HomeMy Public PortalAbout16306 Upper Fishpot East Sanitary Relief (Field Avenue to Wolff Lane) (12242)O R D I N A N C E NO. 16306
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 Upper
Fishpot East Sanitary Relief (Field Avenue to Wolff Lane) (12242) in the City of Ellisville,
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 Ellisville, Missouri within the FishPot 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 Upper Fishpot East Sanitary Relief (Field
Avenue to Wolff Lane) (12242) hereinafter set forth, said easements being more particularly
described below:
PARCEL #4
A VARYING WIDTH SEWER EASEMENT across Lot 11, as shown on the Hunter’s Glen
Subdivision Plat in Plat Book 183, Page 48 of the St. Louis County Records and being a tract of land conveyed to Andrew S. Buchanan & Kimberly J. Urlich-Buchanan H/W as recorded by Deed Book 21580, Page 2246 of the St. Louis County, Missouri Recorder’s Office, being more particularly described as follows:
VARYING WIDTH SEWER EASEMENT BEGINNING at the southwest corner of said Lot 11; THENCE along the western line of said Lot 11, North 15 degrees 11 minutes 34 seconds West, a distance of 147.18 feet to a point of non-
tangential curve on the southwest line of Hunter’s Glen Court (50 Foot Wide); THENCE along
said southwest line of Hunter’s Glen Court, along a curve to the left, having a radius of 50.00 feet, an arc distance of 13.69 feet and whose chord bears, North 66 degrees 58 minutes 24 seconds East, 13.65 feet to a point; THENCE departing said southwest line of Hunter’s Glen Court, South 10 degrees 48 minutes 43 seconds East a distance of 111.51 feet to a point; THENCE South 15 degrees
11 minutes 34 seconds East a distance of 39.22 feet to the southern line of said Lot 11; THENCE
along said southern line of Lot 11, North 89 degrees 53 minutes 23 seconds West a distance of 5.18 feet to the POINT OF BEGINNING. Excepting therefrom those portions covered by the existing Easements recorded by Plat Book 183 Page 48 and Deed Book 4251 Page 434 of the St. Louis County, Missouri Recorder’s Office.
Also, a VARYING WIDTH TEMPORARY CONSTRUCTION EASEMENT for the use during the construction, in the above described VARYING WIDTH SEWER EASEMENT, said TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows:
TEMPORARY CONSTRUCTION EASEMENT
COMMENCING at the southwest corner of said Lot 11; THENCE along the southern line of said Lot 11, South 89 degrees 53 minutes 23 seconds East, 5.18 feet to the ACTUAL POINT OF
BEGINNING of the herein described TEMPORARY CONSTRUCTION EASEMENT;
THENCE departing said southern line of Lot 11, North 15 degrees 11 minutes 34 seconds West a distance of 39.22 feet to a point; THENCE North 10 degrees 48 minutes 43 seconds West a distance of 111.51 feet to a point of non-tangential curve on the southwest line of Hunter’s Glen Court (50 Foot Wide); THENCE along said southwest line of Hunter’s Glen Court, along a curve
to the left, having a radius of 50.00 feet, an arc distance of 17.41 feet and whose chord bears, North
49 degrees 09 minutes 11 seconds East, 17.33 feet to a point; THENCE departing said southwest
line of Hunter’s Glen Court, South 10 degrees 48 minutes 43 seconds East a distance of 161.61 feet to said southern line of said Lot 11; THENCE along said southern line of said Lot 11, North
89 Degrees 53 minutes 23 seconds West, a distance of 12.23 feet to the POINT OF BEGINNING.
Excepting therefrom those portions covered by the existing Easements recorded by Plat Book 183 Page 48 and Deed Book 4251 Page 434 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.