HomeMy Public PortalAbout16150 GC-06 Gravois Creek to Briarstone & Gates Sanitary Relief Phase II (12157)ORDINANCE NO. 16150
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 GC-06
Gravois Creek to Briarstone & Gates Sanitary Relief Phase II (12157) in the Cities of Sunset Hills
and Unincorporated St. Louis County, 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 Sunset Hills and Unincorporated St. Louis County, Missouri within the Gravois 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 GC-06 Gravois Creek to Briarstone & Gates
Sanitary Relief Phase II (12157) hereinafter set forth, said easements being more particularly
described below:
PARCEL #19 A VARIABLE WIDTH SEWER EASEMENT across a tract of land being Lot A of the Boundary Adjustment Plat of a Tract of Land Being Part of the Southwest Quarter of the Northwest Quarter
and Part of the Northwest Quarter of the Southwest Quarter of Section 20, Township 44 North,
Range 6 East of the 5th Principal Meridian as recorded in Plat Book 348, Page 725 of the St. Louis County Recorder’s Office, St. Louis County, Missouri and conveyed to Exchangeright New Leased Portfolio 16 DST by Deed Book 22558, Page 1703 as recorded with the St. Louis County Recorder’s Office, St. Louis County, Missouri and being more particularly described as follows:
COMMENCING at the Southwestern corner of Lot A of the Boundary Adjustment Plat of a Tract of Land Being Part of the Southwest Quarter of the Northwest Quarter and Part of the Northwest Quarter of the Southwest Quarter of Section 20, Township 44 North, Range 6 East of the 5th Principal Meridian as recorded in Plat Book 348, Page 725 of the St. Louis County Recorder’s
Office, St. Louis County, Missouri; THENCE Northeasterly along the Southern line of said Lot
A, North 73 degrees 02 minutes 02 seconds East a distance of 132.34 feet to the POINT OF BEGINNING of the herein described VARIABLE WIDTH SEWER EASEMENT; THENCE Northwesterly leaving said Southern line, North 39 degrees 55 minutes 39 seconds West a distance of 13.35 feet to a point; THENCE Northeasterly, North 50 degrees 04 minutes 21 seconds East a
distance of 10.00 feet to a point; THENCE Southeasterly, South 39 degrees 55 minutes 39 seconds
East a distance of 17.58 feet to a point on the Southern line of said Lot A; THENCE Southwesterly along said Southern line, South 73 degrees 02 minutes 02 seconds West a distance of 10.86 feet to the POINT OF BEGINNING. Excepting therefrom those portions covered by the existing easements recorded in Book 5764, Page 226 and Book 5727, Page 220 of said Recorder’s Office.
Also, A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT for use during the construction of any sewer in the above described VARIBLE WIDTH SEWER EASEMENT, said TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows:
COMMENCING at the Southwestern corner of Lot A of the Boundary Adjustment Plat of a Tract
of Land Being Part of the Southwest Quarter of the Northwest Quarter and Part of the Northwest Quarter of the Southwest Quarter of Section 20, Township 44 North, Range 6 East of the 5th Principal Meridian as recorded in Plat Book 348, Page 725 of the St. Louis County Recorder’s Office, St. Louis County, Missouri; THENCE Northeasterly along the Southern line of said Lot
A, North 73 degrees 02 minutes 02 seconds East a distance of 116.05 feet to the POINT OF
BEGINNING of the herein described TEMPORARY CONSTRUCTION EASEMENT; THENCE Northwesterly leaving said Southern line, North 39 degrees 55 minutes 39 seconds West a distance
of 21.99 feet to a point; THENCE Northeasterly, North 50 degrees 04 minutes 21 seconds East a distance of 40.00 feet to a point; THENCE Southeasterly, South 39 degrees 55 minutes 39 seconds
East a distance of 38.94 feet to a point on the Southern line of said Lot A; THENCE Southwesterly
along said Southern line, South 73 degrees 02 minutes 02 seconds West a distance of 16.29 feet to a point, THENCE leaving said Southern line Northwesterly, North 39 degrees 55 minutes 39 seconds West a distance of 17.58 feet to a point; THENCE Southwesterly, South 50 degrees 04 minutes 21 seconds West a distance of 10.00 feet to a point; THENCE Southeasterly, South 39
degrees 55 minutes 39 seconds East a distance of 13.35 feet to a point on the Southern line of said
Lot A; THENCE Southwesterly along said Southern line, South 73 degrees 02 minutes 02 seconds West a distance of 16.29 feet to the POINT OF BEGINNING. Excepting therefrom those portions covered by the existing easements recorded in Book 5764, Page 226 and Book 5727, Page 220 of said Recorder’s Office.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above-described sewer construction. PARCEL #28
A 10-FOOT WIDE SEWER EASEMENT across a tract of land being Lot 3 of Westminster Estates as recorded in Plat Book 58, Page 36 of the St. Louis County Recorder’s Office, St. Louis County, Missouri and conveyed to Caby Family Trust by Deed Book 22460, Page 2038 as recorded with the St. Louis County Recorder’s Office, St. Louis County, Missouri and being more particularly
described as follows:
COMMENCING at the Northwestern corner of Lot 3 of Westminster Estates as recorded in Plat Book 58, Page 36 of the St. Louis County Recorder’s Office, St. Louis County, Missouri; THENCE Southeasterly along the Western line of said Lot 3, South 13 degrees 02 minutes 51
seconds East a distance of 25.00 feet to the POINT OF BEGINNING of the herein described
centerline of said 10-FOOT WIDE SEWER EASEMENT; THENCE Northeasterly leaving said Western line, North 77 degrees 49 minutes 08 seconds East a distance of 102.61 feet to a point on the Eastern line of said Lot 3, said point being the POINT OF TERMINUS. Excepting therefrom those portions covered by the existing easements recorded in Plat Book 58 Page 36 of said
Recorder’s Office.
