HomeMy Public PortalAbout12970ORDINANCE NO. 12970
AN ORDINANCE, declaring the necessity for the acquisition of an easement and
licenses 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 CSO-Edgewood L-
174 and Ladue Forest I-125 Interceptor/Outfall Removal (2005105) to serve the needs of
residents of the area, and authorizing the acquisition of said easement 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 City of Ladue, County of St. Louis within the Black Creek Watershed wherein live and
work numerous people; and
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 an easement and license in real property for the construction of sewers and related
appurtenances in the project known as CSO-Edgewood L-174 and Ladue Forest I-125
Interceptor/Outfall Removal (2005105) as hereinafter set forth, said easement and licenses being
more particularly described below:
The foregoing Ordinance was adopted October 8, 2009.
CSO-Edgewood L-174 and Ladue Forest I-125 Interceptor/Outfall Removal
MSD Project No. 2005105
Parcel No. 04
18L-31-0116
A Variable Width EASEMENT across part of Lot 2 in MEHL EDGEWOOD
ADDITION, a subdivision recorded in Plat Book 14, Page 95 of the St. Louis County, Missouri
Recorder’s Office, said easement being more particularly described as follows:
A Variable Width EASEMENT:
Commencing at the northwest corner of said Lot 2; THENCE South 89 degrees 32 minute 27
seconds East, along the north line of said Lot 2, said north line also being the south line of Lot 6 of
LADUE FOREST, a subdivision recorded in Plat Book 46, Page 23 of said Recorder’s Office a
distance of 77.93 feet to the point OF BEGINNING of the herein described Variable Width
EASEMENT; THENCE South 89 degrees 32 minute 27 seconds East, along said north line a
distance of 61.15 feet to a point; THENCE South 32 degrees 25 minutes 21 seconds West a
distance of 2.33 feet to a point; THENCE North 89 degrees 32 minutes 13 seconds West a
distance of 38.43 feet to a point; THENCE South 40 degrees 16 minutes 50 seconds West a
distance of 22.36 feet to a point; THENCE South 09 degrees 13 minutes 17 seconds West a
distance of 19.37 feet to a point; THENCE North 80 degrees 46 minutes 43 seconds West a
distance of 11.67 feet to a point; THENCE South 40 degrees 16 minutes 50 seconds West a
distance of 76.21 feet to a point; THENCE South 29 degrees 19 minutes 25 seconds West a
distance of 45.18 feet to a point; THENCE North 00 degrees 27 minutes 35 seconds East, along
the common line of Lots 1 and 2 of said MEHL EDGEWOOD ADDITION a distance of 20.72
feet to a point; THENCE North 29 degrees 19 minutes 25 seconds East a distance of 28.00 feet to
a point; THENCE North 40 degrees 16 minutes 50 seconds East a distance of 97.00 feet to a point;
THENCE North 09 degrees 13 minutes 17 seconds East a distance of 15.05 feet to the POINT OF
BEGINNING.
Also, three (3) TEMPORARY CONSTRUCTION LICENSES for use during the construction of
any sewer in the above described sewer easement, said temporary construction licenses being
more particularly described as follows:
A VARIABLE WIDTH TEMPORARY CONSTRUCTION LICENSE NO. 1, Commencing at the
northwest corner of said Lot 2; THENCE South 89 degrees 32 minute 27 seconds East, along the
said north line of Lot 2, said north line also being the south line of Lot 6 of LADUE FOREST, a
subdivision recorded in Plat Book 46, Page 23 of said Recorder’s Office a distance of 139.08 feet
to the point OF BEGINNING of the herein described VARIABLE WIDTH TEMPORARY
CONSTRUCTION LICENSE NO. 1; THENCE South 89 degrees 32 minute 27 seconds East,
along said north line a distance of 11.79 feet to a point; THENCE South 32 degrees 25 minutes 21
seconds West a distance of 6.95 feet to a point; THENCE South 74 degrees 56 minutes 19 seconds
West a distance of 22.74 feet to a point; THENCE North 89 degrees 32 minutes 13 seconds West a
distance of 21.19 feet to a point; THENCE South 40 degrees 16 minutes 50 seconds West a
distance of 14.90 feet to a point; THENCE South 09 degrees 13 minutes 17 seconds West a
distance of 26.59 feet to a point; THENCE North 80 degrees 46 minutes 43 seconds West a
distance of 16.01 feet to a point; THENCE South 40 degrees 16 minutes 50 seconds West a
distance of 69.60 feet to a point; THENCE South 29 degrees 19 minutes 25 seconds West a
distance of 62.36 feet to a point; THENCE North 00 degrees 27 minutes 35 seconds East, along
the said common line of Lots 1 and 2 a distance of 20.72 feet to a point; THENCE North 29
degrees 19 minutes 25 seconds East a distance of 45.18 feet to a point: THENCE North 40 degrees
16 minutes 50 seconds East a distance of 76.21 feet to a point; THENCE South 80 degrees 46
minutes 43 seconds East a distance of 11.67 feet to a point; THENCE North 09 degrees 13
minutes 17 seconds East a distance of 19.37 feet to a point; THENCE North 40 degrees 16
minutes 50 seconds East a distance of 22.36 feet to a point; THENCE South 89 degrees 32
minutes 13 seconds East a distance of 38.43 feet to a point; THENCE North 32 degrees 25
minutes 21 seconds East a distance of 2.33 feet to the POINT OF BEGINNING.
A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE NO. 2 being adjacent to the
northwest lines of herein described Variable Width EASEMENT, bounded on the north by the
said north line of Lot 2 and bounded on the southwest by the said common line of Lots 1 and 2.
A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE NO. 3, Commencing at the
northwest corner of said Lot 2; THENCE South 00 degrees 27 minutes 35 seconds West, along the
said common line of Lots 1 and 2 a distance of 183.60 feet to the point OF BEGINNING of the
centerline of herein described 10.00 FOOT WIDE TEMPORARY CONSTRUCTION LICENSE
NO. 3; THENCE South 66 degrees 24 minutes 20 seconds East, along said centerline a distance of
24.12 feet to the POINT OF TERMINATION of the centerline of herein described 10.00 FOOT
WIDE TEMPORARY CONSTRUCTION LICENSE NO. 3.
TEMPORARY CONSTRUCTION LICENSE NO. 1, NO. 2 and NO. 3 will become null and void
upon completion of the above described sewer construction.
Section Two. Counsel for The Metropolitan St. Louis Sewer District 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.