HomeMy Public PortalAbout15504 Tulane-Wilbur Outfall Sanitary Relief Sewer (Weber Rd to Hildesheim Ave)(12239)ORDINANCE NO. 15504
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 Tulane-
Wilbur Outfall Sanitary Relief Sewer (Weber Rd to Hildesheim Ave) (12239) in the Village of
Wilbur Park, 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 Wilbur Park, Missouri within the Lemay/RDP 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 Tulane-Wilbur Outfall Sanitary Relief Sewer
(Weber Rd to Hildesheim Ave) (12239) hereinafter set forth, said easements and temporary
easements being more particularly described below:
Parcel #10
A 5 FEET WIDE SEWER EASEMENT and a 7.5 FEET WIDE SEWER EASEMENT across a
tract of land being Lot 17 of Jeffleigh Estates Plat 3 as recorded in Plat Book 114, Page 77 of the
St. Louis County Recorder’s Office, St. Louis County, Missouri and being more particularly
described as follows:
5 FEET WIDE SEWER EASEMENT (#1), BEGINNING at a point being the Southwest corner
of said Lot 17; THENCE Northerly along the Western line of said Lot 17 North 8 degrees 27
minutes 2 seconds East, a distance of 5.00 feet; THENCE leaving said Western line South 81
degrees 32 minutes 58 seconds East, a distance of 60.00 feet to the Eastern line of said Lot 17;
THENCE Southerly along said Eastern line South 8 degrees 27 minutes 2 seconds West, a distance
of 5.00 feet to the Southeast corner of said Lot 17; THENCE Westerly along the Southern line of
said Lot 17 North 81 degrees 32 minutes 58 seconds West, a distance of 60.00 feet to the POINT
OF BEGINNING. Excepting therefrom that portion covered by the existing easements recorded
in said Jeffleigh Estates Plat 3.
7.5 FEET WIDE SEWER EASEMENT (#2), BEGINNING at a point being the Northwest corner
of said Lot 17; THENCE Easterly along the Northern line of said Lot 17 South 81 degrees 32
minutes 58 seconds East, a distance of 60.00 feet to the Northeast corner of said Lot 17; THENCE
Southerly along the Eastern line of said Lot 17 South 8 degrees 27 minutes 2 seconds West, a
distance of 7.50 feet; THENCE leaving said Eastern line North 81 degrees 32 minutes 58 seconds
West, a distance of 60.00 feet to the Western line of said Lot 17; THENCE Northerly along the
Western line of said Lot 17 North 8 degrees 27 minutes 2 seconds East, a distance of 7.50 feet to
the POINT OF BEGINNING. Excepting therefrom that portion covered by the existing easements
recorded in said Jeffleigh Estates Plat 3.
Also, a 5 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the
construction of any sewer in the above described 5 FEET WIDE SEWER EASEMENT, said 5
FEET WIDE TEMPORARY CONSTRUCTION EASEMENT being more particularly described
as follows:
A 5 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT, COMMENCING at the
Southwest corner of said Lot 17; THENCE Northerly along the Western line of said Lot 17 North
8 degrees 27 minutes 2 seconds East, a distance of 5.00 feet to the POINT OF BEGINNING;
THENCE continuing along said Western line North 8 degrees 27 minutes 2 seconds East, a
distance of 5.00 feet; THENCE leaving said Western line South 81 degrees 32 minutes 58 seconds
East, a distance of 60.00 feet to the Eastern line of said Lot 17; THENCE Southerly along the
Eastern line of said Lot 17 South 8 degrees 27 minutes 2 seconds West, a distance of 5.00 feet;
THENCE North 81 degrees 32 minutes 58 seconds West, a distance of 60.00 feet to the POINT
OF BEGINNING. Excepting therefrom that portion covered by the existing easements recorded
in said Jeffleigh Estates Plat 3.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
the above described sewer construction.
Parcel #17
A 5 FEET WIDE SEWER EASEMENT across a tract of land being Lot 24 of Jeffleigh Estates
Plat 3 as recorded in Plat Book 114, Page 77 of the St. Louis County Recorder’s Office, St. Louis
County, Missouri and being more particularly described as follows:
5 FEET WIDE SEWER EASEMENT, BEGINNING at the Southernmost corner of said Lot 24;
THENCE Northwesterly along the Southwestern boundary of said Lot 24 along a curve to the left,
having a radius of 80.00 feet, with a chord bearing of North 36 degrees 27 minutes 32 seconds
West and a chord distance of 43.11 feet to the Northwestern line of said Lot 24; THENCE
Northeasterly along said Northwestern line North 37 degrees 54 minutes 42 seconds East, a
distance of 5.00 feet; THENCE leaving said Northwestern line along a curve to the right, having
a radius of 85.00 feet, with a chord bearing of South 36 degrees 27 minutes 32 seconds East and a
chord distance of 45.80 feet to the Southeastern line of said Lot 24; THENCE Southwesterly along
the said Southeastern line South 69 degrees 10 minutes 14 seconds West, a distance of 5.00 feet to
the POINT OF BEGINNING. Excepting therefrom that portion covered by the existing easements
recorded in said Jeffleigh Estates Plat 3.
