HomeMy Public PortalAbout16336 Cedarhurst Drive Creek Bank Stabilization (11259)O R D I N A N C E NO. 16336
AN ORDINANCE, declaring the necessity for the acquisition of easements and
temporary construction 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 Cedarhurst Drive Creek Bank Stabilization (11259) in 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 Unincorporated St. Louis County, Missouri within the Black Jack Watershed wherein numerous
people live and work;
WHEREAS, stormwater 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 Cedarhurst Drive Creek Bank Stabilization
(11259)) hereinafter set forth, said easements being more particularly described below:
PARCEL #1
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT across a tract of land
being Part of Lot 2 of “Morris Acres” as recorded in Plat Book 47, Page 12 of the St. Louis County Recorder’s Office, St. Louis County, Missouri and being more particularly described as follows: BEGINNING at the Northeast corner of Lot 2 of “Morris Acres”; THENCE along the East line of
the aforementioned Lot 2 South 20 degrees, 54 minutes, 42 seconds East a distance of 143.22 feet
to a point in the East line of the aforementioned Lot 2; THENCE continuing along said East line South 04 degrees, 32 minutes, 42 seconds East a distance of 17.79 feet to a point; THENCE North 89 degrees, 40 minutes, 38 seconds West a distance of 100.66 feet to a point; THENCE North 19 degrees, 02 minutes, 24 seconds West a distance of 160.28 feet to a point in the North line of the
aforementioned Lot 2; THENCE along said North line of Lot 2 South 89 degrees, 40 minutes, 45
seconds East a distance of 100.42 feet to the POINT OF BEGINNING of the herein described VARIBALE WIDTH TEMPORARY CONSTRUCTION EASEMENT. Excepting therefrom those portions covered by the existing easements recorded in Deed Book 12875, Page 1255 of said Recorder’s Office.
TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of the above-described sewer construction. PARCEL #7
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT across a tract of land being Lot E of “Prevallet Subdivision”, as recorded in Plat Book 47, Page 50 of the St. Louis County Recorder’s Office, St. Louis County, Missouri, and being more particularly described as follows:
BEGINNING at the Northeast corner of Lot E of “Prevallet Subdivision”, as recorded in Plat Book 47, Page 50 of the St. Louis County Recorder’s Office, St. Louis County, Missouri; THENCE along the East line of said Lot E South 00 degrees, 01 minutes, 48 seconds West a distance of 116.76 feet to a point, said point being the Southeast corner of said Lot E; THENCE along the
South line of Said Lot E North 89 degrees, 40 minutes, 12 seconds West a distance of 52.96 feet
to a point; THENCE North 18 degrees, 53 minutes, 17 seconds West a distance of 123.53 feet to a point in the North line of Said Lot E; THENCE along said North line of Lot E South 89 degrees, 44 minutes, 12 seconds East a distance of 93.01 feet to the POINT OF BEGINNING of the herein described VARIBALE WIDTH TEMPORARY CONSTRUCTION EASEMENT. Excepting
therefrom those portions covered by the existing easement recorded in Deed Book 12666, Page
1894 of said Recorder’s Office.
TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of
the above-described sewer construction.
PARCEL #8 A VARIABLE WIDTH SEWER EASEMENT across a tract of land being Part of Lot 4 Of
“Northwestern Land Company’s Subdivision”, as recorded in Plat Book 5, Page 39 of the St. Louis
County Recorder’s Office, St. Louis County, Missouri and being more particularly described as follows: COMMENCING at the Northwest corner of Lot E of “Prevallet Subdivision”, as recorded in Plat
Book 47, Page 50 of the St. Louis County Recorder’s Office, St. Louis County, Missouri,
THENCE along the East line of Halls Ferry (Variable Width) Road North 13 degrees, 42 minutes, 42 seconds West a distance of 123.56 feet to a point; said point being the South intersection of Halls Ferry (Variable Width) Road and a Private Road (30’W); THENCE along the South line of the Private Road (30’W) South 89 degrees, 38 minutes, 52 seconds East a distance of 139.69 feet
to the TRUE POINT OF BEGINNING of the herein described VARIABLE WIDTH
EASEMENT; THENCE continuing along the Private Road (30’W) South 89 degrees, 38 minutes, 52 seconds East a distance of 246.78 feet a point, THENCE South 07 degrees, 50 minutes, 32 seconds East a distance of 25.56 feet to a point; THENCE North 75 degrees, 35 minutes, 00 seconds West a distance of 73.26 feet to a point; THENCE North 89 degrees, 38 minutes, 52
seconds West a distance of 177.49 feet to a point; THENCE North 13 degrees, 42 minutes, 46
seconds West a distance of 7.73 feet to the POINT OF BEGINNING of the herein described VARIABLE WIDTH EASEMENT. Excepting therefrom those portions covered by the existing easements recorded in Deed Book 7701, Page 1160 and Deed Book 12706, Page 705 of said Recorder’s Office.
