HomeMy Public PortalAbout13325ORDINANCE NO. 13325
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 sewers and related appurtenances in the project known as
Riverside & Yarnell Sanitary Relief (SKME-400) 2006050 - 10146 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 County of St. Louis, within the Fenton 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 temporary construction easements in real property for the
construction of sewers and related appurtenances in the project known as Riverside & Yarnell
Sanitary Relief (SKME – 400) 2006050 – 10146 as hereinafter set forth, said easement and
temporary easements being more particularly described below:
RIVERSIDE AND YARNELL
M.S.D. Project No. 2006050 - 10146
Parcel No. 22
A VARIABLE WIDTH EASEMENT across part of Lot 8 in GRAVOIS BLUFFS PLAT
SIX, a subdivision recorded in Plat Book 350, Page 817 of the St. Louis County,
Missouri Recorder’s Office, said easement being more particularly described as follows:
COMMENCING at the northern corner of said Lot 8, said northern corner also being on
the western right-of-way line of OLD HIGHWAY (60.00 foot wide) 141 or BROCK
ROAD; THENCE South 64 degrees 39 minutes 39 seconds West, along the northwest
line of said Lot 8, said northwest line also being the southeast line of a tract of land
conveyed to Geoffrey D. Douglass and Paula J. Douglass by deed recorded in Deed Book
10690, Page 935 of said recorder’s office, a distance of 99.09 feet to the POINT OF
BEGINNING of the herein described VARIABLE WIDTH EASEMENT; THENCE
South 86 degrees 45 minutes 36 seconds East a distance of 59.19 feet to a point;
THENCE South 06 degrees 53 minutes 35 seconds East a distance of 228.80 feet to a
point; THENCE South 61 degrees 11 minutes 08 seconds East a distance of 37.46 feet to
a point; THENCE North 86 degrees 28 minutes 16 seconds East a distance of 22.80 feet
to a point of curvature; THENCE 13.84 feet along a curve to the left, said curve to the left
also being the said western right-of-way line, having a radius of 507.90 feet and a chord
bearing of South 20 degrees 29 minutes 45 seconds East; THENCE South 85 degrees 58
minutes 24 seconds West a distance of 69.59 feet to a point; THENCE North 06 degrees
13 minutes 56 seconds West a distance of 224.00 feet to a point; THENCE North 46
degrees 15 minutes 00 seconds West a distance of 45.01 feet to a point; THENCE North
86 degrees 45 minutes 29 seconds West a distance of 39.68 feet to a point; THENCE
North 64 degrees 39 minutes 39 seconds East, along the said northwest line of Lot 8 a
distance of 20.90 feet to the POINT OF BEGINNING, excepting there from those
portions covered by the existing easements recorded in Deed Book 7206, Page 2486 and
Deed Book 7739, Page 831 of said recorder’s office.
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 25.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT adjacent to the
north and east lines of the above described VARIABLE WIDTH EASEMENT, bounded
on the northwest by the said southeast line of a tract of land conveyed to Geoffrey D.
Douglass and Paula J. Douglass and bounded on the east by the said western right-of-way
line, excepting there from those portions covered by the existing easements recorded in
Deed Book 7206, Page 2486 and Deed Book 7739, Page 831 of said recorder’s office.
A 25.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT adjacent to the
south and west lines of the above described VARIABLE WIDTH EASEMENT, bounded
on the northwest by the said southeast line of a tract of land conveyed to Geoffrey D.
Douglass and Paula J. Douglass and bounded on the east by the said western right-of-way
line, excepting there from those portions covered by the existing easements recorded in
Deed Book 7206, Page 2486 and Deed Book 7739, Page 831 of said recorder’s office.
The above described 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 November 21, 2011.