HomeMy Public PortalAbout15938 Florissant-Dunn Sanitary Relief (St. Anthony Lane to I-270) (12178)ORDINANCE NO. 15938
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
Florissant/Dunn Sanitary Relief (St. Anthony Ln to I-270) (12178) in Florissant, 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 Florissant, Missouri within the Coldwater Creek Watershed wherein numerous people live and
work; and
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 Florissant/Dunn Sanitary Relief (St. Anthony
Ln to I-270) (12178) hereinafter set forth, said easements being more particularly described below:
PARCEL #2
A 10 foot wide sewer easement across part of Lot B-2 of Duchesne Amended Plat Re-subdivision, a subdivision according to the plat thereof recorded in Plat Book 358, Page 429 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows:
10 FOOT WIDE SEWER EASEMENT
COMMENCING at the intersection of the Northwest corner of Lot 1, Block 7 of Amended Plat of Duchesne, a Subdivision according to the plat thereof recorded in Plat Book 42 Page 5 of the St. Louis County, Missouri Recorder’s Office and the South Right-of-Way line of Duchesne Drive,
(50 feet wide), said Point of Commencement also being on a curve; THENCE along the South
Right-of-Way line of said Duchesne Drive and along a curve to the left, having a radius of 693.00 feet, an arc distance of 55.78 feet and whose chord bears, South 77 degrees 21 minutes 32 seconds West, a distance of 55.76 feet to the ACTUAL POINT OF BEGINNING of the centerline of said 10 foot wide sewer easement; THENCE departing said South Right-of-Way line and along
said centerline the following courses and distances: South 13 degrees 47 minutes 41 seconds East,
a distance of 371.01 feet to a point, South 25 degrees 13 minutes 47 seconds East, a distance of 57.44 feet to a point, North 64 degrees 46 minutes 13 seconds East, a distance of 74.96 feet to a point and South 22 degrees 51 minutes 30 seconds East, a distance of 173.72 feet to the POINT OF ENDING of the centerline of said 10 foot wide sewer easement, said point being on the
Northwest line of Lot B-1 of said Duchesne Amended Plat Re-subdivision, said point also being
distant along said Northwest line, South 57 degrees 41 minutes 08 seconds West a distance of 36.65 feet from the Northeast corner thereof. Excepting therefrom those portions covered by the existing Easements recorded by Deed in Book 3724 Page 234, Book 5406 Page 546 and Book 7304 Page 1581 all being recorded in the St. Louis County, Missouri Recorder’s Office.
Also, two temporary construction easements for the use during the construction, in the above described sewer easement, said temporary construction easements being more particularly as follows:
TEMPORARY CONSTRUCTION EASEMENT NO. 1
COMMENCING at the Northeast corner of the aforementioned Lot B-1; THENCE along the Northwestern line of said Lot B-1, South 57 degrees 41 minutes 08 seconds West a distance of 41.72 feet to a point; Thence departing said Northwest line, North 22 degrees 51 minutes 30
seconds East, a distance of 154.33 feet to the ACTUAL POINT OF BEGINNING of the herein
described Temporary Construction Easement No. 1; THENCE South 64 degrees 46 minutes 13
seconds West, a distance of 89.13 feet to a point; THENCE North 25 degrees 13 minutes 47 seconds West, a distance of 79.44 feet to a point; THENCE North 70 degrees 29 minutes 16
seconds East, a distance of 15.07 feet to a point; THENCE South 25 degrees 13 minutes 47 seconds
East, a distance of 62.94 feet to a point; THENCE North 64 degrees 46 minutes 13 seconds East, a distance of 74.75 feet to a point; THENCE South 22 degrees 51 minutes 30 seconds East, a distance of 15.01 feet to the POINT OF BEGINNING. Excepting therefrom those portions covered by the existing Easements recorded by Deed in Book 3724 Page 234, Book 5406 Page
546 and Book 7304 Page 1581 all being recorded in the St. Louis County, Missouri Recorder’s
Office. TEMPORARY CONSTRUCTION EASEMENT NO. 2
COMMENCING at the Northeast corner of the aforementioned Lot B-1; THENCE along the