Also, A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT across a tract of land being Part of Lot 4 of “Northwestern Land Company’s Subdivision”, as recorded in Plat Book 5, Page 39 of the St. Louis County Recorder’s Office, St. Louis County, Missouri for use during the construction of any sewer in the above-described VARIABLE WIDTH SEWER EASEMENT;
said TEMPORARY CONSTRUCTION EASEMENT being more particularly described as
follows: BEGINNING at the Northeast corner of Lot E of “Prevallet Subdivision”, as recorded in Plat Book 47, Page 50 of the St. Louis County Recorder’s Office, St. Louis County, Missouri, THENCE
along the North line of Lot E North 89 degrees, 44 minutes, 12 seconds West a distance of 93.01
feet to a point; THENCE North 00 degrees, 21 minutes, 08 seconds East a distance of 111.96 feet to a point, THENCE South 89 degrees, 38 minutes, 52 seconds East a distance of 8.41 feet to a point; THENCE South 75 degrees, 35 minutes, 00 seconds East a distance of 73.26 feet to a point; THENCE South 07 degrees, 50 minutes, 32 seconds East a distance of 94.98 feet to the POINT
OF BEGINNING of the herein described VARIABLE WIDTH TEMPORARY
CONSTRUCTION EASEMENT. Excepting therefrom those portions covered by the existing easements recorded in Deed Book 12706, Page 705 of said Recorder’s Office. TEMPORARY CONSTRUCTION EASEMENT will become null and void upon completion of
the above-described sewer construction.
PARCEL #14
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT across a tract of land
being Part of Lot 5 Of “Northwestern Land Company’s Subdivision”, as recorded in Plat Book 5, Page 39 of the St. Louis County Recorder’s Office, St. Louis County, Missouri and being more particularly described as follows:
BEGINNING at a point being distant North 89 degrees, 38 minutes, 52 seconds West a distance
of 10.09 feet from the Northwest corner of Lot 1051 of “Hathaway Manor No. 10” as recorded in Plat Book 85, Page 43 of the St. Louis County Recorder’s Office, St. Louis County, Missouri, THENCE North 14 degrees, 22 minutes, 22 seconds West a distance of 75.58 feet to a point; THENCE North 00 degrees, 21 minutes, 03 seconds East a distance of 96.84 feet to a point;
THENCE North 80 degrees, 24 minutes, 03 seconds East a distance of 30.05 feet to a point;
THENCE South 07 degrees, 07 minutes, 13 seconds East a distance of 176.64 feet to a point in the North line of Lot 1051; THENCE along said North line of Lot 1051 North 89 degrees, 38 minutes, 52 seconds West a distance of 33.36 feet to the POINT OF BEGINNING of the herein described VARIBALE WIDTH TEMPORARY CONSTRUCTION EASEMENT. Excepting therefrom
those portions covered by the existing easements recorded in Deed Book 12875, Page 1270 of said
Recorder’s Office. TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of the above-described sewer construction.
PARCEL #19 A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT across a tract of land being Lot 1055 of “Hathaway Manor No. 10”, as recorded in Plat Book 85, Page 43 of the St.
Louis County Recorder’s Office, St. Louis County, Missouri, and being more particularly
described as follows: BEGINNING at the Northwest corner of said Lot 1055 of “Hathaway Manor No. 10”, THENCE along the North line of said Lot 1055 North 79 degrees, 32 minutes, 45 seconds East a distance of
29.37 feet to a point; THENCE South 00 degrees, 11 minutes, 42 seconds East a distance of 0.46
feet to a point; THENCE South 05 degrees, 52 minutes, 46 seconds East a distance of 59.73 feet to a point in the South line of said Lot 1055; THENCE along said South line South 79 degrees, 32 minutes, 45 seconds West a distance of 10.28 feet to a point in the West line of said Lot 1055; THENCE along said West line North 23 degrees, 48 minutes, 47 seconds West a distance of 61.67
feet to the POINT OF BEGINNING of the herein described VARIBALE WIDTH TEMPORARY
CONSTRUCTION EASEMENT. Excepting therefrom those portions covered by the existing easements recorded in Plat Book 85, Page 43 of said Recorder’s Office. TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon completion of
the above-described sewer construction.
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 April 11, 2024