Also, two (2) TEMPORARY CONSTRUCTION EASEMENTS for use during the construction of any sewer in the above described 10-FOOT WIDE SEWER EASEMENT, said TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as follows:
A 20-FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT NO. 1 adjoining the North line of the described 10.00-FOOT-WIDE SEWER EASEMENT, bounded on the West by the West line of said tract, and bounded on the East by the East line of said tract. Excepting therefrom those portions covered by the existing easements recorded in Plat Book 58 Page 36 of said Recorder’s
Office.
A 15-FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT NO. 2 adjoining the South line of the described 10.00-FOOT-WIDE SEWER EASEMENT, bounded on the West by the West line of said tract and bounded on the East by the East line of said tract. Excepting therefrom those
portions covered by the existing easements recorded in Plat Book 58 Page 36 of said Recorder’s
Office.
TEMPORARY CONSTRUCTION EASEMENTS NO. 1 and NO. 2 will become null and void upon completion of the above-described sewer construction.
PARCEL #32 A VARIABLE WIDTH SEWER EASEMENT across a tract of land being part of Lot 1 of Ington Subdivision as recorded in Plat Book 49, Page 45 of the St. Louis County Recorder’s Office,
St. Louis County, Missouri and conveyed to Exchangeright Net Leased Portfolio by Deed Book
13639, Page 0576 as recorded with the St. Louis County Recorder’s Office, St. Louis County, Missouri and being more particularly described as follows: COMMENCING at the Northwestern corner of Lot 1 of Ington Subdivision as recorded in Plat
Book 49, Page 45 of the St. Louis County Recorder’s Office, said corner also being the intersection
of the Eastern right-of-way of Sappington Road 80 feet wide and the Northern line of said tract; THENCE Southwesterly along said Eastern right-of-way, South 00 degrees 35 minutes 44 seconds West a distance of 16.74 feet to the POINT OF BEGINNING of the herein described easement; THENCE Southeasterly leaving said Eastern right-of-way, South 89 degrees 24 minutes 16
seconds East a distance of 10.45 feet to a point on the Southern line of said tract; THENCE
Southwesterly along said Southern line, South 59 degrees 57 minutes 57 seconds West a distance of 12.14 to a point on said Eastern right-of-way; THENCE Northeasterly along said Eastern right-of-way, North 00 degrees 35 minutes 44 seconds East a distance of 6.19 feet to the POINT OF BEGINNING.
PARCEL #36 A 10-FOOT WIDE SEWER EASEMENT across a tract of land being part of Lot 6 of Theiss Subdivision as recorded in Plat Book 20, Page 92 of the St. Louis County Recorder’s Office,
St. Louis County, Missouri and Boundary Adjustment Plat of Lot “B” of Dennison Grove as
recorded in Plat Book 340, Page 5 of the St. Louis County Recorder’s Office, St. Louis County, Missouri and conveyed to Riffle, Harry J Linda O H/W by Deed Book 10655, Page 1563 as recorded with the St. Louis County Recorder’s Office, St. Louis County, Missouri and being more particularly described as follows:
COMMENCING at the Southern corner of part of Lot 6 of Theiss Subdivision as recorded in Plat Book 20, Page 92 of the St. Louis County Recorder’s Office, St. Louis County, Missouri and Boundary Adjustment Plat of Lot “B” of Dennison Grove as recorded in Plat Book 340, Page 5 of the St. Louis County Recorder’s Office, St. Louis County, Missouri said corner also on the
Northwestern right-of-way of Gravois Road variable width; THENCE Northwesterly along the
Southwestern line of said tract, North 42 degrees 08 minutes 23 seconds West a distance of 16.64 feet to the POINT OF BEGINNING of the herein described centerline; THENCE Northeasterly leaving said Southwestern line, North 48 degrees 37 minutes 58 seconds East a distance of 69.94 feet to a point on the Northeastern line of said tract, said point being the POINT OF TERMINUS.
