HomeMy Public PortalAbout13157ORDINANCE NO. 13157
AN ORDINANCE, declaring the necessity for the acquisition of easements and
temporary construction 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 Woodleaf Court Storm Sewer Improvements (10151) to
serve the needs of residents of the area, and authorizing the acquisition of said easement and
temporary construction 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 Kirkwood, County of St. Louis within the Deer Creek 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 easements and temporary construction easements in real property for the construction
of storm sewers, storm channel and related appurtenances in the project known as Woodleaf
Court Storm Sewer Improvements (10151) as hereinafter set forth, said easements and temporary
construction easements being more particularly described below:
WOODLEAF COURT STORM SEWER
M.S.D. Project No. 2006069 - 10151
Parcel No. 05
A VARIABLE WIDTH EASEMENT across part of Lot 6 in WOODLEAF COURT, a
subdivision recorded in Plat Book 49, Page 34 of St. Louis County, Missouri Recorder’s Office,
said easement being more particularly described as follows:
COMMENCING at the northeast corner of said Lot 6, said northeast corner also being the
southeast corner of Lot 5 in said WOODLEAF COURT; THENCE North 88 degrees 12 minute
48 seconds West along the common line of said Lot 6 and said Lot 5 a distance of 23.60 feet to
the POINT OF BEGINNING of the herein described VARIABLE WIDTH EASEMENT;
THENCE 61.22 feet along a curve to the right having a radius of 117.50 feet and a chord
bearing of South 65 degrees 49 minutes 56 seconds West to a point of curvature; THENCE 27.92
feet along a curve to the left, said curve to the left also being the easterly right-of-way line of
Woodleaf (50’W) Court, having a radius of 50.00 feet and a chord bearing of North 17 degrees
46 minutes 47 seconds East to a point; THENCE South 88 degrees 12 minute 48 seconds East
along the common line of said Lot 6 and said Lot 5 a distance of 46.83 feet to the POINT OF
BEGINNING of the herein described VARIABLE WIDTH EASEMENT, excepting there from
those portions covered by the existing easement recorded in said Plat Book 49, Page 34.
Also, a 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT 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 southeast
line of above described VARIABLE WIDTH EASEMENT, bounded on the north by the said
north line of Lot 6, bounded on the west by the said easterly right-of-way line of Woodleaf (50’
wide) Court and the west line of said Lot 6, excepting there from those portions covered by the
existing easement recorded in said Plat Book 49, Page 34.
The above described TEMPORARY CONSTRUCTION EASEMENT will become null and void
upon completion of the above described sewer construction.
WOODLEAF COURT STORM SEWER
M.S.D. Project No. 2006069 - 10151
Parcel No. 08
A 15.00 FOOT WIDE EASEMENT across part of Lot 9 in TENNSTONE ACRES
SUBDIVISION, a subdivision recorded in Plat Book 47, Page 69 of St. Louis County, Missouri
Recorder’s Office, said easement being more particularly described as follows:
COMMENCING at the northeast corner of said Lot 9, said northeast corner also being the
northwest corner of Lot 10 in said TENNSTONE ACRES SUBDIVISION; THENCE South 00
degrees 53 minute 41 seconds West, along the east line of said Lot 9, said east line also being the
west line said Lot 10 a distance of 1.72 feet to the POINT OF BEGINNING of the centerline of
herein described 15.00 FOOT WIDE EASEMENT; THENCE South 47 degrees 10 minutes 57
seconds West a distance of 5.98 feet to a point of curvature; THENCE 29.66 feet along a curve
to the right having a radius of 50.00 feet and a chord bearing of South 64 degrees 10 minutes 39
seconds West to a point; THENCE South 82 degrees 39 minutes 58 seconds West a distance of
45.80 feet to the POINT OF TERMINATION of herein described 15.00 FOOT WIDE
EASEMENT, said POINT OF TERMINATION also being South 14 degrees 05 minutes 09
seconds East, along the west line of said Lot 9, said west line also being the east line of Lot 8 in
said TENNSTONE ACRES SUBDIVISION a distance of 27.94 feet from the northwest corner
of said Lot 9, excepting there from those portions covered by the existing easements recorded in
Deed Book 1520, Page 198, Deed Book 2803, Page 100 and said Plat Book 47, Page 69.
Also, two (2) TEMPORARY CONSTRUCTION EASEMENTS for use during the construction
of any sewer in the above described sewer easement, said TEMPORARY CONSTRUCTION
EASEMENTS being more particularly described as follows:
A 15.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT NO. 1 adjacent to the
north line of above described 15.00 FOOT WIDE EASEMENT, bounded on the west by the said
west line of Lot 9 and bounded on the north by the north line of said Lot 9, excepting there from
those portions covered by the existing easements recorded in said Deed Book 1520, Page 198,
said Deed Book 2803, Page 100 and said Plat Book 47, Page 69.
A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT NO. 1 adjacent to the
south line of above described 15.00 FOOT WIDE EASEMENT, bounded on the west by the said
west line of Lot 9 and bounded on the east by the east line of said Lot 9, excepting there from
those portions covered by the existing easements recorded in said Deed Book 1520, Page 198,
said Deed Book 2803, Page 100 and said Plat Book 47, Page 69.
The TEMPORARY CONSTRUCTION EASEMENTS NO. 1 and NO. 2 will become null and
void upon completion of the above described sewer construction.
WOODLEAF COURT STORM SEWER
M.S.D. Project No. 2006069 - 10151
Parcel No. 14
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT across part of Lot 7 in
WOODLEAF COURT, a subdivision recorded in Plat Book 49, Page 34 of the St. Louis County,
Missouri Recorder’s Office, said VARIABLE WIDTH TEMPORARY CONSTRUCTION
EASEMENT being more particularly described as follows:
BEGINNING at the northwestern corner of said Lot 7, said northwestern corner also being on
the southern Right of Way line of Woodleaf (50’wide) Court; THENCE 12.59 feet along a curve
to the left, said curve also being the said southern Right of Way line of Woodleaf (50’wide)
Court, having a radius of 50.00 feet and a chord bearing of South 35 degrees 24 minutes 53
seconds East to a point; THENCE North 88 degrees 12 minutes 48 seconds West a distance of
7.59 feet to a point; THENCE North 01 degrees 47 minutes 15 seconds East, along the west line
of said Lot 7 a distance of 10.00 feet to the POINT OF BEGINNING.
The VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT is for use during the
construction of any sewer in the above described sewer easement and 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 November 10, 2010.