HomeMy Public PortalAbout15481 Spring Ave Sanitary Relief (Yeatman Ave to Dale Ave) (12208)ORDINANCE NO. 15481
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 Spring
Ave Sanitary Relief (Yeatman Ave to Dale Ave) (12208) in the City of Webster Groves, 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 Webster Groves, St. Louis County, Missouri within the Deer 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 Spring Ave Sanitary Relief (Yeatman Ave to
Dale Ave) (12208) in the City of Webster Groves, Missouri hereinafter set forth, said easements
and temporary easements being more particularly described below:
Parcel #4
A VARIABLE WIDTH SEWER EASEMENT across a tract of land being part of Lot 10 in Block
5 of Old Orchard as recorded in Plat Book 03 Page 13 and being part of a tract of land conveyed
to Andrew B. and Shawna L. Conrad by Deed Book 18128 Page 218, all of the St. Louis County,
Missouri Recorder’s Office, being more particularly described as follows:
COMMENCING at the Northwest corner of part of Lot 10 in Block 5 of Old Orchard as recorded
in Plat Book 03 Page 13 of the St. Louis County, Missouri Recorder’s Office; THENCE along the
North line of said part of Lot 10 South 62 degrees 44 minutes 11 seconds East 1.59 feet POINT
OF BEGINNING of the herein described easement; THENCE continuing along said North line
South 62 degrees 44 minutes 11 seconds East 16.17 feet to a point; THENCE South 28 degrees 52
minutes 45 seconds West 104.77 feet to a point on the North right-of-way line of Oakwood Avenue
50 foot wide; THENCE along a curve to the left an arc distance of 29.21 feet having a radius of
562.94 feet and a chord bearing of North 56 degrees 11 minutes 44 seconds West to a point;
THENCE North 35 degrees 14 minutes 19 seconds East 85.82 feet to a point; THENCE North 40
degrees 36 minutes 31 seconds East 16.87 feet to the POINT OF BEGINNING, EXCEPTING
THEREFROM that portion covered by the existing easements recorded in Deed Book 2373 Page
465 and Deed Book 2426 Page 273with said St. Louis County, Missouri Recorder’s office.
Also, a 20-FOOT-WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the
construction of any sewer in the above described VARIABLE WIDTH SEWER EASEMENT,
said TEMPORARY CONSTRUCTION EASEMENT being more particularly described as
follows:
A 20-FOOT-WIDE TEMPORARY CONSTRUCTION EASEMENT
A 20 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT adjoining and parallel to the
East line of the described VARIABLE SEWER EASEMENT, bounded on the North by the North
property line of Part of Lot 10 of Block 5 and on the South by the North line of Oakwood Land 50
foot wide EXCEPTING THEREFROM that portion covered by the existing easements recorded
in Deed Book 2373 Page 465 and Deed Book 2426 Page 273with said St. Louis County, Missouri
Recorder’s office.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
the above described sewer construction.
Parcel #5
A VARIABLE WIDTH SEWER EASEMENT across a tract of land being the West 50 feet of Lot
10 in Block 5 of Old Orchard as recorded in Plat Book 03 Page 13 and being part of a tract of land
conveyed to Matthew S. Sullivan by Deed Book 10720 Page 1842, all of the St. Louis County,
Missouri Recorder’s Office, being more particularly described as follows:
BEGINNING at the Southeast corner of the West 50 feet of Lot 10 in Block 5 of Old Orchard as
recorded in Plat Book 03 Page 13 of the St. Louis County, Missouri Recorder’s Office said point
being on the North right-of-way line of Oakwood Avenue 50 foot wide; THENCE along a curve
to the left an arc distance of 8.12 feet having a radius of 562.94 feet and a chord bearing of North
58 degrees 05 minutes 43 seconds West to a point; THENCE North 40 degrees 36 minutes 31
seconds Est 86.67 feet to a point; THENCE South 35 degrees 14 minutes 19 seconds West 85.82
feet to the POINT OF BEGINNING, EXCEPTING THEREFROM that portion covered by the
existing easements recorded in Deed Book 2373 Page 465 and Deed Book 2426 Page 273with said
St. Louis County, Missouri Recorder’s office.
