HomeMy Public PortalAbout16244 McCutcheon Rd and Thorndell Sanitary Relief (12346)O R D I N A N C E NO. 16244
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 McCutcheon Rd
and Thorndell Sanitary Relief (12346) in the City of Richmond Heights, 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
Richmond Heights, Missouri within the Lemay/River Des Peres 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 McCutcheon Rd and Thorndell Sanitary Relief (12346)
hereinafter set forth, said easements being more particularly described below:
PARCEL #1
A 10.00 FEET WIDE EASEMENT through property conveyed to Fleissig, Audrey Goldstein and Bruce, H/H by deed recorded in Book 9300, Page 3674 of the St. Louis County Recorder’s Office,
and being Lot A of the “Resubdivision of Part of Lots 6 and 7 of McKnight Woods” as recorded in
Plat Book 110, Page 74 and Surveyor’s Affidavit recorded Deed Book 5531, Page 448 in of the St. Louis County Recorder’s Office, City of Richmond Heights, St. Louis County, Missouri and being more particularly described as follows:
COMMENCING at the Northwest corner of said Lot A; THENCE along the West line of said Lot A
South 24 degrees 51 minutes 51 seconds West 9.62 feet to the ACTUAL POINT OF BEGINNING; THENCE South 82 degrees 27 minutes 28 seconds East 62.10 feet to a point; THENCE South 56 degrees 21 minutes 39 seconds East 22.73 feet to a point; THENCE North 82 degrees 27 minutes 28 seconds West 85.64 feet to the aforesaid West line of Lot A; THENCE along said West line of Lot A
North 24 degrees 51 minutes 51 seconds East 10.48 feet to the ACTUAL POINT OF BEGINNING.
Excepting Therefrom that part of: A 20 feet wide storm drainage easement recorded in Plat Book 45, Page 5 of the St. Louis County Recorder’s Office. A 10 feet wide sewer easement recorded in Plat Book 45, Page 5 of the St. Louis County Recorder’s Office.
TEMPORARY CONSTRUCTION EASEMENT A 20.00 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT through property conveyed to Fleissig, Audrey Goldstein and Bruce, H/H by deed recorded in Book 9300, Page 3674 of the St.
Louis County Recorder’s Office, and being Lot A of the “Resubdivision of Part of Lots 6 and 7 of McKnight Woods” as recorded in Plat Book 110, Page 74 and Surveyor’s Affidavit recorded Deed Book 5531, Page 448 of the St. Louis County Recorder’s Office, City of Richmond Heights, St. Louis County, Missouri and being more particularly described as follows:
COMMENCING at the Northwest corner of said Lot A; THENCE along the West line of said Lot A South 24 degrees 51 minutes 51 seconds West 20.10 feet to the ACTUAL POINT OF BEGINNING; THENCE South 82 degrees 27 minutes 28 seconds East 62.90 feet to a point; THENCE South 56 degrees 21 minutes 39 seconds East 45.47 feet to a point; THENCE North 82 degrees 27 minutes 28 seconds West 109.97 feet to the aforesaid West line of Lot A; THENCE along said West line of Lot
A North 24 degrees 51 minutes 51 seconds East 20.95 feet to the ACTUAL POINT OF BEGINNING.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the sewer construction associated with MSD Project No.12346, McCutcheon Rd and Thornhill Sanitary
Relief. PARCEL #2
A 10.00 FEET WIDE EASEMENT through property conveyed to George, Joanne D., Trustee by
deed recorded in Book 10434, Page 481 of the St. Louis County Recorder’s Office, and being Part of Lot 6 of “McKnight Woods” as recorded in Plat Book 45, Page 5 of the St. Louis County Recorder’s Office, City of Richmond Heights, St. Louis County, Missouri and being more particularly described as follows:
Commencing at the Northeast corner of said George property; THENCE along the East line of said George property South 24 degrees 51 minutes 51 seconds West 9.62 feet to the ACTUAL POINT OF BEGINNING; THENCE continuing along said East line South 24 degrees 51 minutes 51 seconds West 10.48 feet to a point; THENCE North 82 degrees 27 minutes 28 seconds West 127.11 feet to a
point; THENCE North 42 degrees 03 minutes 27 seconds East 12.14 feet to a point; THENCE South
82 degrees 27 minutes 28 seconds East 123.36 feet to the ACTUAL POINT OF BEGINNING. Excepting Therefrom that part of: 2-10 feet wide sewer easements recorded in Plat Book 45, Page 5 of the St. Louis County Recorder’s Office. TEMPORARY CONSTRUCTION EASEMENT
A 10.00 FEET AND 20.00 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT through property conveyed to George, Joanne D., Trustee by deed recorded in Book 10434, Page 481 of the St. Louis County Recorder’s Office, and being Part of Lot 6 of “McKnight Woods” as recorded in Plat Book 45, Page 5 of the St. Louis County Recorder’s Office, City of Richmond Heights, St. Louis