Also, a VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT for use during the
construction of any sewer in the above described 5 FEET WIDE SEWER EASEMENT, said
VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT being more particularly
described as follows:
VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT, BEGINNING at the
Southeast corner of said Lot 24; THENCE Southwesterly along the Southeastern line of said Lot
24 South 69 degrees 10 minutes 14 seconds West, a distance of 104.42 feet; THENCE leaving said
Southeastern line along a curve to the left, having a radius of 85.00 feet, with a chord bearing of
North 36 degrees 27 minutes 32 seconds West and a chord distance of 45.80 feet to the
Northwestern line of said Lot 24;
THENCE Northeasterly along the Northwestern line of said Lot 24 North 37 degrees 54 minutes
42 seconds East, a distance of 5.00 feet; THENCE leaving said Northwestern line along a curve to
the right, having a radius of 90.00 feet, with a chord bearing of South 48 degrees 44 minutes 32
seconds East and a chord distance of 10.51 feet; THENCE South 45 degrees 23 minutes 46 seconds
East, a distance of 30.15 feet; THENCE North 69 degrees 10 minutes 14 seconds East, a distance
of 13.29 feet; THENCE South 35 degrees 52 minutes 48 seconds East, a distance of 7.29 feet;
THENCE North 54 degrees 7 minutes 12 seconds East, a distance of 27.11 feet; THENCE North
69 degrees 10 minutes 14 seconds East, a distance of 57.66 feet to the Eastern line of said Lot 24;
THENCE Southerly along the Eastern line of said lot 24 South 0 degrees 57 minutes 55 seconds
West, a distance of 10.77 feet to the POINT OF BEGINNING. Excepting therefrom that portion
covered by the existing easements recorded in said Jeffleigh Estates Plat 3.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
the above described sewer construction.
Parcel #72
A 5 FEET WIDE SEWER EASEMENT across a tract of land being part of Lot 10 of Wilbur Park
1st Addition as recorded in Plat Book 56, Page 5 of the St. Louis County Recorder’s Office, St.
Louis County, Missouri and being more particularly described as follows:
5 FEET WIDE SEWER EASEMENT, BEGINNING at a point being the Northwest corner of said
Lot 10; THENCE Easterly along the Northern line of said Lot 10 South 81 degrees 31 minutes 49
seconds East, a distance of 70.46 feet; THENCE Southerly along the Northeastern line of said Lot
10 South 40 degrees 1 minutes 32 seconds East, a distance of 7.55 feet; THENCE leaving said
Northeastern line North 81 degrees 31 minutes 49 seconds West, a distance of 76.11 feet to the
Western line of said Lot 10; THENCE Northerly along the Westerly line of said Lot 10 North 8
degrees 28 minutes 11 seconds East, a distance of 5.00 feet to the POINT OF BEGINNING.
Also, a 5 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the
construction of any sewer in above described 5 FEET WIDE SEWER EASEMENT, said 5 FEET
WIDE TEMPORARY CONSTRUCTION EASEMENT being more particularly described as
follows:
5 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT, COMMENCING at a point
being the Northwest corner of said Lot 10; THENCE Southerly along the Western line of said Lot
10 South 8 degrees 28 minutes 11 seconds West, a distance of 5.00 feet to the POINT OF
BEGINNING; THENCE leaving said Western line South 81 degrees 31 minutes 49 seconds East,
a distance of 76.11 feet to the Northeastern line of said Lot 10; THENCE Southerly along the
Northeastern line of said Lot 10 South 40 degrees 1 minutes 32 seconds East, a distance of 7.43
feet to the Eastern line of said Lot 10; THENCE Southerly along the Eastern line of said Lot 10
South 0 degrees 47 minutes 55 seconds West, a distance of 0.07 feet; THENCE leaving said
Eastern line North 81 degrees 31 minutes 49 seconds West, a distance of 81.68 feet; THENCE
Northerly along the Western line of said Lot 10 North 8 degrees 28 minutes 11 seconds East, a
distance of 5.00 feet to the POINT OF BEGINNING.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
the above described sewer construction.