Also, A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT for use during the
construction of any sewer in the above described VARIABLE WIDTH SEWER EASEMENT,
said TEMPORARY CONSTRUCTION EASEMENT being more particularly described as
follows:
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT, COMMENCING at
the Southeast corner of the West 50 feet of Lot 10 in Block 5 of Old Orchard as recorded in Plat
Book 03 Page 13 of the St. Louis County, Missouri Recorder’s Office said point being on the
North right-of-way line of Oakwood Avenue 50 foot wide; THENCE along a curve to the left an
arc distance of 8.12 feet having a radius of 562.94 feet and a chord bearing of North 58 degrees 05
minutes 43 seconds West to a point to the POINT OF BEGINNING; THENCE continuing along
said curve to the left an arc distance of 11.26 feet having a radius of 562.94 feet and a chord bearing
of North 59 degrees 04 minutes 54 seconds West to a point; THENCE North 39 degrees 55 minutes
13 seconds East 26.95 feet to a point; THENCE North 38 degrees 47 minutes 26 seconds East
16.96 feet to a point; THENCE North 37 degrees 27 minutes 49 seconds East 9.66 feet to a point;
THENCE North 34 degrees 08 minutes 48 seconds East 51.27 feet to a point; THENCE North 55
degrees 51 minutes 12 seconds West 2.01 feet to a point; THENCE North 34 degrees 36 minutes
52 seconds East 32.55 feet to a point; THENCE North 57 degrees 03 minutes 54 seconds West
5.95 feet to a point; THENCE North 35 degrees 14 minutes 19 seconds East 76.28 feet to a point;
THENCE South 54 degrees 45 minutes 41 seconds East 25.00 feet to a point; THENCE South 35
degrees 14 minutes 19 seconds West 126.10 feet to point; THENCE South 40 degrees 36 minutes
31 seconds West 86.67 feet to the POINT OF BEGINNING, EXCEPTING THEREFROM that
portion covered by the existing easements recorded in Deed Book 2373 Page 465 and Deed Book
2426 Page 273with said St. Louis County, Missouri Recorder’s office.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
the above described sewer construction.
Parcel #6
A VARIABLE WIDTH SEWER EASEMENT across a tract of land being part of Lot 10 in Block
5 of Old Orchard as recorded in Plat Book 03 Page 13 and being part of a tract of land conveyed
to John B. and Tamara H. Netsh by Deed Book 21200 Page 2551, all of the St. Louis County,
Missouri Recorder’s Office, being more particularly described as follows:
COMMENCING at the Northeast corner of said part of Lot 10 in Block 5 of Old Orchard as
recorded in Plat Book 03 Page 13 of the St. Louis County, Missouri Recorder’s Office said point
also being on the Western right-of-way line of Spring Avenue, 50 feet wide; THENCE North 64
degrees 03 minutes 11 seconds West 95.00 feet to the POINT OF BEGINNING of the herein
described easement; THENCE South 40 degrees 36 minutes 31 seconds West 45.37 feet to a point;
THENCE South 28 degrees 52 minutes 46 seconds West 3.59 feet to a point; THENCE North 62
degrees 44 minutes 11 seconds West 17.76 feet to a point; THENCE North 35 degrees 14 minutes
19 seconds East 47.70 feet to a point; THENCE South 64 degrees 03 minutes 11 seconds East
21.72 feet to the POINT OF BEGINNING, EXCEPTING THEREFROM that portion covered by
the existing easements recorded in Deed Book 2373 Page 465 and Deed Book 2426 Page 273with
said St. Louis County, Missouri Recorder’s office.
Also, A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT for use during the
construction of any sewer in the above described VARIABLE WIDTH SEWER EASEMENT,
said TEMPORARY CONSTRUCTION EASEMENT being more particularly described as
follows:
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT, COMMENCING at the
Northeast corner of said part of Lot 10 in Block 5 of Old Orchard as recorded in Plat Book 03 Page
13 of the St. Louis County, Missouri Recorder’s Office said point also being on the Western right-
of-way line of Spring Avenue, 50 feet wide; THENCE North 64 degrees 03 minutes 11 seconds
West 95.00 feet to the POINT OF BEGINNING of the herein described easement; THENCE South
28 degrees 46 minutes 35 seconds East 47.75 feet to a point; THENCE North 62 degrees 44
minutes 11 seconds West 9.31 feet to a point; THENCE North 28 degrees 52 minutes 45 seconds
East 3.59 feet to a point; THENCE North 40 degrees 36 minutes 31 seconds East 45.37 feet to the
POINT OF BEGINNING, EXCEPTING THEREFROM that portion covered by the existing
easements recorded in Deed Book 2373 Page 465 and Deed Book 2426 Page 273with said St.
Louis County, Missouri Recorder’s office.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
the above described sewer construction.
