HomeMy Public PortalAbout16245 Normandie Sanitary Relief (Page Ave to Saint Charles Rock Road) (12360)O R D I N A N C E NO. 16245
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
Normandie Sanitary Relief (Page Ave to Saint Charles Rock Road) (12360) in the Cities of
Pagedale, Hanley Hills, Bel Nor, 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 Pagedale, Hanley Hills, Bel Nor, and Unincorporated St. Louis County, 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 Normandie Sanitary Relief (Page Ave to Saint
Charles Rock Road) (12360) hereinafter set forth, said easements being more particularly
described below:
PARCEL #2 A FIFTEEN (15) FOOT-WIDE SEWER EASEMENT, being located within the boundaries of the Tract of Land described in Order and Judgement, recorded in Book 17589, Page 2590 of Saint
Louis County Records, described as “A Part of Share “5” of “Normandy Park of the Lucas Estate”,
the same being a portion of “Lake Charles Burial Park”, in Township 46 North, Range 6 East of the 5th P.M., in Saint Louis County, Missouri and being more particularly described as follows: FIFTEEN (15) FOOT-WIDE SEWER EASEMENT
COMMENCING at the Southernmost corner of the above-described subject Tract, now or formerly granted to Sandra J. Jackson, as recorded in Book 17589, Page 2590 of St. Louis County Records, said COMMENCEMENT POINT also being a point in the northern Right-of-Way line of Saint Charles Rock Road (variable width), said Road also being Missouri State Highway 180;
THENCE, departing said Saint Charles Rock Road continuing coincident with the eastern
boundary line of subject Tract, North 00 degrees 19 minutes 27 seconds East, 54.42 feet to the POINT OF BEGINNING of the herein described CENTERLINE OF A FIFTEEN FOOT-WIDE SEWER EASEMENT, being both 7.5 feet southwesterly and 7.5 feet northeasterly of the following described Centerline; THENCE, departing said eastern boundary line of subject Tract,
North 61 degrees 30 minutes 00 seconds West, 9.10 feet to the POINT OF TERMINUS.
Also, A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT, for use during construction of any sewer in the above-described SEWER EASEMENT, said VARIABLE WIDTH, TEMPORARY CONSTRUCTION EASEMENT being more particularly described as
follows:
VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT From the POINT OF BEGINNNING: A VARIABLE WIDTH TEMPORARY CONSTRUCTION
EASEMENT, BEGINNING at the Southernmost corner of the above-described subject Tract, now
or formerly granted to Sandra J. Jackson, as recorded in Book 17589, Page 2590 of St. Louis County records, said POINT OF BEGINNING also being a point in the northern Right-of-Way line of Saint Charles Rock Road (variable width), said Road also being Missouri State Highway 180; THENCE, continuing coincident with said northern Right-of-Way line, North 56 degrees 37
minutes 18 seconds West, 49.98 feet to a point; THENCE, departing said northern Right-of-Way
line of Saint Charles Rock Road, North 28 degrees 30 minutes 00 seconds East, 68.72 feet;
THENCE, South 61 degrees 30 minutes 00 seconds East, 10.71 feet to a point in the eastern boundary line of the above-described subject Tract; THENCE, continuing coincident with said
eastern boundary line, South 00 degrees 19 minutes 27 seconds West, 82.78 feet to the POINT OF
BEGINNING. Excepting therefrom the portion described above in the FIFTEEN (15) FOOT-WIDE SEWER EASEMENT. THE TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion
of the above-described sewer construction.
