HomeMy Public PortalAbout15654 Carey Court 1664 Sanitary and Storm Replacement (12753)ORDINANCE NO. 15654
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 Carey Ct
1664 Sanitary and Storm Sewer Replacement (12753) in the City of Hazelwood, 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 Hazelwood, Missouri within the Bonfils 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 Carey Ct 1664 Sanitary and Storm Sewer
Replacement (12753) hereinafter set forth, said easements and temporary easements being more
particularly described below:
Parcel #1
Two (2) EASEMENTS across a tract of land being part of U.S. Survey 2039 in Township 47
North, Range 5 East and conveyed to Charles and Joyce Parson by Deed Book 6948 Page 1977 as
recorded with the St. Louis County Recorder’s Office, St. Louis County, Missouri and being more
particularly described as follows:
10 FEET WIDE SEWER EASEMENT (#1), COMMENCING at a point being the Southernmost
corner of said tract of land conveyed to Charles and Joyce Parson; THENCE Northeasterly along
the Southeastern line of said tract conveyed to Charles and Joyce Parson, North 51 degrees 46
minutes 22 seconds East 86.71 feet to the POINT OF BEGINNING of the herein described
centerline; THENCE leaving said Southeastern line North 10 degrees 35 minutes 40 seconds East
14.41 feet to a point; THENCE North 7 degrees 35 minutes 40 seconds East 92.00 feet to a point;
THENCE North 15 degrees 35 minutes 40 seconds East 77.36 feet to a point of curvature;
THENCE along a curve to the right an arc distance of 16.00 feet a radius of 40.74 feet and a chord
bearing North 26 degrees 50 minutes 52 seconds East; THENCE North 38 degrees 05 minutes 40
seconds East 30.42 feet to the POINT OF TERMINUS.
5 FEET WIDE SEWER EASEMENT (#2), COMMENCING at a point being the Southernmost
corner of said tract of land conveyed to Charles and Joyce Parson; THENCE Northeasterly along
the Southeastern line of said tract conveyed to Charles and Joyce Parson, North 51 degrees 46
minutes 22 seconds East 135.57 feet to the POINT OF BEGINNING of the herein described
centerline; THENCE along a line being 2.50 feet West and parallel with the West line of an existing
easement recorded in Deed Book 4273 Page 562 of said Recorder’s Office North 11 degrees 58
minutes 00 seconds East 162.01 feet to a point; THENCE along said parallel line North 42 degrees
28 minutes 00 seconds East 22.18 feet to the POINT OF TERMINUS.
ALSO a VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT for use during the
construction of any sewer in the above described SEWER EASEMENTS, said VARIABLE
WIDTH TEMPORARY CONSTRUCTION EASEMENT being more particularly described as
follows:
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT COMMENCING at a
point being the Southernmost corner of said tract conveyed to Charles and Joyce Parson; THENCE
Northeasterly along the Southeastern line of said Parson tract North 51 degrees 46 minutes 22
seconds East 32.17 feet to the POINT OF BEGINNING; THENCE North 5 degrees 46 minutes
02 seconds East 79.75 feet to a point; THENCE North 52 degrees 42 minutes 28 seconds West
121.50 feet to a point; THENCE North 7 degrees 02 minutes 09 seconds East 32.40 feet to a point;
THENCE North 74 degrees 27 minutes 22 seconds East 62.48 feet to a point; THENCE North 50
degrees 29 minutes 14 seconds East 205.45 feet to a point; THENCE South 38 degrees 13 minutes
38 seconds East 178.35 feet to a point on the Southeastern line of said Parson tract; THENCE
along said Southeastern line, South 51 degrees 46 minutes 22 seconds West 311.08 feet to the
POINT OF BEGINNING excepting therefrom the portion covered by the above described SEWER
EASEMENTS (#1 & 2), and excepting therefrom the portion covered by the existing easement
recorded in Deed Book 4273 Page 562 of said Recorder’s Office.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
the above described sewer construction.
