HomeMy Public PortalAbout13335ORDINANCE NO. 13335
AN ORDINANCE, declaring the necessity for the acquisition of easements 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
Conway Lane #48 Sanitary Sewer (IR) (10848) to serve the needs of residents of the area, and
authorizing the acquisition of said easements 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 Deer 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 easements and temporary construction easements in real property for the construction
of sewers and related appurtenances in the project known as Conway Lane #48 Sanitary Sewer
(IR) (10848) as hereinafter set forth, said easements and temporary easements being more
particularly described below:
Conway Lane #48 Sanitary Sewer (I.R.)
M.S.D. Project No. 10848
19M-53-0259
A 10.00 FOOT WIDE EASEMENT across a tract of land conveyed to W. Layton
Stewart and Robert Drace, Trustees of the Trust for Robert Drace, under the
Indenture of Trust of Jane Ambruster Beard dated June 27, 1980 and W. Layton
Stewart and Deborah Drace, Trustees of the Trust for Deborah Drace under the
Indenture of Trust of Jane Ambruster Beard dated June 27, 1980, Grantees, as
tenants in common each Grantee trust having an undivided one-half (1/2) interest,
of the County of St. Louis, State of Missouri Recorder’s Office and being more
particularly described as follows:
COMMENCING at the northeastern corner of said tract of land; THENCE North
89 degrees 27 minutes 22 seconds West along the north line of said tract of land,
said north line also being the south line of a tract of land conveyed to Wanda R.
Boineau as recorded in Deed Book 12635, Page 143 of said Recorder’s Office a
distance of 131.79 feet to the POINT OF BEGINNING of the centerline of herein
described 10.00 FOOT WIDE EASEMENT; THENCE South 23 degrees 52
minutes 41 seconds East a distance of 99.99 feet to a point; THENCE South 66
degrees 23 minutes 56 seconds East a distance of 52.00 feet to the POINT OF
TERMINATION of the centerline of herein described 10.00 FOOT WIDE
EASEMENT, said POINT OF TERMINATION being on the southeastern line of
said tract of land, said southeastern line also being the northwestern line of a tract
of land conveyed to Barnes T. Ellis III Trustee by Deed Book 16403, Page 0843
of said Recorder’s Office, excepting therefrom those portions covered by the
existing easement recorded in Deed Book 1446, Page 400 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 EASEMENT being more particularly
described as follows:
A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT NO. 1
A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT lying
adjacent and parallel to the northeastern lines of herein described 10.00 FOOT
WIDE EASEMENT, bounded on the north by the said north line of a tract of land
and bounded on the southeast by the said southeastern line of a tract of land,
excepting therefrom those portions covered by the existing easement recorded in
Deed Book 1446, Page 400 of said Recorder’s Office.
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 2
COMMENCING at the northeastern corner of said tract of land; THENCE North
89 degrees 27 minutes 22 seconds West along the said north line a distance of
137.28 feet to the POINT OF BEGINNING of herein described VARIABLE
WIDTH TEMPORARY CONSTRUCTION EASEMENT; THENCE along the
southwestern lines of herein described 10.00 FOOT WIDE EASEMENT the
following bearings and distances: South 23 degrees 52 minutes 41 seconds East a
distance of 104.21 feet to a point and South 66 degrees 23 minutes 56 seconds
East a distance of 54.13 feet to a point; THENCE South 21 degrees 28 minutes 07
seconds West, along the said southeastern line a distance of 10.01 feet to a point;
THENCE North 66 degrees 23 minutes 56 seconds West a distance of 58.39 feet
to a point; THENCE North 23 degrees 52 minutes 41 seconds West a distance of
104.77 feet to a point; THENCE North 89 degrees 27 minutes 22 seconds West a
distance of 154.04 feet to a point; THENCE North 00 degrees 52 minutes 47
seconds East, along the west line of said tract of land, said west line also being the
east line of a tract of land conveyed to Mark E. Abels and Merri M. Abels as
recorded in Deed Book 19601, Page 779 of said Recorder’s Office a distance of
7.17 feet to a point, said point also being the northwestern corner said tract of
land; THENCE South 89 degrees 27 minutes 22 seconds East, along the said
north line, said north line also being the south line of a tract of land conveyed to
Sara B. O’Hallaron as recorded in Deed Book 17197, Page 4282 of said
Recorder’s Office a distance of 161.72 feet to the POINT OF BEGINNING,
excepting therefrom those portions covered by the existing easement recorded in
Deed Book 1446, Page 400 of said Recorder’s Office
The TEMPORARY CONSTRUCTION EASEMENTS will become null and void
upon completion of the above described 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 December 8, 2011.