HomeMy Public PortalAbout12152O R D I N A N C E NO. 12152
AN ORDINANCE, declaring the necessity for the acquisition of easements and
licenses in certain real property within The Metropolitan St. Louis Sewer District for the purpose
of construction of storm channel, storm sewers, and related appurtenances in the project known
as Kirkwood Road – Commerce – Reardon (GCKC-140) Phase II (94025) to serve the needs of
residents of the area, and authorizing the acquisition of said easements and licenses by purchase
or by the institution of condemnation proceedings.
WHEREAS, there exists within The Metropolitan St. Louis Sewer District an
area of the County of St. Louis within the Gravois Creek Watershed wherein live and work
numerous people; and
WHEREAS, storm 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 storm channel, storm sewer lines, 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 licenses in real property for the construction of storm channel, storm lines, and
related appurtenances in the project known as Kirkwood Road – Commerce – Reardon (GCKC-
140) Phase II (94025) as hereinafter set forth, said easements and licenses being more
particularly described below:
Kirkwood Rd. – Commerce – Reardon Phase II
M.S.D. Project No. 94025
24M-12-0663
A PERMANENT SEWER EASEMENT across part of Lot 19 in Chester Heights, a
subdivision according to the plat thereof recorded in Plat Book 11, Page 7 of the St. Louis
County, Missouri Recorder’s Office, being more particularly described as follows:
Beginning at the southeast corner of a tract of land conveyed to Clarence and Mary Lambert by
Deed Book 5571, Page 618 as recorded in said Recorder’s Office, said corner also being the
southeast corner of the aforementioned Lot 19 and being on the centerline of the vacated Chester
Avenue; THENCE South 87 degrees 23 minutes 00 seconds West, along the south line of said
Lambert tract, a distance of 60.11 feet to a point, on the west line of said Lambert tract;
THENCE North 00 degrees 49 minutes 00 seconds East, along said west line, a distance of 36.37
feet to a point; THENCE North 89 degrees 14 minutes 26 seconds East a distance of 60.02 feet
to a point, on the east line of said Lambert tract; THENCE South 00 degrees 49 minutes 00
seconds West, along said east line, a distance of 34.42 feet to the Point Of Beginning.
A TEMPORARY CONSTRUCTION LICENSES across part of Lot 19 in Chester Heights, a
subdivision according to the plat thereof recorded in Plat Book 11, Page 7 of the St. Louis
County, Missouri Recorder’s Office, said Temporary Construction License being more
particularly described as follows:
Commencing at the southeast corner of a tract of land conveyed to Clarence and Mary Lambert
by Deed Book 5571, Page 618 as recorded in said Recorder’s Office, said corner also being the
southeast corner of the aforementioned Lot 19 and being on the centerline of the vacated Chester
Avenue; THENCE North 00 degrees 49 minutes 00 seconds East, along the east line of said Lot
19, said east line also being the east line of said Lambert tract, a distance of 34.42 feet to the
Point Of Beginning of the herein described TEMPORARY CONSTRUCTION LICENSE;
THENCE South 89 degrees 14 minutes 26 seconds West, a distance of 60.02 feet to a point, on
the west line of said Lambert tract; THENCE North 00 degrees 49 minutes 00 seconds East,
along said west line, a distance of 14.10 feet to a point; THENCE South 84 degrees 39 minutes
34 seconds East a distance of 60.19 feet to a point, on the said east line of Lot 19; THENCE
South 00 degrees 49 minutes 00 seconds West, along said east line, a distance of 7.70 feet to the
Point Of Beginning.
TEMPORARY CONSTRUCTION LICENSE will become null and void upon completion of the
above described sewer construction.
