HomeMy Public PortalAbout13065ORDINANCE NO. 13065
AN ORDINANCE, declaring the necessity for the acquisition of an easement and
temporary easements in certain real property within The Metropolitan St. Louis Sewer District
for the purpose of construction of storm sewers, storm channel and related appurtenances in the
project known as Bristow and Ann Storm Sewer (2007084) to serve the needs of residents of the
area, and authorizing the acquisition of said easement and temporary easements 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 Charlack, County of St. Louis within the Bissell Point Watershed wherein live and
work numerous people; and
WHEREAS, storm water 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 sewers, storm channel 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 temporary easements in real property for the construction of storm
sewers, storm channel and related appurtenances in the project known as Bristow and Ann Storm
Sewer (2007084) as hereinafter set forth, said easement and temporary easements being more
particularly described below:
BRISTOW & ANN STORM SEWER
M.S.D. Project No. 2007084
Parcel No. 6
A 10.00 FOOT WIDE EASEMENT across part of Lot 14 and Lot 15 in Block 6 of
MIDLAND HEIGHTS, a subdivision recorded in Plat Book 3, Page 57 of the St. Louis
County, Missouri Recorder’s Office, said easement being more particularly described as
follows:
COMMENCING at the southeast corner of said Lot 14, said POINT OF
COMMENCING also being on the west right-of-way line of Bristow (40’ wide) Avenue;
THENCE North 08 degrees 28 minute 56 seconds East along the said west right-of-way
line a distance of 68.00 feet to a point; THENCE North 81 degrees 31 minutes 04
seconds West along the north line of a tract of land conveyed to Joseph C. Flunker by
deed recorded in Deed Book 17170 Page 924 of said St. Louis County, Missouri
Recorder’s Office, said north line also being the south line of a tract of land conveyed to
Marie A. Larson by deed recorded in Deed Book 13847 Page 2157 of said Recorder’s
Office a distance of 151.94 feet to the POINT OF BEGINNING of the center line of
herein described 10.00 FOOT WIDE EASEMENT; THENCE North 26 degrees 08
minutes 42 seconds East, along said center line a distance of 90.25 feet to the POINT OF
TERMINATION, said POINT OF TERMINATION also being on the north line of said
tract of land conveyed to Marie A. Larson, said north line of a tract of land conveyed to
Marie A. Larson also being the south line of a tract of land conveyer to Gary D. Karaz Sr.
by deed recorded in Deed Book 487 Page 2419 of said St. Louis County, Missouri
Recorder’s Office, said POINT OF TERMINATION also being North 81 degrees 31
minutes 04 seconds West along the said south line of a tract of land conveyed to Gary D.
Karaz Sr. a distance of 124.56 feet from the said west right-of-way line of Bristow (40’
wide) Avenue.
Also two (2) 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENTS for
use during the construction of any sewer in the above described sewer easement, said
temporary construction easement being more particularly described as follows:
A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT adjacent to the
northwest line of above described 10.00 FOOT WIDE EASEMENT, bounded on the
south by the said north line of a tract of land conveyed to Joseph C. Flunker and bounded
on the north by the south line of a tract of land conveyer to Gary D. Karaz Sr.
A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT adjacent to the
southeast line of above described 10.00 FOOT WIDE EASEMENT, bounded on the
south by the said north line of a tract of land conveyed to Joseph C. Flunker and bounded
on the north by the south line of a tract of land conveyer to Gary D. Karaz Sr.
The 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 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 April 8, 2010.