Parcel #9
A VARIABLE WIDTH SEWER EASEMENT across a tract of land being the East Part of Lot 2
in Block 5 of Old Orchard as recorded in Plat Book 03 Page 13 and being part of a tract of land
conveyed to Marion L. and Karen N. Cole by Deed Book 19967 Page 1860, all of the St. Louis
County, Missouri Recorder’s Office, being more particularly described as follows:
BEGINNING at the Northeast Corner of said East Part of Lot 2 in Block 5 of Old Orchard as
recorded in Plat Book 03 Page 13 of the St. Louis County, Missouri Recorder’s Office said point
also being on the Southern right-of-way line of Elmwood Avenue, 50 feet wide; THENCE South
30 degrees 41 minutes 26 seconds West 184.81 feet to a point; THENCE North 54 degrees 45
minutes 41 seconds West 16.21 feet to a point; THENCE North 42 degrees 48 minutes 07 seconds
East 53.19 feet to a point; THENCE North 30 degrees 41 minutes 26 seconds East 131.54 feet to
a point in the South line of said Elmwood Avenue 50 foot wide; THENCE along a curve to the
right an arc distance of 5.00 feet having a radius of 972.22 feet and a chord bearing of South 59
degrees 02 minutes 29 seconds West 5.00 feet to the POINT OF BEGINNING, EXCEPTING
THEREFROM that portion covered by the existing easements recorded in Deed Book 2373 Page
465 and Deed Book 2426 Page 273with said St. Louis County, Missouri Recorder’s office.
Also, A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT for use during the
construction of any sewer in the above described VARIABLE WIDTH SEWER EASEMENT,
said TEMPORARY CONSTRUCTION EASEMENT being more particularly described as
follows:
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT, COMMENCING at the
Northeast Corner of said East Part of Lot 2 in Block 5 of Old Orchard as recorded in Plat Book 03
Page 13 of the St. Louis County, Missouri Recorder’s Office said point also being on the Southern
right-of-way line of Elmwood Avenue, 50 feet wide; THENCE along a curve to the left an arc
distance of 5.00 feet having a radius of 972.22 feet and a chord bearing of North 59 degrees 02
minutes 29 seconds East to the POINT OF BEGINNING of the temporary easement herein
described; THENCE South 30 degrees 41 minutes 26 seconds West 131.54 feet to a point;
THENCE South 42 degrees 48 minutes 07 seconds West 53.19 feet to a point; THENCE North 54
degrees 45 minutes 41 seconds West 20.18 feet to a point; THENCE North 42 degrees 48 minutes
07 seconds East 53.73 feet to a point; THENCE North 30 degrees 41 minutes 26 seconds East
18.04 feet to a point; THENCE South 61 degrees 35 minutes 20 seconds East 16.53 feet to a point;
THENCE North 29 degrees 03 minutes 58 seconds East 21.64 feet to a point; THENCE North 60
degrees 39 minutes 18 seconds West 7.17 feet to a point; THENCE North 29 degrees 16 minutes
47 seconds East 48.45 feet to a point; THENCE North 61 degrees 32 minutes 10 seconds West
7.54 feet to a point; THENCE North 30 degrees 41 minutes 26 seconds East 40.96 feet to a point
in the Southern right-of-way line of said Elmwood Avenue 50 foot wide; Thence along a curve to
the right an arc distance of 20.00 feet having a radius of 972.22 feet and a chord bearing of South
59 degrees 46 minutes 41 seconds East to the POINT OF BEGINNING, EXCEPTING
THEREFROM that portion covered by the existing easements recorded in Deed Book 2373 Page
465 and Deed Book 2426 Page 273with said St. Louis County, Missouri Recorder’s office.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
the above described sewer construction.
Parcel #11
A VARIABLE WIDTH SEWER EASEMENT across a tract of land being part of Lot 13 in Block
10 of Old Orchard as recorded in Plat Book 03 Page 13 and being part of a tract of land conveyed
to Travis L. and Laura J. Smith by Deed Book 21646 Page 2106, all of the St. Louis County,
Missouri Recorder’s Office, being more particularly described as follows:
COMMENCING at the Northeast corner of said part of Lot 13 in Block 10 of Old Orchard as
recorded in Plat Book 03 Page 13 of the St. Louis County, Missouri Recorder’s Office said point
also being on the Western right-of-way line of Spring Avenue, 50 feet wide; THENCE along a
curve to the left an arc distance of 0.90 feet having a radius of 2176.25 feet and chord bearing of
South 1 degree 33 minutes 09 seconds West to a point; THENCE along a curve to the right an arc
distance of 24.70 feet having a radius of 293.55 feet having a chord bearing of South 0 degrees 17
minutes 08 seconds West to the POINT OF BEGINNING of the herein described easement;
THENCE continuing along said curve to the right an arc distance of 44.33 feet having a chord
bearing of South 7 degrees 01 minute 21 seconds West to a point; THENCE South 43 degrees 12
minutes 39 seconds West 152.23 feet to a point on the Northern right of way line of Elmwood Ave
50 feet wide; THENCE along a curve to the left an arc distance of 25.55 feet having a radius of
1022.22 feet having a chord bearing of North 25 degrees 28 minutes 48 seconds West to a point;
THENCE North 42 degrees 55 minutes 21 seconds East 192.27 feet to the POINT OF
BEGINNING.