PARCEL #20 A FIFTEEN (15) FOOT-WIDE SEWER EASEMENT, being located within the boundaries of
“Lot 1 in Block 19 of Hanley Gardens”, a Subdivision in St. Louis County, Missouri, according to
the plat thereof recorded in Plat Book 41, Page 40 of St. Louis County Records, Lot 1 also being known as 7252 Mallard Drive, situated in the municipality of Pagedale, Saint Louis County, Missouri, and being more particularly described as follows:
FIFTEEN (15) FOOT-WIDE SEWER EASEMENT COMMENCING at the Southwestern lot
corner of the above-described Lot 1, said Lot 1 now or formerly being granted to Gale Thomas, in General Warranty Deed recorded in Book 10148, Page 1402 of St. Louis County Records, said POINT OF COMMENCEMENT also being the Southwestern Corner of Block 19 of Hanley Gardens Subdivision; THENCE, continuing coincident with the western boundary line of said Lot
1, North 07 degrees 27 minutes 51 seconds East, 32.24 feet to the POINT OF BEGINNING, of
the herein described centerline of said FIFTEEN (15) FOOT-WIDE SEWER EASEMENT, being 7.5 feet northerly and 7.5 feet southerly of the following described Centerline; THENCE, departing said western boundary line of Lot 1, South 79 degrees 35 minutes 04 seconds East, 50.07 feet to the POINT OF TERMINUS, said Terminus Point being in the eastern boundary line of the of the
above-described Lot 1, and North 07 degrees 27 minutes 51 seconds East, 29.66 feet distant from
the Southeastern corner of said Lot 1. Also, two VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS, for use during construction of any sewer in the above-described SEWER EASEMENT, said VARIABLE
WIDTH TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as
follows: VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT No. 1
COMMENCING at the Southwestern lot corner of the above-described Lot 1, said Lot 1 now or
formerly being granted to Gale Thomas, in General Warranty Deed recorded in Book 10148, Page 1402 of St. Louis County Records; THENCE, continuing coincident with the western boundary line of said Lot 1, North 07 degrees 27 minutes 51 seconds East, 39.75 feet to the POINT OF BEGINNING of the herein described VARIABLE WIDTH TEMPORARY CONSTRUCTION
EASEMENT, said POINT OF BEGINNING being at the intersection of said western boundary
line of Lot 1 and the northern limit of the above-described Sewer Easement; THENCE, , departing said northern limit of Sewer Easement and continuing coincident with said western boundary line of Lot 1, North 07 degrees 27 minutes 51 seconds East, 16.66 feet; THENCE, departing said western boundary line, South 79 degrees 46 minutes 02 seconds East, 9.51 feet; THENCE, South
78 degrees 18 minutes 19 seconds East, 40.61 feet to a point in the eastern boundary line of said
Lot 1; THENCE, continuing coincident with said eastern boundary line, South 07 degrees 27
minutes 51 seconds West, 15.79 feet to the intersection point of said eastern boundary line of Lot 1 with the aforementioned northern limit of the above-described Sewer Easement; THENCE,
North 79 degrees 35 minutes 04 seconds West, 50.07 feet, to the POINT OF BEGINNING.
THE TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above-described sewer construction.
VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT No. 2
From the POINT OF BEGINNING: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT, BEGINNING at the Southwestern lot corner of the above-described Lot 1, said Lot 1 now or formerly being granted to Gale Thomas, in General Warranty Deed recorded in Book
10148, Page 1402 of St. Louis County Records; THENCE, continuing coincident with the western
boundary line of said Lot 1, North 07 degrees 27 minutes 51 seconds East, 24.73 feet to the intersection point of the southern limit of the above-described Sewer Easement and said western boundary line of Lot 1; THENCE, continuing coincident with said southern limit of Sewer Easement, South 79 degrees 35 minutes 04 seconds East, 50.07 feet to the intersection point of
said southern limit of Sewer Easement, and the eastern boundary line of said Lot 1; THENCE,
departing said southern limit of the above-described Sewer Easement, and continuing coincident with said eastern boundary line, South 07 degrees 27 minutes 51 seconds West, 22.15 feet to the southeastern corner of Lot 1; THENCE, departing said eastern boundary and continuing with said southern boundary line of Lot 1, North 82 degrees 32 minutes 09 seconds West, 50.00 feet to the
POINT OF BEGINNING. Excepting therefrom that portion covered by the existing easement
recorded in Plat Book 41, Page 40 of said Saint Louis County Records. THE TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above-described sewer construction.
PARCEL #26 A VARIABLE WIDTH SEWER EASEMENT, being located within the boundaries of the Subject Parcel of Land described in a Quit-Claim deed recorded in Book 17073, Page 2957, of the Saint
Louis County Recorder of Deeds Office, granted to Joseph R. Wapelhorst, and described as “Part
of Lot 6 of Kingsland’s Page Avenue Addition”, according to the plat thereof recorded in Plat Book 2, Page 5 of Saint Louis County records, a subdivision in U.S. Survey 2775, Township 46 North, Range 6 East of the 5th Principal Meridian, in Saint Louis County, Missouri, and being more particularly described as follows:
VARIABLE WIDTH, SEWER EASEMENT COMMENCING at the Northwestern boundary corner of “Graef Subdivision”, according to the plat thereof recorded in Plat Book 15, Page 85, POINT OF COMMENCEMENT also being the Southwestern lot corner of the above-described Subject Parcel, now or formerly granted to Joseph R. Wapelhorst in Quit-Claim Deed Book 17073,
Page 2957 of Saint Louis County Records, and said Point being located in the eastern boundary
line of Adjusted Parcel “A” of the “Consolidation Plat of American Sterilizer Company”, according to the plat thereof recorded in Plat Book 361, Page 124; THENCE, continuing coincident with the southern boundary line of aforesaid Joseph R. Wapelhorst Subject Parcel, and coincident with the northern boundary line of said Graef Subdivision, South 83 degrees 02 minutes
49 seconds East, 44.04 feet to the POINT OF BEGINNING of the herein described CENTERLINE
OF A FIFTEEN FOOT-WIDE SEWER EASEMENT, being both 7.50 feet easterly and 7.50 feet
westerly of the following described Centerline; THENCE, North 02 degrees 53 minutes 12 seconds West, 3.26 feet; THENCE, North 08 degrees 37 minutes 45 seconds West, 58.42 feet; THENCE,
North 07 degrees 51 minutes 49 seconds East, 95.75 feet; THENCE, North 18 degrees 39 minutes
42 seconds West, 67.59 feet to the POINT OF TERMINUS, said Terminus Point being in the western boundary line of the aforementioned Joseph R. Wapelhorst Subject Parcel and South 06 degrees 58 minutes 37 seconds West, 12.86 feet distant from the Northwestern boundary corner of said Subject Parcel, said western boundary line also being the eastern boundary line of the
aforementioned Adjusted Parcel “A” of the “Consolidation Plat of American Sterilizer Company.