Parcel #3
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT across a tract of land
being part of Lot 228 of Ville-Maria Plat Three by Plat Book 98 Page 74 as recorded with the St.
Louis County Recorder’s Office, St. Louis County, Missouri and conveyed to Allan Dougherty by
Deed Book 19637 Page 2004 as recorded with said Recorder’s Office and being more particularly
described as follows:
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT BEGINNING at the
most Southern corner of said Lot 228; THENCE along the Southwestern line of said Lot 228 North
36 degrees 19 minutes 38 seconds West 62.20 feet to a point; THENCE leaving said Southwestern
line North 11 degrees 19 minutes 25 seconds East 93.26 feet to a point; THENCE North 51 degrees
46 minutes 22 seconds East 11.77 feet to a point; THENCE South 65 degrees 50 minutes 21
seconds East 167.41 feet to a point on the right-of-way of Carey Court; THENCE along said right-
of-way, along a curve to the left having a radius of 50.00 feet and an arc length of 15.97 feet with
a chord that bears South 13 degrees 34 minutes 06 seconds West 15.90 feet to a point; THENCE
leaving said right-of-way North 70 degrees 30 minutes 56 seconds West 116.44 feet to a point;
THENCE South 16 degrees 06 minutes 41 seconds West 107.95 feet to the POINT OF
BEGINNING, excepting therefrom the portion covered by the existing easements recorded in said
Ville-Maria Plat Three.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
the above described sewer construction.
Parcel #5
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT across a tract of land
being part of Lot 230 of Ville-Maria Plat Three by Plat Book 98 Page 74 as recorded with the St.
Louis County Recorder’s Office, St. Louis County, Missouri and conveyed to Walter and
Lieselotte Cedra, Trustees by Deed Book 9268 Page 658 as recorded with said Recorder’s Office
and being more particularly described as follows:
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT BEGINNING at the
Northwestern corner of Lot 230 of said Ville-Maria Plat Three; THENCE along the Northern line
of said Lot 230 North 68 degrees 09 minutes 27 seconds East 50.09 feet to a point; THENCE
leaving said Northern line South 21 degrees 50 minutes 33 seconds East 20.00 feet to a point;
THENCE along a line 20.00 feet South and parallel to said Northern line South 68 degrees 09
minutes 27 seconds West 35.08 feet to a point; THENCE along a line 15.00 feet East and parallel
to the Western line of said Lot 230 South 21 degrees 52 minutes 03 seconds East 19.99 feet to a
point; THENCE South 68 degrees 07 minutes 57 seconds West 15.00 feet to a point on said
Western line; THENCE along said Western line North 21 degrees 52 minutes 03 seconds West
40.00 feet to the POINT OF BEGINNING, excepting therefrom the portion covered by the existing
easements recorded in said Ville-Maria Plat Three.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
the above described sewer construction.
Parcel #7
Two (2) EASEMENTS across a tract of land being part of U.S. Survey 2039 in Township 47
North, Range 5 East and conveyed to Sebrin Thompson by Deed Book 16291 Page 2999 as
recorded with the St. Louis County Recorder’s Office, St. Louis County, Missouri and being more
particularly described as follows:
10 FEET WIDE SEWER EASEMENT (#1), COMMENCING at a point being the Westernmost
corner of said Lot 228 of Ville-Maria Plat Three by Plat Book 98 Page 74 as recorded with the St.