Parcel #73
Two (2) 5 FEET WIDE SEWER EASEMENTS across a tract of land being part of Lot 9 of Wilbur
Park 1st Addition as recorded in Plat Book 56, Page 5 of the St. Louis County Recorder’s Office,
St. Louis County, Missouri and being more particularly described as follows:
5 FEET WIDE SEWER EASEMENT (#1), BEGINNING at a point being the Northwest corner
of said tract; THENCE Easterly along the Northern line of said Lot 9 South 81 degrees 31 minutes
49 seconds East, a distance of 50.00 feet to the Northeast corner of said Lot; THENCE Southerly
along the Eastern line of said Lot South 8 degrees 28 minutes 11 seconds West, a distance of 5.00
feet; THENCE leaving said Eastern line North 81 degrees 31 minutes 49 seconds West, a distance
of 50.00 feet to the Western line of said Lot 9 THENCE Northerly along said Western line North
8 degrees 28 minutes 11 seconds East, a distance of 5.00 feet; to the POINT OF BEGINNING.
5 FEET WIDE SEWER EASEMENT (#2), BEGINNING at a point being the Southwest corner
of said tract; THENCE Northerly along said Western line North 8 degrees 28 minutes 11 seconds
East, a distance of 5.00 feet; THENCE leaving said Western line South 81 degrees 31 minutes 49
seconds East, a distance of 20.82 feet to the Southeasterly line of said Lot 9; THENCE Westerly
along said Southeastern line South 52 degrees 40 minutes 11 seconds West, a distance of 6.97 feet
to the most Southerly corner of said Lot 9; THENCE Westerly along the Southern line of said Lot
9 North 81 degrees 31 minutes 49 seconds West, a distance of 15.96 feet to the POINT OF
BEGINNING. Excepting therefrom that portion covered by the existing easements recorded in
said Wilbur Park 1st Addition.
Also, a 5 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the
construction of any sewer in above described 5 FEET WIDE SEWER EASEMENT and 5 FEET
WIDE SEWER EASEMENT, said 5 FEET WIDE TEMPORARY CONSTRUCTION
EASEMENT being more particularly described as follows:
5 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT, COMMENCING at a point
being the Northeast corner of said tract; THENCE Southerly along the Eastern line of said Lot 9
South 8 degrees 28 minutes 11 seconds West, a distance of 5.00 feet to the POINT OF
BEGINNING; THENCE Southerly along the Eastern line of said Lot 9 South 8 degrees 28 minutes
11 seconds West, a distance of 5.00 feet; THENCE leaving said Eastern line North 81 degrees 31
minutes 49 seconds West, a distance of 50.00 feet to the Western line of said Lot 9; THENCE
Northerly along said Western line North 8 degrees 28 minutes 11 seconds East, a distance of 5.00
feet; THENCE leaving said Western line South 81 degrees 31 minutes 49 seconds East, a distance
of 50.00 feet to the POINT OF BEGINNING.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
the above described sewer construction.
Parcel #76
Two (2) 5 FEET WIDE SEWER EASEMENTS across a tract of land being part of Lot 6 of Wilbur
Park 1st Addition as recorded in Plat Book 56, Page 5 of the St. Louis County Recorder’s Office,
St. Louis County, Missouri and being more particularly described as follows:
5 FEET WIDE SEWER EASEMENT (#1), BEGINNING at a point being the Northwest corner
of said Lot 6; THENCE Easterly along the Northern line of said Lot 6 South 81 degrees 31 minutes
49 seconds East, a distance of 50.00 feet to the Northeast corner of said Lot 6; THENCE Southerly
along the Eastern line of said Lot 6 South 8 degrees 28 minutes 11 seconds West, a distance of
5.00 feet; THENCE leaving said Eastern line North 81 degrees 31 minutes 49 seconds West, a
distance of 50.00 feet to the Western line of said Lot 6; THENCE Northerly along the Western
line of said Lot 6 North 8 degrees 28 minutes 11 seconds East, a distance of 5.00 feet to the POINT
OF BEGINNING.
