HomeMy Public PortalAbout13089ORDINANCE NO. 13089
AN ORDINANCE, authorizing the Executive Director and Secretary-Treasurer to
execute an agreement conveying easement rights across certain real property of the District in
Maryland Heights, Missouri known as the Missouri River Wastewater Treatment Plant site to the
Howard Bend Levee District for the construction of a Flank Levee flood protection system along
the interior creeks on MSD property.
WHEREAS, the District is the record owner of certain parcel of real property
located in the City of Maryland Heights, County of St. Louis, State of Missouri, as more
particularly described in Exhibit A, attached hereto and incorporated by reference; and
WHEREAS, The Howard Bend Levee District maintains a system of levees,
including the “500 year” Howard Bend Levee, and other structures to provide protection from
flooding by the Missouri River and certain tributaries of the Levee System; and
WHEREAS, to further enhance the Levee System and provide additional flood
protection and enhanced drainage systems, the Howard Bend Levee District must develop,
construct and maintain a comprehensive storm water conveyance system which will include the
construction of a “100 year” level flank levee system along interior creeks, to manage adjacent
upland and local stormwater flows; and
WHEREAS, The Howard Bend Levee District requires a permanent flank levee
easement to construct, improve and/or realign and maintain a flank levee system, improvements
and appurtenances (the “Flank Levee Improvements”), thereto in and upon the strip or strips of
the Property, as more particularly described and depicted in the hachured area contained in
Exhibit A attached hereto and incorporated by reference (the “Flank Levee Easement Area”).
Specifically, as depicted on the Easement Exhibit, the Flank Levee Easement Area is comprised
of a total permanent flank levee easement area of 331,411 square feet; and
WHEREAS, the District desires to convey to the Howard Bend Levee District a
“Temporary Construction Easement”) to construct the flank levee system, improvements and
appurtenances thereto over and across the property, as described and depicted in the hachured
area shown on Exhibit A.
WHEREAS, The District maintains an existing road levee along the southwest bank of
Discharge Creek from the southeastern end of the District Missouri River Wastewater Treatment
Plant to the existing “500 year” Howard Bend Levee, which is approximately 3,350 feet in total
length (the “Road Levee”) as depicted in Exhibit B attached hereto and incorporated by
reference; and
WHEREAS, the District desires to grant to the Howard Bend Levee District a
perpetual easement to maintain the Road Levee; and
WHEREAS, the conveyance of said easement rights will not interfere with the
District’s aforesaid operations on said real property;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
Section One. The Executive Director and Secretary-Treasurer to execute an
agreement conveying easement rights across certain real property of the District in Maryland
Heights, Missouri known as the Missouri River Wastewater Treatment Plant site to the Howard
Bend Levee District for the construction of a Flank Levee flood protection system along the
interior creeks on MSD property with said easement rights on the real property as depicted in
Exhibit A.
Section Two. The easement instrument authorized in Section 1 of this
Ordinance shall be comprised of such terms and conditions as are approved by the General
Counsel of the District.
The foregoing Ordinance was adopted June 10, 2010.