HomeMy Public PortalAbout12392O R D I N A N C E NO. 12392
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 Ballas Road N. #103 & 107 (GRG-38) (2003128) 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 Sugar 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 Ballas Road N. #103 & 107 (GRG-38) (2003128)
as hereinafter set forth, said easements and licenses being more particularly described below:
Ballas Road
N. 103 & 107 GRG-38
M.S.D. Project No. 2003128
Part of Lot # 36 Highland Terrace, Plat Book 10, Page 79
n/f Frank R. L. Carlson
Loc # 24O640626
Deed Book 12338, Page 843
A VARIABLE WIDTH PERMANENT SEWER EASEMENT
A 10 feet wide permanent sewer easement across Part of Lot 36 of Highland Terrace, Plat Book
10 Page 79, as recorded in the St. Louis County Recorder’s Office, being more particularly
described as follows:
COMMENCING at the Southeast corner of said Carlson property THENCE North 01 degrees 24
minutes 42 seconds East, a distance of 82.67 feet to the POINT OF BEGINNING; THENCE
North 88 degrees 35 minutes 18 seconds West, a distance of 20.00 feet to a point; THENCE
North 20 degrees 24 minutes 30 seconds East, a distance of 61.44 feet to a point; THENCE
South 01 degrees 24 minutes 42 seconds West along Eastern line of said Carlson property, a
distance of 58.10 feet to the POINT OF BEGINNING, containing 581 square feet more or less.
A VARIABLE WIDTH TEMPORARY CONSTRUCTION LICENSE
A variable width temporary construction license across Part of Lot 36 of Highland Terrace, Plat
Book 10 Page 79, as recorded in the St. Louis County Recorder’s Office, being more particularly
described as follows:
COMMENCING at the Northeast corner of said Carlson property also being the POINT OF
BEGINNING; THENCE South 01 degrees 24 minutes 42 seconds West, a distance of 27.02 feet
to a point; THENCE South 20 degrees 24 minutes 30 seconds West, a distance of 61.44 feet to a
point; THENCE South 88 degrees 35 minutes 18 seconds East, a distance of 20.00 feet to a
point; THENCE South 01 degrees 24 minutes 42 seconds West, a distance of 41.48 feet to a
point; THENCE South 64 degrees 40 minutes 13 seconds West, a distance of 69.30 feet to a
point; THENCE North 88 degrees 35 minutes 18 seconds West, along the North line of an
existing 10 foot wide sewer easement to the City of Kirkwood, Deed Book 2921, Page 404, a
distance of 181.76 feet to a point; THENCE North 01 degrees 24 minutes 34 seconds, a distance
of 42.00 feet to a point; THENCE South 88 degrees 35 minutes 18 seconds East, a distance of
20.84 feet; THENCE North 00 degrees 17 minutes 41 seconds East, a distance of 33.61 feet to a
point; THENCE North 27 degrees 05 minutes 26 seconds East, a distance of 17.43 feet to a
point; THENCE North 00 degrees 17 minutes 41 seconds East, a distance of 85.95 feet to a
point; THENCE South 83 degrees 28 minutes 37 seconds East, a distance of 15.09 feet to a
point; THENCE South 00 degrees 17 minutes 41 seconds West, a distance of 87.89 feet to a
point; THENCE South 27 degrees 05 minutes 26 seconds West, a distance of 17.43 feet to a
point; THENCE South 00 degrees 17 minutes 41 seconds West, a distance of 54.45 feet to a
point; THENCE South 89 degrees 42 minutes 19 seconds East, a distance of 145.56 feet to a
point; THENCE North 20 degrees 45 minutes 48 seconds East, a distance of 76.11 feet to a
point; THENCE North 06 degrees 31 minutes 16 seconds East, a distance of 64.28 feet to a
point; THENCE South 83 degrees 28 minutes 39 seconds East, a distance of 31.06 feet to the
POINT OF BEGINNING, containing 12,587 square feet more or less.