Excepting therefrom those portions covered by existing easements recorded in Deed Book 2192, Page 326, Deed Book 2248, Page 329, and Deed Book 7717, Page 1568. Also, VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENTS, for use during
construction of any sewer in the above-described SEWER EASEMENT, said VARIABLE
WIDTH, TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as follows: VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT No. 1
From the POINT OF BEGINNNING: A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT, BEGINNING at the Northwestern boundary corner of “Graef Subdivision”, according to the plat thereof recorded in Plat Book 15, Page 85, said POINT OF BEGINNING being the Southwestern lot corner of the above-described Subject Parcel, now or formerly granted
to Joseph R. Wapelhorst in Quit-Claim Deed Book 17073, Page 2957 of Saint Louis County
Records, and said Point also being located in the eastern boundary line of Adjusted Parcel “A” of the “Consolidation Plat of American Sterilizer Company”, according to the plat thereof recorded in Plat Book 361, Page 124; THENCE, continuing coincident with the western boundary line of said Joseph R. Wapelhorst Subject Parcel, and coincident with the eastern boundary line of the
aforesaid Adjusted Parcel “A”, North 06 degrees 58 minutes 37 seconds East, 198.83 feet to the
intersection point of said western boundary line of said Joseph R. Wapelhorst Subject Parcel and the western limit of the above-described Sewer Easement; THENCE, departing said western boundary line of said Joseph R. Wapelhorst Subject Parcel, and departing said eastern boundary line of Adjusted Parcel “A”, and continuing coincident with said western limit of above-described
Sewer Easement, the following courses and distances: South 18 degrees 39 minutes 42 seconds
East, 50.20 feet; THENCE, South 07 degrees 51 minutes 49 seconds West, 95.07 feet; THENCE, South 08 degrees 37 minutes 45 seconds East, 59.13 feet; THENCE, South 02 degrees 53 minutes 12 seconds East, 1.58 feet to a point in the southern boundary line of the aforesaid Joseph R. Wapelhorst Subject Parcel, said southern boundary line also being the northern boundary line of
Lot 29 of the aforementioned Graef Subdivision; THENCE, continuing coincident with both the
southern boundary line of above-described Joseph R. Wapelhorst Subject Parcel, and coincident with the northern boundary line of said Lot 29 of Graef Subdivision, North 83 degrees 02 minutes 49 seconds West, 36.42 feet to the POINT OF BEGINNING. Excepting therefrom those portions covered by existing easements recorded in Deed Book 2192, Page 326, Deed Book 2248, Page
329, and Deed Book 7717, Page 1568.
THE TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above-described sewer construction.