Northwestern line of said Lot B-1, South 57 degrees 41 minutes 08 seconds West a distance of 31.58 feet to a point; Thence departing said Northwest line, North 22 degrees 51 minutes 30 seconds East, a distance of 153.08 feet to the ACTUAL POINT OF BEGINNING of the herein described Temporary Construction Easement No. 2; THENCE North 22 degrees 51 minutes 30
seconds West, a distance of 25.02 feet to a point; THENCE South 64 degrees 46 minutes 13
seconds West, a distance of 75.17 feet to a point; THENCE North 25 degrees 13 minutes 47 seconds West, a distance of 51.94 feet to a point; THENCE North 70 degrees 29 minutes 16 seconds East, a distance of 15.07 feet to a point; THENCE South 25 degrees 13 minutes 47 seconds East, a distance of 35.43 feet to a point; THENCE North 64 degrees 46 minutes 13 seconds East,
a distance of 75.80 feet to a point; THENCE South 22 degrees 51 minutes 30 seconds East, a
distance of 40.03 feet to a point; THENCE South 64 degrees 46 minutes 13 seconds West, a distance of 15.01 feet to the POINT OF BEGINNING. Excepting therefrom those portions covered by the existing Easements recorded by Deed in Book 3724 Page 234, Book 5406 Page 546 and Book 7304 Page 1581 all being recorded in the St. Louis County, Missouri Recorder’s
Office.
PARCEL #3 A 10 foot wide permanent sewer easement across part of Lots 116 and 117 of St. Ferdinand
Commons, a subdivision according to the plat thereof recorded in Plat Book 5, Page 279 of the
St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: 10 FOOT WIDE PERMANENT SEWER EASEMENT
COMMENCING at the intersection of the Southwest corner of Lot 14, Block 7 of Amended Plat
of Duchesne, a Subdivision according to the plat thereof recorded in Plat Book 42 Page 5 of the St. Louis County, Missouri Recorder’s Office and the West line of Lot 1 of CVS at New Florissant and Dunn Consolidation Plat, according to the plat thereof recorded in Plat Book 362 Page 406 of the St. Louis County, Missouri Recorder’s Office; THENCE along the West line of said Lot 1,
South 04 degrees 34 minutes 54 seconds West, a distance of 14.29 feet to the ACTUAL POINT OF BEGINNING of the centerline of said 10 foot wide permanent sewer easement; THENCE departing the East line of said Lot 1, South 22 degrees 26 minutes 23 seconds East, a distance of 49.07 feet to a point; THENCE South 21 degrees 16 minutes 09 seconds East, a distance of 52.64 feet to the POINT OF ENDING of the centerline of said 10 foot wide permanent sewer easement,
said point being on the North Right-of-Way line of Dunn Road (Old U.S. Highway 66) (Width
varies), said point also being distant along said North Right-of-Way line of Dunn Road, South 85
degrees 21 minutes 06 seconds East, a distance of 45.25 feet from the Southeast corner of said Lot 1 of CVS at Florissant and Dunn Consolidation Plat.
Also, two temporary construction easements for the use during the construction, in the above described permanent sewer easement, said temporary construction easements being more particularly as follows:
TEMPORARY CONSTRUCTION EASEMENT NO. 1
COMMENCING at the intersection of the Southwest corner of said Lot 14, Block 7 of Amended Plat of Duchesne and the West line of said Lot 1 of CVS at New Florissant and Dunn Consolidation Plat; THENCE along the West line of said Lot 1, South 04 degrees 34 minutes 54 seconds West,
a distance of 25.29 feet to the ACTUAL POINT OF BEGINNING of the herein described
Temporary Construction Easement No. 1; THENCE departing the East line of said Lot 1, South 22 degrees 26 minutes 23 seconds East, a distance of 39.21 feet to a point; THENCE South 21 degrees 16 minutes 09 seconds East, a distance of 50.16 feet to a point on the North Right-of-Way line of Dunn Road (Old U.S. Highway 66) (Width varies); THENCE along said North Right-of-
Way line, North 85 degrees 21 minutes 06 seconds West, a distance of 39.69 feet to the Southeast
corner of said Lot 1 of CVS at Florissant and Dunn Consolidation Plat; THENCE along the East line of said Lot 1, North 04 degrees 34 minutes 54 seconds East, a distance of 80.03 to the POINT OF BEGINNING.