Ballas Road
N. 103 & 107 GRG-38
M.S.D. Project No. 2003128
Part of Lot # 36 of Highland Terrace, Plat Book 10, Page 79
n/f Richard K. Blanner
Loc # 24O640617
Deed Book 13478, Page 1052
A VARIABLE WIDTH PERMANENT SEWER EASEMENT
A variable width permanent sewer easement across Part of Lot 36 of Highland Terrace, Plat
Book 10 Page 79, as recorded in the St. Louis County Recorder’s Office, being more particularly
described as follows:
COMMENCING at the Southeast corner of Blanner property per Deed Book 13478, page 1052,
THENCE North 01 degrees 24 minutes 34 seconds East along the eastern line of said Blanner
property a distance of 10.00 feet to a point; THENCE North 88 degrees 35 minutes 18 seconds
West, along the North line of an existing 10 foot wide sewer easement to MSD, Deed Book
2923, Page 36, a distance of 34.81 feet to a point; THENCE North 77 degrees 23 minutes 18
seconds West, along said North line of existing easement, a distance of 35.41 feet to the POINT
OF BEGINNING; THENCE North 77 degrees 23 minutes 18 seconds West, along said North
line of existing easement, a distance of 30.24 feet to a point; THENCE North 75 degrees 47
minutes 25 seconds East, a distance of 26.99 feet to a point; THENCE South 14 degrees 12
minutes 35 seconds East, a distance of 13.65 feet to the POINT OF BEGINNING, containing
184 square feet more or less.
VARIABLE WIDTH TEMPORARY CONSTRUCTION LICENSE #1
A variable width temporary construction license across part of Lot 36 of Highland Terrace, Plat
Book 10 Page 79, as recorded in the St. Louis County Recorder’s Office, being more particularly
described as follows:
COMMENCING at the Southeast corner of said Blanner property per Deed Book 13478 Page
1052, THENCE North 01 degrees 24 minutes 34 seconds East along the Eastern line of said
Blanner property, a distance of 10.00 feet to the POINT OF BEGINNING; THENCE North 88
degrees 35 minutes 18 seconds West, along the North line of an existing 10 foot wide sewer
easement to MSD, Deed Book 2923, Page 36,a distance of 34.81 feet to a point; THENCE North
77 degrees 23 minutes 18 seconds West, along said North line of existing easement, a distance of
35.41 feet to a point; THENCE North 14 degrees 12 minutes 35 seconds West, a distance 13.65
feet to a point; THENCE South 75 degrees 47 minutes 25 seconds West, a distance of 26.99 feet
to a point; THENCE North 77 degrees 23 minutes 18 seconds West, along said North line of
existing easement, a distance of 23.92 feet; THENCE North 01 degrees 24 minutes 42 seconds
East, a distance of 6.76 feet to a point; THENCE South 89 degrees 42 minutes 19 seconds East, a
distance of 63.02 feet; THENCE South 00 degrees 00 minutes 00 seconds West, a distance of
5.08 feet to a point; THENCE North 74 degrees 50 minutes 21 seconds East, a distance of 62.12
feet to a point; THENCE South 01 degrees 24 minutes 34 seconds East along Eastern line of said
Blanner property, a distance of 38.03 to the POINT OF BEGINNING, containing 2,352 square
feet more or less.
VARIABLE WIDTH TEMPORARY CONSTRUCTION LICENSE #2
A variable width temporary construction license across part of Lot 36 of Highland Terrace, Plat
Book 10 Page 79, as recorded in the St. Louis County Recorder’s Office, being more particularly
described as follows:
COMMENCING at the Southwest corner of said Blanner property per Deed Book 13478 Page
1052, also being the POINT OF BEGINNING; THENCE North 01 degrees 24 minutes 42
seconds East, along Western line of said Blanner property a distance of 17.20 feet to a point;
THENCE South 77 degrees 23 minutes 18 seconds East, along the North line of an existing 10
foot wide sewer easement to MSD, Deed Book 2923, Page 36, a distance of 88.57 feet to a point;
THENCE North 88 degrees 35 minutes 18 seconds West, along Southern line of said Blanner
property, a distance of 86.88 feet to the POINT OF BEGINNING, containing 747 square feet
more or less.
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 February 8, 2007.