Kirkwood Rd. – Commerce – Reardon Phase II
M.S.D. Project No. 94025
24M-21-0854
A PERMANENT SEWER EASEMENT across part of Lot 20 of Chester Heights, a
subdivision according to the plat thereof recorded in Plat Book 11, Page 7 of the St. Louis
County, Missouri Recorder’s Office, being more particularly described as follows:
Beginning at the southwest corner of a tract of land conveyed to Rosemary Clark by Deed Book
9896, Page 1694 as recorded in said Recorder’s Office, said corner also being the southwest
corner of the aforementioned Lot 20 and being on the centerline of the vacated Chester Avenue;
THENCE North 00 degrees 49 minutes 00 seconds East, along the west line of said Lot 20, a
distance of 34.42 feet to a point; THENCE North 89 degrees 14 minutes 26 seconds East a
distance of 28.07 feet to a point; THENCE North 00 degrees 45 minutes 34 seconds West a
distance of 5.00 feet to a point; THENCE North 89 degrees 14 minutes 26 seconds East a
distance of 10.00 feet to a point; THENCE South 00 degrees 45 minutes 34 seconds East a
distance of 5.00 feet to a point; THENCE North 89 degrees 14 minutes 26 seconds East a
distance of 27.52 feet to a point; THENCE North 81 degrees 52 minutes 19 seconds East a
distance of 46.60 feet to a point, on the west line of an existing easement recorded in Deed Book
6970, Page 1031 of said Recorder’s Office; THENCE South 02 degrees 37 minutes 00 seconds
East, along said west line of the existing easement, a distance of 36.71 feet to a point, on the
south line of said Lot 20; THENCE South 87 degrees 23 minutes 00 seconds West, along said
south line, a distance of 114.00 feet to the Point Of Beginning.
A TEMPORARY CONSTRUCTION LICENSES across part of Lot 20 of Chester Heights, a
subdivision according to the plat thereof recorded in Plat Book 11, Page 7 of the St. Louis
County, Missouri Recorder’s Office, Temporary Construction License being more particularly
described as follows:
Commencing at the southwest corner of a tract of land conveyed to Rosemary Clark by Deed
Book 9896, Page 1694 as recorded in said Recorder’s Office, said corner also being the
southwest corner of the aforementioned Lot 20 and being on the centerline of the vacated
Chester Avenue; THENCE North 00 degrees 49 minutes 00 seconds East, along the west line of
said Lot 20, a distance of 34.42 feet to the Point Of Beginning of the herein described
TEMPORARY CONSTRUCTION LICENSE; THENCE continuing North 00 degrees 49
minutes 00 seconds East, along the west line of said Lot 20, a distance of 7.70 feet to a point;
THENCE North 78 degrees 04 minutes 10 seconds East a distance of 80.99 feet to a point;
THENCE South 75 degrees 44 minutes 25 seconds East a distance of 9.03 feet to a point;
THENCE North 86 degrees 10 minutes 16 seconds East a distance of 39.59 feet to a point;
THENCE North 73 degrees 43 minutes 57 seconds East a distance of 27.19 feet to a point, on the
west right-of-way line of OHLMAN (50 foot wide) AVENUE; THENCE South 00 degrees 40
minutes 00 seconds West, along said west right-of-way line, a distance of 20.23 feet to a point,
on the north line of an existing easement recorded in Deed Book 6970, Page 1031 of said
Recorder’s Office; THENCE North 89 degrees 20 minutes 00 seconds West, along said north
line, a distance of 42.00 feet to a point, on the west line of said existing easement; THENCE
South 02 degrees 37 minutes 00 seconds East, along said west line of existing easement, a
distance of 5.29 feet to a point; THENCE South 81 degrees 52 minutes 19 seconds West a
distance of 46.60 feet to a point; THENCE South 89 degrees 14 minutes 26 seconds West a
distance of 27.52 feet to a point; THENCE North 00 degrees 45 minutes 34 seconds West a
distance of 5.00 feet to a point; THENCE South 89 degrees 14 minutes 26 seconds West a
distance of 10.00 feet to a point; THENCE South 00 degrees 45 minutes 34 seconds East a
distance of 5.00 feet to a point; THENCE South 89 degrees 14 minutes 26 seconds West a
distance of 28.07 feet to the Point Of Beginning.
TEMPORARY CONSTRUCTION LICENSE 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 if possible, or to institute and
prosecute an action in condemnation 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 January 12, 2006.