5 FEET WIDE SEWER EASEMENT (#2), BEGINNING at a point being the Southeast corner of
said Lot 6; THENCE Westerly along the Southern line of said Lot 6 North 81 degrees 31 minutes
49 seconds West, a distance of 50.00 feet to the Southwest corner of said Lot 6; THENCE
Northerly along the Western line of Lot 6 North 8 degrees 28 minutes 11 seconds East, a distance
of 5.00 feet; THENCE leaving said Western line South 81 degrees 31 minutes 49 seconds East, a
distance of 50.00 feet to the Eastern line of said Lot 6; THENCE Southerly along the Eastern line
of said Lot 6 South 8 degrees 28 minutes 11 seconds West, a distance of 5.00 feet to the POINT
OF BEGINNING. Excepting therefrom that portion covered by the existing easements recorded
in said Wilbur Park 1st Addition.
Also, a 5 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the
construction of any sewer in the above described 5 FEET WIDE SEWER EASEMENT and 5
FEET WIDE SEWER EASEMENT, said 5 FEET WIDE TEMPORARY CONSTRUCTION
EASEMENT being more particularly described as follows:
A 5 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT, COMMENCING at a point
being the Northwest corner of said Lot 6; THENCE Southerly along the Western line of said Lot
6 South 8 degrees 28 minutes 11 seconds West, a distance of 5.00 feet to the POINT OF
BEGINNING; THENCE leaving said Western line South 81 degrees 31 minutes 49 seconds East,
a distance of 50.00 feet to the Eastern line of said Lot 6; THENCE Southerly along the Eastern
line of said Lot 6 South 8 degrees 28 minutes 11 seconds West, a distance of 5.00 feet; THENCE
leaving the Eastern line of said Lot 6 North 81 degrees 31 minutes 49 seconds West, a distance of
50.00 feet to the POINT OF BEGINNING.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
the above described sewer construction.
Parcel #80
TWO (2) 5 FEET WIDE SEWER EASEMENTS across a tract of land being part of Lot 2 of
Wilbur Park 1ST Addition as recorded in Plat Book 56, Page 5 of the St. Louis County Recorder’s
Office, St. Louis County, Missouri and being more particularly described as follows:
5 FEET WIDE SEWER EASEMENT (#1), BEGINNING at a point being the Northwest corner
of said Lot 2, THENCE Easterly along the Northern line of said Lot 2 South 81 degrees 31 minutes
49 seconds East, a distance of 50.00 feet to the Northeast corner of said Lot 2; THENCE Southerly
along the Eastern line of said Lot 2 South 8 degrees 28 minutes 11 seconds West, a distance of
5.00 feet; THENCE leaving said Eastern line North 81 degrees 31 minutes 49 seconds West, a
distance of 50.00 feet to the Western line of said Lot 2; THENCE Northerly along the Western
line of said Lot 2 North 8 degrees 28 minutes 11 seconds East, a distance of 5.00 feet; to the POINT
OF BEGINNING.
5 FEET WIDE SEWER EASEMENT (#2), BEGINNING at a point being the Southeast corner of
said Lot 2; THENCE Westerly along the Southern line of said Lot 2 North 81 degrees 31 minutes
49 seconds West, a distance of 50.00 feet to the Southwest corner of said Lot 2; THENCE
Northerly along the Western line of said Lot 2 North 8 degrees 28 minutes 11 seconds East, a
distance of 5.00 feet, THENCE leaving said Western line South 81 degrees 31 minutes 49 seconds
East, a distance of 50.00 feet to the Eastern line of said Lot 2; THENCE Southerly along the
Eastern line of said Lot 2 South 8 degrees 28 minutes 11 seconds West, a distance of 5.00 feet to
the POINT OF BEGINNING. Excepting therefrom that portion covered by the existing easements
recorded in said Wilbur Park 1st Addition.
Also, a 5 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the
construction of any sewer in the above described 5 FEET WIDE SEWER EASEMENT (#1), said
5 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT being more particularly
described as follows:
5 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT, COMMENCING at a point
being the Northwest corner of said Lot 2; THENCE Southerly along the Western line of said Lot
2 South 8 degrees 28 minutes 11 seconds West, a distance of 5.00 feet to the POINT OF
BEGINNING; THENCE leaving said Western line South 81 degrees 31 minutes 49 seconds East,
a distance of 50.00 feet to the Eastern line of said Lot 2; THENCE Southerly along the Eastern
line of said Lot 2 South 8 degrees 28 minutes 11 seconds West, a distance of 5.00 feet; THENCE
North 81 degrees 31 minutes 49 seconds West, a distance of 50.00 feet to the Western line of said
Lot 2; THENCE Northerly along the Western line of said Lot 2 North 8 degrees 28 minutes 11
seconds East, a distance of 5.00 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 appropriation of private
property rights as hereinabove set out.
The foregoing Ordinance was adopted on October 8, 2020.