Also, a second VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT, for use during construction of any sewer in the above-described SEWER EASEMENT, said VARIABLE
WIDTH TEMPORARY CONSTRUCTION EASEMENT being more particularly described as
follows: VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT No. 2
COMMENCING at the Northwestern boundary corner of “Graef Subdivision”, according to the
plat thereof recorded in Plat Book 15, Page 85, POINT OF COMMENCEMENT also being the Southwestern lot corner of the above-described Subject Parcel now or formerly granted to Joseph R. Wapelhorst in Quit-Claim Deed Book 17073, Page 2957 of Saint Louis County Records, and said Point also being located in the eastern boundary line of Adjusted Parcel “A” of the
“Consolidation Plat of American Sterilizer Company”, according to the plat thereof recorded in
Plat Book 361, Page 124; THENCE, continuing coincident with the southern boundary line of aforesaid Joseph R. Wapelhorst Subject Parcel, and in coincident with the northern boundary line of Graef Subdivision, South 83 degrees 02 minutes 49 seconds East, 51.53 feet to the POINT OF BEGINNING of the herein described VARIABLE WIDTH TEMPORARY CONSTRUCTION
EASEMENT, said POINT OF BEGINNING being at the intersection of said southern boundary
line of Joseph R. Wapelhorst, Subject Parcel and the and the eastern limit of the above-described Sewer Easement; THENCE, departing said southern boundary line of said Joseph R. Wapelhorst Subject Parcel and continuing coincident with the eastern limit of the above-described Sewer Easement the following courses and distances: North 02 degrees 53 minutes 12 seconds East, 4.93
feet; THENCE, North 08 degrees 37 minutes 45 seconds West, 57.70 feet; THENCE, North 07
degrees 51 minutes 49 seconds East, 96.43 feet; THENCE, North 18 degrees 39 minutes 42 seconds West, 80.00 feet to a point in the northern boundary line of aforementioned Joseph R. Wapelhorst Subject Parcel, said northern boundary line also being the southern boundary line of the Saint Louis Belt & Terminal Railroad Company Right-of-Way; THENCE, continuing
coincident with both the northern boundary line of said Joseph R. Wapelhorst Subject Parcel and
southern boundary line of Saint Louis Belt & Terminal Railroad, South 82 degrees 33 minutes 23 seconds East, 19.49 feet; THENCE, departing both said northern boundary line of Joseph R. Wapelhorst Subject Parcel, and Saint Louis Belt & Terminal Railroad southern boundary line, the following courses and distances: South 18 degrees 39 minutes 42 seconds East, 75.55 feet;
THENCE, South 09 degrees 39 minutes 51 seconds West, 60.81 feet; THENCE, South 07 degrees
00 minutes 13 seconds West, 40.18 feet; THENCE, South 24 degrees 56 minutes 16 seconds East, 70.42 feet to a point in the southern boundary line of the aforesaid Joseph R. Wapelhorst Subject Parcel, said southern boundary line also being the northern boundary line of Lot 29 of the aforementioned Graef Subdivision; THENCE, continuing coincident with both the southern
boundary line of the above-described Joseph R. Wapelhorst Subject Parcel, and coincident with
the northern boundary line of said Lot 29 of Graef Subdivision, North 83 degrees 02 minutes 49 seconds West, 37.04 feet to the POINT OF BEGINNING. Excepting therefrom those portions covered by existing easements recorded in Deed Book 2192, Page 326, Deed Book 2248, Page 329, and Deed Book 7717, Page 1568.
THE TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of the above-described sewer construction.
PARCEL #28
A FIFTEEN (15) FOOT-WIDE SEWER EASEMENT, being located within the boundaries of the
Tract of Land described in Quit-Claim Deed – Document Number 20221207-00257, and Adjusted Parcel “A” of “Consolidation Plat of American Sterilizer Company” according to the consolidation plat thereof recorded in Plat Book 361, Page 124, and previously parts of Lots “6” and “7” of “Kingsland’s Page Avenue Addition”, a subdivision plat, both recorded in the Saint Louis County
Recorder of Deeds Office, Parcel “A” being situated in U.S. Survey 2775, Township 46 North,
Range 6 East of the 5th Principal Meridian, municipality of Pagedale, Saint Louis County, Missouri and being more particularly described as follows: FIFTEEN (15) FOOT-WIDE SEWER EASEMENT
COMMENCING at the Northeastern Corner of Adjusted Parcel “A” of the above-described Consolidation Plat of American Sterilizer Company, said Point also being the Northwestern corner of a tract now of formerly granted to Joseph R. Wapelhorst in Quit-Claim Deed Book 17073, Page 2957 of Saint Louis County Records, and said Point also being in the southern boundary line of
the Saint Louis Belt & Terminal Railroad Company Right-of-Way; THENCE, departing Railroad
boundary, and continuing coincident with the eastern boundary line of the above-described Adjusted Parcel “A”, and coincident with the western boundary line of said Joseph R. Wapelhorst tract, South 06 degrees 58 minutes 37 seconds West, 12.86 feet to the POINT OF BEGINNING of the herein-described centerline of said FIFTEEN (15) FOOT-WIDE SEWER EASEMENT,
being 7.5 feet northeast and 7.5 feet southwest of the following described centerline; THENCE,
departing said eastern boundary line of the said Adjusted Parcel “A”, and departing said western boundary line of said Joseph R. Wapelhorst tract, North 18 degrees 39 minutes 42 seconds West, 14.32 feet to a point in the southern boundary line of the above-described, Subject Tract of Land described in Quit-Claim Deed – Document Number 20221207-00257; THENCE, departing the
aforesaid Adjusted Lot “A" of “Consolidation Plat of American Sterilizer Company” and
continuing with the same course of North 18 degrees 39 minutes 42 seconds West, 94.66 feet to the POINT OF TERMINUS and the northern boundary line of said Subject Tract of Land, described in Document Number 20221207-00257, said northern boundary line also being the southern boundary line of Saint Louis Belt & Terminal Railroad Right-of-Way, and South 82
degrees 33 minutes 23 seconds East, 639.09 feet distant from the Point of Curvature in said
northern boundary line. 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