North 79 degrees 48 minutes 36 seconds West, 21.96 feet to a point; THENCE North 07 degrees
29 minutes 19 seconds West, 12.69 feet to a point; THENCE South 82 degrees 30 minutes 41
seconds West, 2.98 feet to a point; THENCE North 07 degrees 29 minutes 19 seconds West, 4.09
feet to a point in the North line of said Lot 6; THENCE along the North line of Lot 6 North 82
degrees 41 minutes 42 seconds East, 19.97 feet to a point; THENCE departing said North line
South 06 degrees 50 minutes 18 seconds East, 1.14 feet to a point; THENCE South 79 degrees 48
minutes 36 seconds East, 25.05 feet to a point; THENCE South 07 degrees 18 minutes 18 seconds
East, 116.33 feet to the POINT OF BEGINNING, Excepting therefrom that portion covered by
the existing easements recorded in Plat Book 68, Page 08 of said St. Louis County Records,
containing 1,729 square feet 0.040 acres more or less.
THE TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion
of the above described sewer construction.
Parcel #7
A SEWER EASEMENT, being part of Lot 5 of Chambers Subdivision U.S. Survey 393 Township
46 North, Range 6 East and located in Dellwood, St. Louis County Missouri, being more
particularly described as follows:
COMMENCING at the Southwest corner of a tract of land conveyed to Executive Reality
Company per Deed Book 6423, Page 411 as recorded in St. Louis County Records also being the
Northwest Corner of Lot 5 of Westwood Acres as recorded in Plat Book 68, Page 27 of the St.
Louis County Records; THENCE along the South line of said tract of land Conveyed to Executive
Reality Company, North 82 degrees 41 minutes 42 seconds East, 154.29 to the POINT OF
BEGINNING; THENCE departing the South line of said tract of land Conveyed to Executive
Reality Company, North 07 degrees 44 minutes 44 seconds West, 110.08 feet to a point in the
North line of said tract of land Conveyed to Executive Reality Company; THENCE along said
North line, North 82 degrees 41 minutes 42 seconds East, 10.54 feet to a point; THENCE departing
said North line, South 35 degrees 51 minutes 19 seconds East, 4.24 feet to a point; THENCE South
07 degrees 29 minutes 19 seconds East, 106.36 feet to a point in the South line of said tract of land
Conveyed to Executive Reality Company; THENCE along said South line, South 82 degrees 41
minutes 42 seconds West, 12.06 feet to the POINT OF BEGINNING, containing 1,351 square feet
or 0.031 acres more or less.
Also, two (2) TEMPORARY CONSTRUCTION EASEMENTS, for use during construction of
any sewer in the above described SEWER EASEMENT, said TEMPORARY CONSTRUCTION
EASEMENT being more particularly described as follows:
TEMPORARY CONSTRUCTION EASEMENT No. 1
COMMENCING at the Southwest corner of a tract of land conveyed to Executive Reality
Company per Deed Book 6423, Page 411 as recorded in St. Louis County Records also being the
Northwest Corner of Lot 5 of Westwood Acres as recorded in Plat Book 68, Page 27 of the St.
Louis County Records; THENCE along the South line of said tract of land Conveyed to Executive
Reality Company, North 82 degrees 41 minutes 42 seconds East, 136.35 to the POINT OF
BEGINNING; THENCE departing said South line, North 07 degrees 29 minutes 19 seconds West,
98.68 feet to a point; THENCE North 35 degrees 51 minutes 19 seconds West, 12.98 feet to a point
in the North line of said tract of land Conveyed to Executive Reality Company; THENCE along
said North line, North 82 degrees 41 minutes 42 seconds East, 23.61 feet to a point; THENCE
departing said North line, South 07 degrees 44 minutes 44 seconds East, 110.08 feet to a point in
the South line of said tract of land Conveyed to Executive Reality Company; THENCE along said
South line South 82 degrees 41 minutes 42 seconds West, 17.94 feet to the POINT OF
BEGINNING, Excepting therefrom that portion covered by the existing easement recorded in
Deed Book 7774, Page 2065 of said St. Louis County Records, containing 492 square feet or 0.011
acres more or less.
TEMPORARY CONSTRUCTION EASEMENT No. 2
COMMENCING at the Southwest corner of a tract of land conveyed to Executive Reality
Company per Deed Book 6423, Page 411 as recorded in St. Louis County Records also being the
Northwest Corner of Lot 5 of Westwood Acres as recorded in Plat Book 68, Page 27 of the St.
Louis County Records; THENCE along the South line of said tract of land Conveyed to Executive
Reality Company, North 82 degrees 41 minutes 42 seconds East, 166.35 to the POINT OF
BEGINNING; THENCE departing said South line, North 07 degrees 29 minutes 19 seconds West,
106.36 feet to a point; THENCE North 35 degrees 51 minutes 19 seconds West, 4.24 feet to a point
in the North line of said tract of land Conveyed to Executive Reality Company; THENCE along
said North line, North 82 degrees 41 minutes 42 seconds East, 22.01 feet to a point; THENCE
departing said North line, South 07 degrees 29 minutes 19 seconds East, 110.08 feet to a point in
the South line of said tract of land Conveyed to Executive Reality Company; THENCE along the
South line of said tract of land Conveyed to Executive Reality Company, South 82 degrees 41
minutes 42 seconds West, 20.00 feet to the POINT OF BEGINNING, containing 2,205 square feet
or 0.051 acres more or less.
THE TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion
of the above described sewer construction.
Parcel #12
A SEWER EASEMENT, being part of Lot 5 of Chambers Subdivision U.S. Survey 393 Township
46 North, Range 6 East and located in Dellwood, St. Louis County Missouri, being more
particularly described as follows:
BEGINNING at the Southwest corner of a tract of land conveyed to O’Reilly Automotive Inc. as
recorded in Deed Book 15271, Page 1168 in St. Louis County Records; THENCE along the West
line of said tract conveyed to O’Reilly Automotive Inc, North 06 degrees 50 minutes 18 seconds
West, 3.37 to a point; THENCE departing said West line, South 35 degrees 51 minutes 19 seconds
East, 3.83 feet to a point in the South line of said tract conveyed to O’Reilly Automotive Inc.;
THENCE along said South line, South 82 degrees 41 minutes 42 seconds West, 1.86 feet to the
POINT OF BEGINNING, containing 3 square feet or 0.00007 acres more or less.
Also, a 20 FOOT TEMPORARY CONSTRUCTION EASEMENT, for use during construction of
any sewer in the above described SEWER EASEMENT, said 20 FOOT TEMPORARY
CONSTRUCTION EASEMENT being more particularly described as follows:
A 20 FOOT TEMPORARY CONSTRUCTION EASEMENT
A 20.00-foot-wide TEMPORARY CONSTRUCTION EASEMENT being parallel and adjacent
to the East side of the above described SEWER EASEMENT, containing 546 square feet or 0.013
acres more or less.
THE 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 10, 2020.