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Home My Public Portal About16305 Smith Creek Ladue Road Sanitary Relief (Royal Manor Dr to Hewlett Ct) (12202)O R D I N A N C E NO. 16305 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 Smith Creek Ladue Road Sanitary Relief (Royal Manor Dr to Hewlett Ct) (12202) in the City of 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 Creve Coeur, Missouri within the Creve Coeur 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 Smith Creek Ladue Road Sanitary Relief (Royal Manor Dr to Hewlett Ct) (12202) hereinafter set forth, said easements being more particularly described below: PARCEL #8 ONE SEWER EASEMENT across part of Common Land of Conway Downs Plat 3, a subdivision according to the plat thereof recorded in Plat Book 165, Page 29 of the St. Louis County Records and being a tract of land conveyed to Conway Downs Plat 3 Trustees as recorded by Deed Book 6649, Page 2144 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: 10 FOOT WIDE SEWER EASEMENT COMMENCING at the westernmost corner of said tract of land conveyed to Conway Downs Plat 3 Trustees; THENCE along the western line of said tract of land conveyed to Conway Downs Plat 3 Trustees, North 19 degrees 21 minutes 02 seconds East a distance of 124.79 feet to the ACTUAL POINT OF BEGINNING of the centerline of said 10 FOOT WIDE SEWER EASEMENT; THENCE departing said western line and along said centerline the following courses and distances: South 44 degrees 28 minutes 01 seconds East a distance of 296.97 feet to a point; THENCE South 51 degrees 26 minutes 30 seconds East a distance of 130.27 feet to the POINT OF ENDING of said centerline of said 10 FOOT WIDE SEWER EASEMENT, said point being on the eastern line of said tract of land conveyed to Conway Downs Plat 3 Trustees, said point also being North 00 degrees 10 minutes 32 seconds East a distance of 303.25 feet from the southernmost corner of said tract of land conveyed to Conway Downs Plat 3 Trustees. Excepting therefrom those portions covered by the existing Easements recorded by Deed in Book 6653 Page 151and Plat Book 165 Page 29, all of the St. Louis County, Missouri Recorder’s Office. PARCEL #11 10 FOOT WIDE SEWER EASEMENT across part of Lot 66 of Ladue Downs Plat 5, a subdivision according to the plat thereof recorded in Plat Book 155, Page 46 of the St. Louis County Records and being a tract of land conveyed to Lawrence and Roberta Potaschnick, H/W as recorded by Deed Book 7698, Page 2057 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: 10 FOOT WIDE SEWER EASEMENT COMMENCING at the westernmost corner of said of Lot 66; THENCE along the northwestern line of said Lot 66, North 65 degrees 36 minutes 11 seconds East a distance of 25.62 feet to the ACTUAL POINT OF BEGINNING of the centerline of said 10 FOOT WIDE SEWER EASEMENT; THENCE departing said northwestern line, and proceeding along the centerline of said 10 FOOT WIDE SEWER EASEMENT the following courses and distances: South 27 degrees 35 minutes 01 seconds East a distance of 54.08 feet to a point; THENCE South 09 degrees 21 minutes 08 seconds East a distance of 84.91 feet to the POINT OF ENDING of said centerline of a 10 FOOT WIDE SEWER EASEMENT, said point being on the southeastern line of said Lot 66, said point also being distant along said southeastern line, North 65 degrees 36 minutes 11 seconds East a distance of 6.59 feet from the southernmost corner of said Lot 66. Excepting therefrom that portion covered by the existing Easement recorded by Deed Book 4838 Page 277, of the St. Louis County, Missouri Recorder’s Office. Also, two TEMPORARY CONSTRUCTION EASEMENTS for the use during the construction, in the above described SEWER EASEMENTS, said TEMPORARY CONSTRUCTION EASEMENTS being more particularly described as follows: VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT #1 COMMENCING at the westernmost corner of said of Lot 66; THENCE along the northwestern