TEMPORARY CONSTRUCTION EASEMENT NO. 2
BEGINNING at the intersection of the Southwest corner of said Lot 14, Block 7 of Amended Plat of Duchesne and the West line of said Lot 1 of CVS at New Florissant and Dunn Consolidation Plat; THENCE along the Southeastern line of said Lot 14, North 57 degrees 22 minutes 28 seconds
East, a distance of 13.73 feet to a point; THENCE departing said Southeastern line of Lot 14, South
22 degrees 26 minutes 23 seconds East, a distance of 64.42 feet to a point; THENCE South 21 degrees 16 minutes 09 seconds East, a distance of 62.57 feet to a point on the North Right-of-Way line of Dunn Road (Old U.S. Highway 66) (Width varies); THENCE along said North Right-of-Way line, North 85 degrees 21 minutes 06 seconds West, a distance of 16.68 feet to a point;
THENCE departing said North Right-of-Way line, North 21 degrees 16 minutes 09 seconds West,
a distance of 55.13 feet to a point; THENCE North 22 degrees 26 minutes 23 seconds West, a distance of 58.92 feet to a point on the East line of said Lot 1 of CVS at New Florissant and Dunn Consolidation Plat; THENCE along said East line, North 04 degrees 34 minutes 54 seconds East, a distance of 3.28 feet to the POINT OF BEGINNING.
PARCEL #4 A 10 foot wide sewer easement across part of Lot 1 of CVS at New Florissant and Dunn Consolidation Plat, according to the plat thereof recorded in Plat Book 362, Page 406 of the St.
Louis County, Missouri Recorder’s Office, being more particularly described as follows:
10 FOOT WIDE SEWER EASEMENT COMMENCING at the intersection of the most Northern corner of said Lot 1 and the West line
of Lot 10, Block 7 of Amended Plat of Duchesne, a Subdivision according to the plat thereof
recorded in Plat Book 42 Page 5 of the St. Louis County, Missouri Recorder’s Office; THENCE
departing the West line of said Lot 10 and along the North line of said Lot 1, South 57 degrees 41 minutes 08 seconds West, a distance of 36.65 feet to the ACTUAL POINT OF BEGINNING of
the centerline of said 10 foot wide sewer easement; THENCE departing the North line of said Lot
1, South 22 degrees 51 minutes 30 seconds East, a distance of 296.40 feet to a point; THENCE South 22 degrees 26 minutes 23 seconds East, a distance of 17.97 feet to the POINT OF ENDING of the centerline of said 10 foot wide sewer easement, said point being on the East line of said Lot 1, said point also being distant along the East line of said Lot 1, South 04 degrees 34 minutes 54
seconds West, a distance of 73.22 feet from the Easternmost corner of said Lot 1 of CVS at
Florissant and Dunn Consolidation Plat. Excepting therefrom those portions covered by the existing easements recorded by Deed in Book 3724 Page 234, Book 5406 Page 546 and Book 7304 Page 1581, all being recorded in the St. Louis County, Missouri Recorder’s Office.
10 FOOT WIDE SEWER EASEMENT
COMMENCING at the Easternmost corner of said Lot 1; THENCE along the East line of said Lot 1, South 04 degrees 34 minutes 54 seconds West, a distance of 73.22 feet to a point; THENCE departing the East line of said Lot 1, North 22 degrees 26 minutes 23 seconds West, 17.97 feet to
the ACTUAL POINT OF BEGINNING of the herein described centerline of said 10 foot wide
sewer easement; THENCE South 67 degrees 08 minutes 30 seconds West, a distance of 12.33 feet to the POINT OF ENDING. Excepting therefrom those portions covered by the existing easements recorded by Deed in Book 3724 Page 234, Book 5406 Page 546 and Book 7304 Page 1581, all being recorded in the St. Louis County, Missouri Recorder’s Office.
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 July 14, 2022