HomeMy Public PortalAbout15626 South Broadway at Meramec Combined Sewer Replacement (10756)ORDINANCE NO. 15626
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 South
Broadway at Meramec Combined Sewer Replacement (10756) in the City of St. Louis, 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 the City of St. Louis, Missouri within the Dakota 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 South Broadway at Meramec Combined Sewer
Replacement (10756) hereinafter set forth, said easements and temporary easements being more
particularly described below:
Parcel #1
A TEMPORARY CONSTRUCTION EASEMENT through property conveyed to Mustang
Capital, LLC by deed recorded in Book 01252018, Page 0004 of the St. Louis City Recorder’s
Office, being part of Block 2619 of the City of St. Louis, Missouri and being more particularly
described as follows:
BEGINNING at a point on the Southeast line of Broadway, 100 feet wide, being the most Western
corner of said Mustang Capital, LLC property; Thence North 39 degrees 32 minutes 18 seconds
East 80.54 feet along said Southeast line of Broadway to a point; THENCE South 57 degrees 02
minutes 59 seconds East 171.66 feet to a point; Thence South 81 degrees 02 minutes 53 seconds
East 74.17 feet to a point; THENCE South 08 degrees 45 minutes 04 seconds East 30.24 feet to
the South line of said Mustang Capital, LLC. property; Thence along said South line the following
courses and distances: North 81 degrees 11 minutes 33 seconds West 155.08 feet, North 08 degrees
48 minutes 27 seconds East 30.00 feet and North 81 degrees 11 minutes 33 seconds West 126.01
feet to the POINT OF BEGINNING.
Excepting Therefrom
That part of Meramec Street, 60 feet wide, as vacated by Ordinance #61298.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
the sewer construction associated with MSD Project No. 10756, South Broadway at Meramec
Combine Sewer Replacement.
Parcel #3
A 10.00 FEET WIDE EASEMENT through property conveyed to Hardee’s Restaurants, LLC by
deed recorded in Book 04052013, Page 0113 of the St. Louis City Recorder’s Office, being part
of Block 2663 of the City of St. Louis, Missouri and being more particularly described as follows:
BEGINNING at a point on the Southeast line of Broadway, 100 feet wide, being distant South 39
degrees 32 minutes 18 seconds West 34.52 feet from the Northwest corner of said to Hardee’s
Restaurants, LLC property and being the POINT OF BEGINNING of the herein described center
line of said 10.00 FEET WIDE EASEMENT; THENCE South 80 degrees 52 minutes 54 seconds
East 239.69 feet to a point; THENCE South 84 degrees 32 minutes 22 seconds East 48.19 feet to
the Northwest line of Missouri Interstate Highway 55 and being the POINT OF TERMINUS.
Excepting Therefrom
That part a 10 feet wide Easement to Metropolitan St. Louis Sewer District recorded in Deed Book.
9102, Page 151 and a 10 feet wide Easement to Metropolitan St. Louis Sewer District recorded in
Deed Book. 9113, Page 594 of the St. Louis City Recorder’s Office.
Also, Excepting Therefrom
That part of Meramec Street, 60 feet wide, as vacated by Ordinance #61298.
TEMPORARY CONSTRUCTION EASEMENT #1
A TEMPORARY CONSTRUCTION EASEMENT through property conveyed to Hardee’s
Restaurants, LLC by deed recorded in Book 04052013, Page 0113 of the St. Louis City Recorder’s
Office, being part of Block 2663 of the City of St. Louis, Missouri and being more particularly
described as follows:
COMMENCING at a point on the Southeast line of Broadway, 100 feet wide, being the Northwest
corner of said Hardee’s Restaurants, LLC property; THENCE South 81 degrees 11 minutes 33
seconds East 83.89 feet along the North line of said Hardee’s Restaurants, LLC. property to the
ACTUAL POINT OF BEGINNING; THENCE South 81 degrees 11 minutes 33 seconds East
215.04 feet along the North line of said Hardee’s Restaurants, LLC property to the Northwest line
of Missouri Interstate Highway 55; THENCE South 54 degrees 25 minutes 42 seconds West 32.65
feet along said Northwest line of Missouri Interstate Highway 55 to a point; THENCE North 84
degrees 32 minutes 22 seconds West 53.78 feet to a point; THENCE North 80 degrees 52 minutes
54 seconds West 137.07 feet to a point; THENCE North 09 degrees 29 minutes 42 seconds East
17.82 feet to a point; THENCE North 04 degrees 44 minutes 17 seconds West 5.08 feet to the
ACTUAL POINT OF BEGINNING.
Excepting Therefrom
That part of Meramec Street, 60 feet wide, as vacated by Ordinance #61298.
TEMPORARY CONSTRUCTION EASEMENT #2
A TEMPORARY CONSTRUCTION EASEMENT through property conveyed to Hardee’s
Restaurants, LLC by deed recorded in Book 04052013, Page 0113 of the St. Louis City Recorder’s
Office, being part of Block 2663 of the City of St. Louis, Missouri and being more particularly
described as follows:
BEGINNING at a point on the Southeast line of Broadway, 100 feet wide, being distant South 39
degrees 32 minutes 18 seconds West 40.32 feet from the Northwest corner of said to Hardee’s
Restaurants, LLC property; THENCE South 80 degrees 52 minutes 54 seconds East 242.78 feet
to a point; THENCE South 84 degrees 32 minutes 22 seconds East 43.97 feet to the Northwest line
of Missouri Interstate Highway 55; THENCE South 41 degrees 27 minutes 58 seconds West 34.53
feet along said Northwest line of Missouri Interstate Highway 55 to a point; THENCE North 50
degrees 33 minutes 56 seconds West 46.14 feet to a point; THENCE North 83 degrees 30 minutes
16 seconds West 2.00 feet to a point; THENCE South 82 degrees 34 minutes 10 seconds West
1.24 feet to a point; THENCE South 64 degrees 54 minutes 48 seconds West 1.75 feet to a point;
THENCE South 44 degrees 16 minutes 17 seconds West 0.61 feet to a point; THENCE North 80
degrees 52 minutes 54 seconds West 226.31 feet to the aforesaid Southeast line of Broadway;
THENCE North 39 degrees 32 minutes 18 seconds East 5.80 feet to the POINT OF BEGINNING.
Excepting Therefrom
That part a 10 feet wide Easement to Metropolitan St. Louis Sewer District recorded in Deed Book.
9102, Page 151 and a 10 feet wide Easement to Metropolitan St. Louis Sewer District recorded in
Deed Book. 9113, Page 594 of the St. Louis City Recorder’s Office.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
the sewer construction associated with MSD Project No. 10756, South Broadway at Meramec
Combine Sewer Replacement
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 March 11, 2021.