line of said Lot 66, North 65 degrees 36 minutes 11 seconds East a distance of 8.46 feet to the ACTUAL POINT OF BEGINNING of the herein described TEMPORARY CONSTRUCTION EASEMENT #1; THENCE continuing along said northwestern line, North 65 degrees 36 minutes 11 seconds East a distance of 12.15 feet to a point; THENCE departing said northwestern line, South 27 degrees 35 minutes 01 seconds East a distance of 53.56 feet to a point; THENCE South 09 degrees 21 minutes 08 seconds East a distance of 28.97 feet to a point; THENCE North 29 degrees 44 minutes 01 seconds West, a distance of 81.81 feet to the POINT OF BEGINNING. 20 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT #2 COMMENCING at the westernmost corner of said of Lot 66; THENCE along the northwestern line of said Lot 66, North 65 degrees 36 minutes 11 seconds East a distance of 30.63 feet to the ACTUAL POINT OF BEGINNING of the herein described TEMPORARY CONSTRUCTION EASEMENT #2; THENCE continuing along said northwestern line, North 65 degrees 36 minutes 11 seconds East a distance of 20.03 feet to a point; THENCE departing said northwestern line, South 27 degrees 35 minutes 01 seconds East a distance of 56.70 feet to a point; THENCE South 09 degrees 21 minutes 08 seconds East a distance of 82.20 feet to the southeastern line of said Lot 66; THENCE along said southeastern line of said Lot 66, South 65 degrees 36 minutes 11 seconds West, a distance of 20.71 feet to a point; THENCE departing said southeastern line of Lot 66, North 09 degrees 21 minutes 08 seconds West a distance of 84.37 feet to a point; THENCE North 27 degrees 35 minutes 01 seconds West a distance of 54.61 feet to the POINT OF BEGINNING. Excepting therefrom that portion covered by the existing Easement recorded by Deed Book 4838 Page 277, of the St. Louis County, Missouri Recorder’s Office. PARCEL #20 30 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT across part of Common Land of Conway Downs Plat 3, a subdivision according to the plat thereof recorded in Plat Book 165, Page 29 of the St. Louis County Records and being a tract of land conveyed to Conway Downs Plat 3 Trustees as recorded by Deed Book 6649, Page 2144 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows: 30 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT BEGINNING at the intersection of the western line of Lot 17 of said Conway Downs Plat 3 with the northeastern line of Conway Downs Drive (50 Foot Wide), said point being a point of curve; THENCE along said northeastern line of Conway Downs Drive, along a curve to the right, having a radius of 575.00 feet, an arc distance of 32.12 feet and whose chord bears, North 49 degrees 43 minutes 11 seconds West, a distance of 32.12 feet to a point; THENCE departing said northeastern line of Conway Downs Drive, North 19 degrees 21 minutes 02 seconds East a distance of 292.75 feet to the southwestern line of an existing 10 foot wide easement as recorded by Deed Book 4838 Page 277-278 of the St. Louis County, Missouri Recorder’s Office; THENCE along said southwestern line of an existing 10 foot wide easement the following courses and distances: South 30 degrees 51 minutes 49 seconds East a distance of 0.98 to a point; THENCE South 44 degrees 28 minutes 01 seconds East a distance of 32.59 feet to the eastern line of an existing 100 foot wide Union Electric Company of Missouri Easement as recorded by Deed Book 3570 Page 96 of the St. Louis County, Missouri Recorder’s Office; THENCE departing said southwestern line of an existing 10 foot wide easement and along said eastern line of an existing 100 foot wide Union Electric Company of Missouri Easement, South 19 degrees 21 minutes 02 seconds West a distance of 289.21 feet to the POINT OF BEGINNING. Excepting therefrom that portion covered by the existing Easements recorded by Deed Book 5178 Page 212, and Plat Book 156 Page 38, all 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 February 8, 2024.