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HomeMy Public PortalAbout16223 Spoede Road Sanitary Improvements (13623)O R D I N A N C E NO. 16223 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 Spoede Road Sanitary Improvements (13623) in the Cities of Frontenac and Creve Coeur, 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 Ladue, 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 Spoede Road Sanitary Improvements (13623) hereinafter set forth, said easements being more particularly described below: PARCEL #3 A 10 FOOT WIDE SEWER EASEMENT across Lot 27 of Villa Coublay Plat 1, a subdivision according to the plat thereof recorded in Plat Book 96, Page 19 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: 10 FOOT WIDE SEWER EASEMENT COMMENCING at the northwest corner of said Lot 27; THENCE along the south line of Villa Coublay Drive (35 feet wide), the following courses and distances: South 89 degrees 29 minutes 07 seconds East a distance of 130.00 feet to a point on a curve; THENCE along a curve to the right having a radius of 20.00 feet, an arc distance of 31.42 feet and whose chord bears South 44 degrees 29 minutes 02 seconds East a distance of 28.28 feet to the west line of Spoede Road (varying width); THENCE along said west line of Spoede Road, South 00 degrees 31 minutes 03 seconds West a distance of 12.72 feet to the ACTUAL POINT OF BEGINNING of the centerline of said 10 FOOT WIDE SEWER EASEMENT; THENCE departing the west line of said Spoede Road, and proceeding along said centerline the following courses and distances: South 52 degrees 48 minutes 59 seconds West a distance of 4.79 feet to a point; THENCE South 03 degrees 06 minutes 21 seconds West a distance of 158.45 feet to a point; THENCE South 16 degrees 11 minutes 47 seconds West a distance of 157.19 feet to the POINT OF ENDING of the centerline of said 10 FOOT WIDE SEWER EASEMENT, said point being on the south line of the aforementioned Lot 27, said point also being distant along said south line, North 71 degrees 36 minutes 33 seconds West a distance of 56.20 feet from the southeast corner of said Lot 27. Excepting therefrom those portions covered by existing Easements recorded by Plat Book 96 Page 19, of the St. Louis County, Missouri Recorder’s Office. Also, two 20 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENTS for the use during the construction, in the above described 10 FOOT WIDE SEWER EASEMENT, said TEMPORARY CONSTRUCTION EASEMENTS being more particularly as follows: TEMPORARY CONSTRUCTION EASEMENT NO. 1 COMMENCING at the northwest corner of said Lot 27; THENCE along the south line of Villa Coublay Drive (35 feet wide), the following courses and distances: South 89 degrees 29 minutes 07 seconds East a distance of 130.00 feet to a point on a curve; Thence along a curve to the right having a radius of 20.00 feet, an arc distance of 15.54 feet and whose chord bears South 67 degrees 13 minutes 36 seconds East a distance of 15.15 feet to the ACTUAL POINT OF BEGINNING of the herein described TEMPORARY CONSTRUCTION EASEMENT NO. 1; THENCE continue along a curve to the right having a radius of 20.00 feet, an arc distance of 15.88 feet and whose chord bears South 22 degrees 13 minutes 31 seconds East 15.46 feet to the west line of Spoede Road (varying width). THENCE along said west line of Spoede Road, South 00 degrees 31 minutes 03 seconds West 6.40 feet to a point; THENCE departing said west line of Spoede Road, South 52 degrees 48 minutes 59 seconds West a distance of 10.97 feet to a point; THENCE South 03 degrees 06 minutes 21 seconds West 160.19 feet to a point; THENCE South 16 degrees 11 minutes 47 seconds West 156.62 feet to the south line of said Lot 27; THENCE along said south line of Lot 27, North 71 degrees 36 minutes 33 seconds West a distance of 20.07 feet to a point; THENCE departing said south line of Lot 27, North 16 degrees 12 minutes 58 seconds East a distance of 153.55 feet to a point; THENCE North 03 degrees 06 minutes 21 seconds East a distance of 167.16 feet to a point; THENCE North 52 degrees 48 