Also, three (3) TEMPORARY CONSTRUCTION EASEMENTS for use during the construction
of any sewer in the above described VARIABLE WIDTH SEWER EASEMENT, said
TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as follows:
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 1
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT, BEGINNING at the
Northeast corner of said part of Lot 13 in Block 10 of Old Orchard as recorded in Plat Book 03
Page 13 of the St. Louis County, Missouri Recorder’s Office said point also being on the Western
right-of-way line of Spring Avenue, 50 feet wide; THENCE along a curve to the left an arc distance
of 0.90 feet having a radius of 2176.25 feet and chord bearing of South 1 degree 33 minutes 09
seconds West to a point; THENCE along a curve to the right an arc distance of 24.70 feet having
a radius of 293.55 feet having a chord bearing of South 0 degrees 17 minutes 08 seconds West to
a point; THENCE South 42 degrees 55 minutes 21 seconds West 133.76 feet to a point; THENCE
North 25 degrees 41 seconds 28 seconds East 67.29 feet to a point; THENCE North 42 degrees 57
minutes 37 seconds East 86.55 feet to a point in the Northern line of Part of LOT 13; THENCE
North 82 degrees 01 minutes 26 seconds West 3.11 feet to the POINT OF BEGINNING.
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 2
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT, COMMENCING at the
Northeast corner of said part of Lot 13 in Block 10 of Old Orchard as recorded in Plat Book 03
Page 13 of the St. Louis County, Missouri Recorder’s Office said point also being on the Western
right-of-way line of Spring Avenue, 50 feet wide; THENCE along a curve to the left an arc distance
of 0.90 feet having a radius of 2176.25 feet and chord bearing of South 1degree 33 minutes 09
seconds West to a point; THENCE along a curve to the right an arc distance of 24.70 feet having
a radius of 293.55 feet having a chord bearing of South 0 degrees 17 minutes 08 seconds West to
a point; THENCE South 42 degrees 55 minutes 21 seconds West 141.98 feet to the POINT OF
BEGINNING of the herein described easement; THENCE continuing South 42 degrees 55 minutes
21 seconds West 50.30 feet to a point in the Northern right of way line of Elmwood Ave 50 feet
wide; THENCE along a curve to the left an arc distance of 10.18 feet having a radius of 1022.22
feet having a chord bearing of North 57 degrees 28 minutes 52 seconds West to a point; THENCE
North 26 degrees 13 minutes 36 seconds East 45.21 feet to a point; THENCE North 68 degrees 04
minutes 24 seconds West 24.64 feet to the POINT OF BEGINNING.
A 5-FOOT-WIDE TEMPORARY CONSTRUCTION EASEMENT NO. 3
A 5-FOOT-WIDE TEMPORARY CONSTRUCTION EASEMENT adjoining and parallel to the
East line of the described VARIABLE SEWER EASEMENT, bounded on the north by the West
right of way line of Spring Avenue 50-foot-wide and on the south by the North right of way line
of Elmwood Avenue 50 foot wide.
TEMPORARY CONSTRUCTION EASEMENTS NO. 1, NO. 2 and NO. 3 will become null and
void upon completion of the above described sewer construction.
Parcel #19
A 10 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT across a tract of land being
part of Lots 5 and 6 in Block 3 of Old Orchard as recorded in Plat Book 03 Page 13 and being
part of a tract of land conveyed to Kimberly Cimarolli by Deed Book 22288 Page 1617, all of the
St. Louis County, Missouri Recorder’s Office, being more particularly described as follows:
BEGINNING at the Northwest corner of said part of Lots 5 and 6 in Block 3 of Old Orchard as
recorded in Plat Book 03 Page 13 of the St. Louis County, Missouri Recorder’s Office said point
being on the East right-of-way line of Spring Avenue 50 foot wide; THENCE South 82 degrees
01 minutes 26 seconds East 10.00 feet to a point; THENCE along a curve to the left an arc distance
of 60.01 feet having a radius of 2116.25 feet and a chord bearing of South 6 degrees 42 minutes
28 seconds West to a point; THENCE North 82 degrees 01 minutes 26 seconds West 10.01 feet to
a point in the East right-of-way line of Spring Avenue 50 foot wide; THENCE along a curve to
the right an arc distance of 60.01 feet having a radius of 2126.25 feet and a chord bearing of North
6 degrees 42 minutes 50 seconds East 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 appropriation of private property
rights as hereinabove set out.
The foregoing Ordinance was adopted on September 10, 2020.