Also, two (2) TEMPORARY CONSTRUCTION EASEMENTS for use during the construction of any sewer in the above described 10-FOOT WIDE SEWER EASEMENT, said TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as follows:
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 1 adjoining the
North line of the described 10.00-FOOT-WIDE SEWER EASEMENT, COMMENCING at the Southern corner of part of Lot 6 of Theiss Subdivision as recorded in Plat Book 20, Page 92 of the
St. Louis County Recorder’s Office, St. Louis County, Missouri and Boundary Adjustment Plat of Lot “B” of Dennison Grove as recorded in Plat Book 340, Page 5 of the St. Louis County
Recorder’s Office, St. Louis County, Missouri said corner also on the Northwestern right-of-way
of Gravois Road variable width; THENCE Northwesterly along the Southwestern line of said tract, North 42 degrees 08 minutes 23 seconds West a distance of 21.64 feet to the POINT OF BEGINNING of the herein described TEMPORARY CONSTRUCTION EASEMENT NO. 1; THENCE continuing Northwesterly along the Southwestern line of said tract, North 42 degrees 08
minutes 23 seconds West a distance of 15.00 feet to a point; THENCE Northeasterly leaving said
Southwestern line, North 48 degrees 37 minutes 58 seconds East a distance of 13.89 feet to a point; THENCE Southeasterly, South 41 degrees 22 minutes 02 seconds East a distance of 12.27 feet to a point; THENCE Northeasterly, North 48 degrees 23 minutes 32 seconds East a distance of 42.89 feet to a point; THENCE Northwesterly, North 41 degrees 30 minutes 27 seconds West a distance
of 12.09 feet to a point; THENCE Northeasterly, North 48 degrees 37 minutes 58 seconds East a
distance of 13.42 feet to a point on the Northeastern line of said tract; THENCE Southeasterly along said Northeastern line, South 41 degrees 28 minutes 48 seconds East a distance of 15.00 feet to a point; THENCE Southwesterly along the Northwestern line of said 10-FOOT WIDE SEWER EASEMENT, South 48 degrees 37 minutes 58 seconds West a distance of 70.00 feet to a point,
said point being the POINT OF BEGINNING.
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 2 adjoining the Southeast line of the described 10.00-FOOT-WIDE SEWER EASEMENT, bounded on the Southwest by the Southwest line of said tract and bounded on the Northeast by the Northeast line
of said tract and bounded on the Southeast by the Southeast line of said tract.
TEMPORARY CONSTRUCTION EASEMENTS NO. 1 and NO. 2 will become null and void upon completion of the above-described sewer construction.
PARCEL #37
A 10-FOOT WIDE SEWER EASEMENT across a tract of land being Adjusted Lot B of Boundary Adjustment Plat of Lot “B” of Dennison Grove as recorded in Plat Book 340, Page 5 of the St. Louis County Recorder’s Office, St. Louis County, Missouri and conveyed to TBH LLC et al by
Deed Book 20272, Page 4184 as recorded with the St. Louis County Recorder’s Office, St. Louis
County, Missouri and being more particularly described as follows: A 10-FOOT WIDE SEWER EASEMENT COMMENCING at the Southwestern corner of adjusted Lot B of Boundary Adjustment Plat of Lot “B” of Dennison Grove as recorded in Plat
Book 340, Page 5 of the St. Louis County Recorder’s Office, St. Louis County, Missouri, said
corner also being on the Northwestern right-of-way of Gravois Road variable width; THENCE Northwesterly along the Southwestern line of said tract, North 41 degrees 18 minutes 17 seconds West a distance of 32.33 feet to the POINT OF BEGINNING of the herein described centerline; THENCE Southeasterly leaving said Southwestern line, South 88 degrees 07 minutes 47 seconds
East a distance 37.78 feet to a point; THENCE Northeasterly, North 48 degrees 37 minutes 58
seconds East a distance of 138.33 feet to a point on the Northeastern line of said tract, said point being the POINT OF TERMINUS. Excepting therefrom those portions covered by the existing easements recorded in Plat Book 331 Page 10, Plat Book 340 Page 5 and Book 5556 Page 56 of said Recorder’s Office.
Also, two (2) TEMPORARY CONSTRUCTION EASEMENTS for use during the construction of any sewer in the above described 10-FOOT WIDE SEWER EASEMENT, said TEMPORARY
CONSTRUCTION EASEMENTS being more particularly described as follows:
A 15-FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT NO. 1 adjoining the Northwest line of the described 10.00-FOOT-WIDE SEWER EASEMENT, bounded on the Northeast by the Northeast line of said tract and bounded on the Southwest by the Southwest line
of said tract. Excepting therefrom those portions covered by the existing easements recorded in
Plat Book 331 Page 10, Plat Book 340 Page 5 and Book 5556 Page 56 of said Recorder’s Office. A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 2 adjoining the Southeast line of the described 10.00-FOOT-WIDE SEWER EASEMENT, bounded on the
Southwest by the Southwest line of said tract and bounded on the Northeast by the Northeast line
of said tract and bounded on the Southeast by the Southeast line of said tract. Excepting therefrom those portions covered by the existing easements recorded in Plat Book 331 Page 10, Plat Book 340 Page 5 and Book 5556 Page 56 of said Recorder’s Office.
TEMPORARY CONSTRUCTION EASEMENTS NO. 1 and NO. 2 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 July 13, 2023