minutes 59 seconds East a distance of 28.14 feet to the POINT OF BEGINNING. Excepting therefrom those portions covered by existing Easements recorded by Plat Book 96 Page 19, of the St. Louis County, Missouri Recorder’s Office. TEMPORARY CONSTRUCTION EASEMENT NO. 2 COMMENCING at the northwest corner of said Lot 27; THENCE along the south line of Villa Coublay Drive (35 feet wide), the following courses and distances: South 89 degrees 29 minutes 07 seconds East a distance of 130.00 feet to a point on a curve; THENCE along a curve to the right having a radius of 20.00 feet, an arc distance of 31.42 feet and whose chord bears South 44 degrees 29 minutes 02 seconds East a distance of 28.28 feet to the west line of Spoede Road (varying width); THENCE along said west line of Spoede Road, South 00 degrees 31 minutes 03 seconds West a distance of 42.49 feet to the ACTUAL POINT OF BEGINNING of the herein described TEMPORARY CONSTRUCTION EASEMENT NO. 2; THENCE continuing along said west line of said Spoede Road, South 00 degrees 31 minutes 03 seconds West a distance of 184.95 feet to a point; THENCE departing said west line of Spoede Road, South 16 degrees 11 minutes 47 seconds West a distance of 109.78 feet to the south line of said Lot 27; THENCE along said south line of Lot 27, North 71 degrees 36 minutes 33 seconds West a distance of 20.01 feet to a point; THENCE departing said south line of Lot 27, North 16 degrees 11 minutes 47 seconds West a distance of 158.15 feet to a point; THENCE North 03 degrees 06 minutes 21seconds East a distance of 132.38 feet to the POINT OF BEGINNING. Excepting therefrom those portions covered by existing Easements recorded by Plat Book 96 Page 19, of the St. Louis County, Missouri Recorder’s Office. PARCEL #4 A 2 FOOT WIDE SEWER EASEMENT across Lot 2 of Villa Coublay Plat 1, a subdivision according to the plat thereof recorded in Plat Book 96, Page 19 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: 2 FOOT WIDE SEWER EASEMENT BEGINNING at the northeast corner of said Lot 2; THENCE along the west line of Spoede Road (varying width), the following courses and distances: South 00 degrees 31 minutes 03 seconds West a distance of 136.00 feet to a point on a curve; THENCE along a curve to the right having a radius of 20.00 feet, an arc distance of 9.02 feet and whose chord bears South 13 degrees 26 minutes 18 seconds West a distance of 8.94 feet to a point; THENCE departing said west line of Spoede Road, North 00 degrees 31 minutes 03 seconds East a distance of 144.72 feet to the north line of said Lot 2; THENCE along said north line of Lot 2, South 89 degrees 29 minutes 07 seconds East a distance of 2.00 feet to the POINT OF BEGINNING. Also, an 18 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT for the use during the construction, in the above described 2 FOOT WIDE SEWER EASEMENT, said TEMPORARY CONSTRUCTION EASEMENT being more particularly as follows: TEMPORARY CONSTRUCTION EASEMENT COMMENCING at the northeast corner of said Lot 2; THENCE along the north line of said Lot 2, North 89 degrees 29 minutes 07 seconds West a distance of 2.00 feet to the ACTUAL POINT OF BEGINNING of the herein described TEMPORARY CONSTRUCTION EASEMENT; THENCE departing said north line of Lot 2, South 00 degrees 31 minutes 03 seconds West a distance of 144.72 feet to a point of non-tangential curve on the north line of Villa Coublay Drive (35 feet wide); THENCE along said north line of Villa Coublay Drive, along a curve to the right having a radius of 20.00 feet, an arc distance of 22.40 feet and whose chord bears South 58 degrees 26 minutes 18 seconds West a distance of 21.24 feet to a point; THENCE departing said north line of Villa Coublay Drive, North 00 degrees 31 minutes 03 seconds East a distance of 156.00 feet to said north line of said Lot 2; THENCE along said north line of said Lot 2, South 89 degrees 29 minutes 07 seconds East a distance of 18.00 feet to the POINT OF BEGINNING. Excepting therefrom those portions covered by existing Easement recorded by Plat Book 96 Page 19, of 