Louis County Recorder’s Office, St. Louis County, Missouri; THENCE Southeasterly along the
Southwestern line of said Lot 228, South 36 degrees 19 minutes 38 seconds East 16.05 feet to the
POINT OF BEGINNING of the herein described centerline; THENCE leaving said Southwestern
line South 10 degrees 35 minutes 40 seconds West 36.84 feet to a point; THENCE along a curve
to the left having a radius of 40.74 feet an arc length of 16.00 feet and a chord that bears South 0
degrees 39 minutes 20 seconds East to a point; THENCE South 11 degrees 54 minutes 20 seconds
East 64.00 feet to a point; THENCE South 9 degrees 54 minutes 20 seconds East 109.26 feet to
the POINT OF TERMINUS being on the Southeastern line of said Thompson tract lying North 51
degrees 51 minutes 22 seconds East 111.32 feet from said Easternmost corner of said Thompson
tract.
5 FEET WIDE SEWER EASEMENT (#2), COMMENCING at a point being the Westernmost
corner of said Lot 228 of Ville-Maria Plat Three; THENCE Southeasterly along the Southwestern
line of said Lot 228, South 36 degrees 19 minutes 38 seconds East 58.63 feet to the POINT OF
BEGINNING of the herein described centerline; THENCE along a line being 2.50 feet West and
parallel with the West line of an existing easement recorded in Deed Book 4273 Page 565 of said
Recorder’s Office South 11 degrees 20 minutes 01 seconds West 22.30 feet to a point; THENCE
along said parallel line South 8 degrees 50 minutes 38 seconds East 153.11 feet to the POINT OF
TERMINUS being on the Southeastern line of said Thompson tract lying North 51 degrees 51
minutes 22 seconds East 87.18 feet from said Easternmost corner of said Thompson tract.
ALSO three (3) VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS for use
during the construction of any sewer in the above described SEWER EASEMENTS, said
VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS being more particularly
described as follows:
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT (#1) bounded on the
East by the West line of the 10 FEET WIDE SEWER EASEMENT (#1) described above; on the
Southeast by the Southeastern line of said Thompson tract; on the North by the Northwestern and
Northeastern lines of said Thompson tract; and on the West by a line COMMENCING at a point
being the Westernmost corner of said Lot 228 of Ville-Maria Plat Three; THENCE along the
Northwestern line of said Thompson tract South 51 degrees 46 minutes 22 seconds West 36.73
feet to the POINT OF BEGINNING; THENCE South 10 degrees 08 minutes 08 seconds West
60.39 feet to a point; THENCE South 84 degrees 10 minutes 16 seconds West 15.12 feet to a point;
THENCE South 14 degrees 30 minutes 40 seconds West 57.85 feet to a point; THENCE South 58
degrees 33 minutes 43 seconds East 60.69 feet to a point; THENCE South 4 degrees 27 minutes
21 seconds East 99.13 feet to a point on the Southeastern line of said Thompson tract lying North
51 degrees 51 minutes 22 seconds East 167.83 feet from the Easternmost corner of said Thompson
tract.
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT (#2) bounded on the
West by the East line of the 10 FEET WIDE SEWER EASEMENT (#1) described above; on the
Southeast by the Southeast line of said Thompson tract; on the East by the Western line of the 5
FEET WIDE SEWER EASEMENT (#2) described above; and on the Northeast by the Northeast
line of said Thompson tract.
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT (#3) bounded on the
East by a line COMMENCING at a point being the Westernmost corner of said Lot 228 of Ville-
Maria Plat Three; THENCE along the Northeastern line of said Thompson tract South 36 degrees
19 minutes 38 seconds East 105.37 feet to the POINT OF BEGINNING; THENCE South 15
degrees 58 minutes 10 seconds East 109.38 feet to the POINT OF TERMINUS being on the
Southeastern line of said Thompson tract lying North 51 degrees 51 minutes 22 seconds East 38.07
feet from the Easternmost corner of said Thompson tract; on the West by the East line of the 5
FEET WIDE SEWER EASEMENT (#2) described above; on the Southeast by the Southeast line
of said Thompson tract; and on the Northeast by the Northeast line of said Thompson tract;
excepting therefrom the portion covered by the existing easement recorded in Deed Book 4273
Page 565 of said Recorder’s Office.
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 May 13, 2021.