HomeMy Public PortalAbout15503 White and Rosale II Reduction Bridgeport Sewer Separation (11212)ORDINANCE NO. 15503
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 White and
Rosalie I/I Reduction and Bridgeport Sewer Separation (11212) in the City of Brentwood,
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 Brentwood, 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 White and Rosalie I/I Reduction and Bridgeport
Sewer Separation (11212) hereinafter set forth, said easements and temporary easements being
more particularly described below:
Parcel #14
A TEMPORARY CONSTRUCTION EASEMENT through property conveyed to DCS Sky High,
LLC #144333 by deed recorded in Book 17915, Page 3391 of the St. Louis County Recorder’s
Office, and being Lots 1 and 2 , Block 2 of “Convenient Homesites” as recorded in Plat Book 26,
Page 69 of the St. Louis County Recorder’s Office, in Section 21, Township 45 North – Range 6
East, St. Louis County, Missouri and being more particularly described as follows:
The East 16 feet of said Lots 1 and 2, Block 2 of “Convenient Homesites”.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
the sewer construction associated with MSD Project No. 11212, White and Rosalie storm sewer
improvements.
Parcel #16
A TEMPORARY CONSTRUCTION EASEMENT through property conveyed to 2240 SBB, LLC
by deed recorded in Book 23030, Page 2973 of the St. Louis County Recorder’s Office, and being
Lot 3 and part of Lot 4 , Block 2 of “Convenient Homesites” as recorded in Plat Book 26, Page 69
of the St. Louis County Recorder’s Office, in Section 21, Township 45 North – Range 6 East, St.
Louis County, Missouri and being more particularly described as follows:
The East 16 feet of said Lot 3 and the East 16 feet of the South 27 feet of said Lot 4, Block 2 of
“Convenient Homesites”.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
the sewer construction associated with MSD Project No. 11212, White and Rosalie storm sewer
improvements.
Parcel #18
A TEMPORARY CONSTRUCTION EASEMENT through property conveyed to Retiro, LLC by
deed recorded in Book 22686, Page 1000 of the St. Louis County Recorder’s Office, and being
Lots 5, 6 and part of Lot 4 , Block 2 of “Convenient Homesites” as recorded in Plat Book 26, Page
69 of the St. Louis County Recorder’s Office, in Section 21, Township 45 North – Range 6 East,
St. Louis County, Missouri and being more particularly described as follows:
The East 16 feet of said Lots 5 and 6 and the East 16 feet of the North 13 feet of said Lot 4, Block
2 of “Convenient Homesites”.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
the sewer construction associated with MSD Project No. 11212, White and Rosalie storm sewer
improvements.
Parcel #22
A 15.00 FEET WIDE EASEMENT through property conveyed to Howe Properties, Inc. by deed
recorded in Book 11233, Page 2273 of the St. Louis County Recorder’s Office and being Lot 4,
Block 3 of “Convenient Homesites” as recorded in Plat Book 26, Page 69 of the St. Louis County
Recorder’s Office, and being the East One-Half of a 15 feet wide alley vacated in Deed Book
12593, Page 757 of the St. Louis County Recorder’s Office in Section 21, Township 45 North –
Range 6 East, St. Louis County, Missouri and being more particularly described as follows:
BEGINNING at a point on the South line of White Avenue, 50 feet wide, being the North line of
said Lot 4, being distant South 89 degrees 38 minutes 00 seconds East 31.86 feet from the
centerline of said vacated alley and being the POINT OF BEGINNING of the herein described
center line of said 15.00 FEET WIDE EASEMENT; THENCE South 0 degrees 23 minutes 00
seconds West 129.90 feet to the South line of said Lot 4 and being the POINT OF TERMINUS.
TEMPORARY CONSTRUCTION EASEMENT #1
A TEMPORARY CONSTRUCTION EASEMENT through property conveyed to Howe
Properties, Inc. by deed recorded in Book 11233, Page 2273 of the St. Louis County Recorder’s
Office and being Lot 4, Block 3 of “Convenient Homesites” as recorded in Plat Book 26, Page 69
of the St. Louis County Recorder’s Office, and being the East One-Half of a 15 feet wide alley
vacated in Deed Book 12593, Page 757 of the St. Louis County Recorder’s Office in Section 21,
Township 45 North – Range 6 East, St. Louis County, Missouri and being more particularly
described as follows:
BEGINNING at a point on the South line of White Avenue, 50 feet wide, being the North line of
said Lot 4, being distant South 89 degrees 38 minutes 00 seconds East 18.86 feet from the
centerline of said vacated alley; Thence South 89 degrees 38 minutes 00 seconds East 5.00 feet
along said South line of White Avenue to a point; THENCE South 0 degrees 23 minutes 00 seconds
West 129.90 feet to the South line of said Lot 4; Thence North 89 degrees 38 minutes 00 seconds
West 2.00 feet along said South line of Lot 4 to a point; THENCE North 0 degrees 23 minutes 00
seconds East 1.00 feet to a point; Thence North 89 degrees 37 minutes 00 seconds West 3.00 feet
to a point; THENCE North 0 degrees 23 minutes 00 seconds East 98.71 feet to a point, THENCE
North 90 degrees 00 minutes 00 seconds West 18.84 feet to the centerline of a 15 feet wide alley
vacated in Deed Book 12593, Page 757 of the St. Louis County Recorder’s Office; THENCE
North 0 degrees 21 minutes 00 seconds East 15.00 feet along said centerline to a point; THENCE
North 90 degrees 00 minutes 00 seconds East 18.85 feet to a point; THENCE North 0 degrees 23
minutes 00 seconds East 15.19 feet to the POINT OF BEGINNING.
TEMPORARY CONSTRUCTION EASEMENT #2
A TEMPORARY CONSTRUCTION EASEMENT through property conveyed to Howe
Properties, Inc. by deed recorded in Book 11233, Page 2273 of the St. Louis County Recorder’s
Office and being Lot 4, Block 3 of “Convenient Homesites” as recorded in Plat Book 26, Page 69
of the St. Louis County Recorder’s Office, and being the East One-Half of a 15 feet wide alley
vacated in Deed Book 12593, Page 757 of the St. Louis County Recorder’s Office in Section 21,
Township 45 North – Range 6 East, St. Louis County, Missouri and being more particularly
described as follows:
BEGINNING at a point on the South line of White Avenue, 50 feet wide, being the Northeast
corner of said Lot 4; THENCE North 0 degrees 21 minutes 00 seconds East 30.00 feet along the
East line of said Lot 4 to a point; Thence North 89 degrees 38 minutes 00 seconds West 3.66 feet
to a point; THENCE South 0 degrees 23 minutes 00 seconds West 99.90 feet to the South line of
said Lot 4; Thence North 89 degrees 38 minutes 00 seconds West 5.00 feet along said South line
of Lot 4; THENCE North 0 degrees 23 minutes 00 seconds East 129.90 feet to said South line of
White Avenue; Thence South 89 degrees 38 minutes 00 seconds East 8.64 feet along said South
line to the POINT OF BEGINNING.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
the sewer construction associated with MSD Project No. 11212, White and Rosalie storm sewer
improvements.
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.