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 October 12, 2023. ORDINANCE  NO. 16223 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 Spoede Road Sanitary Improvements (13623) in the Cities of Frontenac and Creve Coeur, 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 Ladue, 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 Spoede Road Sanitary Improvements (13623) hereinafter set forth, said easements being more particularly described below: [bookmark: _Hlk114659484]PARCEL #3 A 10 FOOT WIDE SEWER EASEMENT across Lot 27 of Villa Coublay Plat 1, a subdivision according to the plat thereof recorded in Plat Book 96, Page 19 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: 10 FOOT WIDE SEWER EASEMENT COMMENCING at the northwest corner of said Lot 27; THENCE along the south line of Villa Coublay Drive (35 feet wide), the following courses and distances: South 89 degrees 29 minutes 07 seconds East a distance of 130.00 feet to a point on a curve; THENCE along a curve to the right having a radius of 20.00 feet, an arc distance of 31.42 feet and whose chord bears South 44 degrees 29 minutes 02 seconds East a distance of 28.28 feet to the west line of Spoede Road (varying width); THENCE along said west line of Spoede Road, South 00 degrees 31 minutes 03 seconds West a distance of 12.72 feet to the ACTUAL POINT OF BEGINNING of the centerline of said 10 FOOT WIDE SEWER EASEMENT; THENCE departing the west line of said Spoede Road, and proceeding along said centerline the following courses and distances: South 52 degrees 48 minutes 59 seconds West a distance of 4.79 feet to a point; THENCE South 03 degrees 06 minutes 21 seconds West a distance of 158.45 feet to a point; THENCE South 16 degrees 11 minutes 47 seconds West a distance of 157.19 feet to the POINT OF ENDING of the centerline of said 10 FOOT WIDE SEWER EASEMENT, said point being on the south line of the aforementioned Lot 27, said point also being distant along said south line, North 71 degrees 36 minutes 33 seconds West a distance of 56.20 feet from the southeast corner of said Lot 27. Excepting therefrom those portions covered by existing Easements recorded by Plat Book 96 Page 19, of the St. Louis County, Missouri Recorder’s Office. Also, two 20 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENTS for the use during the construction, in the above described 10 FOOT WIDE SEWER EASEMENT, said TEMPORARY CONSTRUCTION EASEMENTS being more particularly as follows: TEMPORARY CONSTRUCTION EASEMENT NO. 1 COMMENCING at the northwest corner of said Lot 27; THENCE along the south line of Villa Coublay Drive (35 feet wide), the following courses and distances: South 89 degrees 29 minutes 07 seconds East a distance of 130.00 feet to a point on a curve; Thence along a curve to the right having a radius of 20.00 feet, an arc distance of 15.54 feet and whose chord bears South 67 degrees 13 minutes 36 seconds East a distance of 15.15 feet to the ACTUAL POINT OF BEGINNING of the herein described TEMPORARY CONSTRUCTION EASEMENT NO. 1; THENCE continue along a curve to the right having a radius of 20.00 feet, an arc distance of 15.88 feet and whose chord bears South 22 degrees 13 minutes 31 seconds East 15.46 feet to the west line of Spoede Road (varying width). THENCE along said west line of Spoede Road, South 00 degrees 31 minutes 03 seconds West 6.40 feet to a point; THENCE departing said west line of Spoede Road, South 52 degrees 48 minutes 59 seconds West a distance of 10.97 feet to a point; THENCE South 03 degrees 06 minutes 21 seconds West 160.19 feet to a point; THENCE South 16 degrees 11 minutes 47 seconds West 156.62 feet to the south line of said Lot 27; THENCE along said south line of Lot 27, North 71 degrees 36 minutes 33 seconds West a distance of 20.07 feet to a point; THENCE departing said south line of Lot 27, North 16 degrees 12 minutes 58 seconds East a distance of 153.55 feet to a point; THENCE North 03 degrees 06 minutes 21 seconds East a distance of 167.16 feet to a point; THENCE North 52 degrees 48 minutes 59 seconds East a distance of 28.14 feet to