County, Missouri and being more particularly described as follows:
Commencing at the Northeast corner of said George property; THENCE along the East line of said George property South 24 degrees 51 minutes 51 seconds West 20.10 feet to the ACTUAL POINT OF BEGINNING; THENCE continuing along said East line South 24 degrees 51 minutes 51 seconds
West 20.95 feet to a point; THENCE North 82 degrees 27 minutes 28 seconds West 110.36 feet to a
point; THENCE South 42 degrees 03 minutes 27 seconds West 149.66 feet to a point; THENCE South 24 degrees 34 minutes 01 seconds West 44.61 feet to a point; THENCE South 07 degrees 04 minutes 35 seconds West 21.24 feet to the North line of McKnight Woods Street, 50 feet wide; THENCE North 73 degrees 47 minutes 17 seconds West 10.13 along said North line of McKnight
Woods Street to a point; THENCE North 07 degrees 04 minutes 35 seconds East 21.17 feet to a point;
THENCE North 24 degrees 34 minutes 01 seconds East 47.69 feet to a point; THENCE North 42 degrees 03 minutes 27 seconds East 168.60 feet to a point; THENCE South 82 degrees 27 minutes 28 seconds East 114.98 feet to the ACTUAL POINT OF BEGINNING.
TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the sewer construction associated with MSD Project No.12346, McCutcheon Rd and Thornhill Sanitary
Relief. PARCEL #5
A 10.00 FEET WIDE EASEMENT through property conveyed to Bloomquist, Eric W. and Mary
Kaym. H/W, Trustees by deed recorded in Book 17494, Page 3417 of the St. Louis County Recorder’s Office, and being Lot 13 and Part of Lot 11 of “McKnight Acres” as recorded in Plat Book 31, Page 32 of the St. Louis County Recorder’s Office, City of Richmond Heights, St. Louis County, Missouri and being more particularly described as follows:
BEGINNING at a point on the East line of said Lot 13, being distant South 05 degrees 55 minutes 44 seconds West 77.96 feet from the Northeast corner of said Lot 13 and being the POINT OF BEGINNING of the herein described center line of said 10.00 FEET EASEMENT; THENCE North 62 degrees 33 minutes 50 seconds West 91.34 feet to the West line of said Bloomquist property and
being the POINT OF TERMINUS.
TEMPORARY CONSTRUCTION EASEMENT #1 A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT through property conveyed to Bloomquist, Eric W. and Mary Kaym. H/W, Trustees by deed recorded in Book 17494, Page 3417
of the St. Louis County Recorder’s Office, and being Lot 13 and Part of Lot 11 of “McKnight Acres” as recorded in Plat Book 31, Page 32 of the St. Louis County Recorder’s Office, City of Richmond Heights, St. Louis County, Missouri and being more particularly described as follows: BEGINNING at the Northwest corner of said Bloomquist property; THENCE along the North line of
said Bloomquist property South 82 degrees 52minutes 17 seconds East 7.89 feet to a point; THENCE South 05 degrees 53 minutes 13 seconds West 22.33 feet to a point; THENCE South 62 degrees 33 minutes 50 seconds East 82.85 feet to the East line of said Bloomquist; property; THENCE South 05 degrees 55 minutes 44 seconds West 21.50 feet along said East line of said Bloomquist property to a point; THENCE North 62 degrees 33 minutes 50 seconds West 91.34 feet to the West line of said
Bloomquist; property; THENCE North 05 degrees 55 minutes 44 seconds East 40.88 feet along said West line of said Bloomquist property to the POINT OF BEGINNING. Excepting Therefrom that part of: A 10.00 feet wide sewer easement recorded in Deed Book 1881, Page 258 of the St. Louis County Recorder’s Office.
A 10.00 feet wide easement recorded in Plat Book 30, Page 49 of the St. Louis County Recorder’s
Office. A 7.50 feet wide easement recorded in Plat Book 31, Page 32 of the St. Louis County Recorder’s Office.
TEMPORARY CONSTRUCTION EASEMENT #2
A 20.00 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT through property conveyed
to Bloomquist, Eric W. and Mary Kaym. H/W, Trustees by deed recorded in Book 17494, Page 3417 of the St. Louis County Recorder’s Office, and being Lot 13 and Part of Lot 11 of “McKnight Acres” as recorded in Plat Book 31, Page 32 of the St. Louis County Recorder’s Office, City of Richmond Heights, St. Louis County, Missouri and being more particularly described as follows:
The adjacent 20.00 feet Southwest of the 10.00 FEET WIDE EASEMENT as described above. Bounded on the Northeast by the Southwest line of the above described 10.00 feet wide easement, on the Southwest by a line 20.00 feet Southwest of and parallel with the above described 10.00 feet wide easement, on the East by the East line of said Bloomquist property and on the West by the West line
of said Bloomquist property.
TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of the sewer construction associated with MSD Project No.12346, McCutcheon Rd and Thornhill Sanitary Relief. PARCEL #12
A 10.00 FEET WIDE EASEMENT through property conveyed to Wang, Xiaodong and Li Nanhua,
H/W by deed recorded in Book 21269 Page 588 of the St. Louis County Recorder’s Office, and
being Lot 1 of “McCutcheon Forest” as recorded in Plat Book 345, Page 173 of the St. Louis County Recorder’s Office, City of Richmond Heights, St. Louis County, Missouri and being more particularly described as follows:
BEGINNING at a point on the West line of McCutcheon Avenue, 60 feet wide and being distant
North 05 degrees 54 minutes 43 seconds East 51.66 feet from the most Southern corner of said Lot 1 and being the POINT OF BEGINNING of the herein described center line of said 10.00 FEET EASEMENT; THENCE South 81 degrees 54 minutes 56 seconds West 37.18 feet to a point; THENCE South 35 degrees 03 minutes 17 seconds West 15.41 feet to Southwest line of said Lot 1 and being the POINT OF TERMINUS.
Excepting Therefrom that part of:
A 10 feet wide sewer easement recorded in Plat Book 45, Page 5 of the St. Louis County Recorder’s
Office.
A 20 feet wide storm water drainage easement recorded in Plat Book 45, Page 5 of the St. Louis
County Recorder’s Office. TEMPORARY CONSTRUCTION EASEMENT #1 A 20.00 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT through property conveyed
to Wang, Xiaodong and Li Nanhua, H/W by deed recorded in Book 21269 Page 588 of the St. Louis County Recorder’s Office, and being Lot 1 of “McCutcheon Forest” as recorded in Plat Book
345, Page 173 of the St. Louis County Recorder’s Office, City of Richmond Heights, St. Louis County, Missouri and being more particularly described as follows:
The adjacent 20.00 feet North and Northwest of the 10.00 FEET WIDE EASEMENT as described above. The adjacent 20.00 feet West and Northwest of the 10.00 FEET WIDE EASEMENT as described above. Bounded on the South and Southeast by the North and Northwest line of the above described 10.00 feet wide easement, on the North and Northwest by a line 20.00 feet North and
Northwest of and parallel with the above described 10.00 feet wide easement, on the Southwest by
Southwest line of said Wang property and on the East by the West line of McCutcheon Avenue3 Excepting Therefrom that part of: A 20 feet wide storm water drainage easement recorded in Plat Book 45, Page 5 of the St. Louis County Recorder’s Office. A 10 feet wide sewer easement recorded in Plat Book 45, Page 5 of the St. Louis County Recorder’s Office. TEMPORARY CONSTRUCTION EASEMENT #2
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT through property conveyed to Wang, Xiaodong and Li Nanhua, H/W by deed recorded in Book 21269 Page 588 of the St. Louis County Recorder’s Office, and being Lot 1 of “McCutcheon Forest” as recorded in Plat Book 345, Page 173 of the St. Louis County Recorder’s Office, City of Richmond Heights, St.
Louis County, Missouri and being more particularly described as follows:
BEGINNING at a point on the West line of McCutcheon Avenue, 60 feet wide and being distant
North 05 degrees 54 minutes 43 seconds East 25.90 feet from the most Southern corner of said Lot 1 and being the POINT OF BEGINNING of the herein described VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT; THENCE South 81 degrees 54 minutes 56 seconds West 20.11 feet to a point; THENCE South 16 degrees 19 minutes 30 seconds West 7.20 feet to the Southwest line of
said Lot 1; THENCE North 50 degrees 15 minutes 05 seconds West 22.39 feet along said Southwest
line of Lot 1 to a point; THENCE North 35 degrees 03 minutes 17seconds East 13.65 feet to a point; THENCE North 81 degrees 54 minutes 56 seconds East 33.76 feet to the aforesaid West line of McCutcheon Avenue; THENCE South 05 degrees 54 minutes 43 seconds West 20.61 feet to the
POINT OF BEGINNING.
Excepting Therefrom that part of: A 20 feet wide storm water drainage easement recorded in Plat Book 45, Page 5 of the St. Louis County Recorder’s Office.
A 10 feet wide sewer easement recorded in Plat Book 45, Page 5 of the St. Louis County Recorder’s Office.
TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of the sewer construction associated with MSD Project No.12346, McCutcheon Rd and Thornhill
Sanitary Relief.
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 November 9, 2023