the POINT OF BEGINNING. Excepting therefrom those portions covered by existing Easements recorded by Plat Book 96 Page 19, of the St. Louis County, Missouri Recorder’s Office. TEMPORARY CONSTRUCTION EASEMENT NO. 2 COMMENCING at the northwest corner of said Lot 27; THENCE along the south line of Villa Coublay Drive (35 feet wide), the following courses and distances: South 89 degrees 29 minutes 07 seconds East a distance of 130.00 feet to a point on a curve; THENCE along a curve to the right having a radius of 20.00 feet, an arc distance of 31.42 feet and whose chord bears South 44 degrees 29 minutes 02 seconds East a distance of 28.28 feet to the west line of Spoede Road (varying width); THENCE along said west line of Spoede Road, South 00 degrees 31 minutes 03 seconds West a distance of 42.49 feet to the ACTUAL POINT OF BEGINNING of the herein described TEMPORARY CONSTRUCTION EASEMENT NO. 2; THENCE continuing along said west line of said Spoede Road, South 00 degrees 31 minutes 03 seconds West a distance of 184.95 feet to a point; THENCE departing said west line of Spoede Road, South 16 degrees 11 minutes 47 seconds West a distance of 109.78 feet to the south line of said Lot 27; THENCE along said south line of Lot 27, North 71 degrees 36 minutes 33 seconds West a distance of 20.01 feet to a point; THENCE departing said south line of Lot 27, North 16 degrees 11 minutes 47 seconds West a distance of 158.15 feet to a point; THENCE North 03 degrees 06 minutes 21seconds East a distance of 132.38 feet to the POINT OF BEGINNING. Excepting therefrom those portions covered by existing Easements recorded by Plat Book 96 Page 19, of the St. Louis County, Missouri Recorder’s Office. PARCEL #4 A 2 FOOT WIDE SEWER EASEMENT across Lot 2 of Villa Coublay Plat 1, a subdivision according to the plat thereof recorded in Plat Book 96, Page 19 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: 2 FOOT WIDE SEWER EASEMENT BEGINNING at the northeast corner of said Lot 2; THENCE along the west line of Spoede Road (varying width), the following courses and distances: South 00 degrees 31 minutes 03 seconds West a distance of 136.00 feet to a point on a curve; THENCE along a curve to the right having a radius of 20.00 feet, an arc distance of 9.02 feet and whose chord bears South 13 degrees 26 minutes 18 seconds West a distance of 8.94 feet to a point; THENCE departing said west line of Spoede Road, North 00 degrees 31 minutes 03 seconds East a distance of 144.72 feet to the north line of said Lot 2; THENCE along said north line of Lot 2, South 89 degrees 29 minutes 07 seconds East a distance of 2.00 feet to the POINT OF BEGINNING. Also, an 18 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT for the use during the construction, in the above described 2 FOOT WIDE SEWER EASEMENT, said TEMPORARY CONSTRUCTION EASEMENT being more particularly as follows: TEMPORARY CONSTRUCTION EASEMENT COMMENCING at the northeast corner of said Lot 2; THENCE along the north line of said Lot 2, North 89 degrees 29 minutes 07 seconds West a distance of 2.00 feet to the ACTUAL POINT OF BEGINNING of the herein described TEMPORARY CONSTRUCTION EASEMENT; THENCE departing said north line of Lot 2, South 00 degrees 31 minutes 03 seconds West a distance of 144.72 feet to a point of non-tangential curve on the north line of Villa Coublay Drive (35 feet wide); THENCE along said north line of Villa Coublay Drive, along a curve to the right having a radius of 20.00 feet, an arc distance of 22.40 feet and whose chord bears South 58 degrees 26 minutes 18 seconds West a distance of 21.24 feet to a point; THENCE departing said north line of Villa Coublay Drive, North 00 degrees 31 minutes 03 seconds East a distance of 156.00 feet to said north line of said Lot 2; THENCE along said north line of said Lot 2, South 89 degrees 29 minutes 07 seconds East a distance of 18.00 feet to the POINT OF BEGINNING. Excepting therefrom those portions covered by existing Easement recorded by Plat Book 96 Page 19, of 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 October 12, 2023.