HomeMy Public PortalAbout13336ORDINANCE NO. 13336
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
Baumgartner & Black Forest Sanitary Replacement Phase II (10407) 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 Mattese 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 Baumgartner & Black Forest
Sanitary Replacement Phase II (10407) as hereinafter set forth, said easements and temporary
easements being more particularly described below:
Baumgartner & Black Forest Sanitary Replacement
Phase II - 10407
Parcel No. 21
A 10.00 FOOT WIDE EASEMENT across a tract of land in the South 1/2 of the
Southeast 1/4 of Section 11, Township 43 North, Range 6 East as conveyed to
Arnold’s Billiards, Inc., d/b/a Schaefer’s Billiards and Hobby Shop, Inc. by Deed
Book 8916, Page 221 as recorded in St. Louis County, Missouri Recorder’s
Office, said easement being more particularly described as follows:
A 10.00 FOOT WIDE EASEMENT
COMMENCING at the northwest corner of Chalet Forest Plat 4 as recorded in
Plat Book 176, Pages 36 and 37 of the St. Louis County, Missouri Recorder’s
Office, said northwest corner also being the southwest corner of said tract of land
conveyed to Arnold’s Billiards, Inc.; THENCE North 00 degrees 38 minutes 29
seconds East along the west line of said tract of land, said west line also being the
north-south center line of said Section 11, said north-south center line also being
the east line of Blackforest Estates Plat 2 as recorded in Plat Book 139, Page 69 of
said Recorder’s Office a distance of 125.67 feet to the POINT OF BEGINNING
of the centerline of herein described 10.00 FOOT WIDE EASEMENT; THENCE
South 87 degrees 35 minutes 53 seconds East a distance of 126.41 feet to a point;
THENCE South 81 degrees 47 minutes 02 seconds East a distance of 127.77 feet
to a point; THENCE South 63 degrees 52 minutes 08 seconds East a distance of
161.98 feet to a point; THENCE South 56 degrees 56 minutes 25 seconds East a
distance of 71.68 feet to the POINT OF TERMINATION of the centerline of
herein described 10.00 FOOT WIDE EASEMENT, said POINT OF
TERMINATION being on the south line of said tract of land, said south line also
being the north line of said Chalet Forest Plat 4, said POINT OF TERMINATION
also being South 88 degrees 57 minutes 37 seconds East along the said north line
of Chalet Forest Plat 4 a distance of 459.74 feet from the said southwest corner of
a tract of land, excepting therefrom those portions covered by the existing
easement recorded in Deed Book 6570, Page 911.
Also, a VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT
NO. 1 and a 25.00 FOOT WIDE TEMPORARY CONSTRUCTION
EASEMENT NO. 2 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 VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 1
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT lying
adjacent to the north and northeastern lines of herein described 10.00 FOOT
WIDE EASEMENT, bounded on the west by the said east line of Blackforest
Estates Plat 2, bounded on the north and northeast by the south and southwestern
right of way line of Baumgartner (width varies) Road and bounded on the south
by the said north line of Chalet Forest Plat 4, excepting therefrom those portions
covered by the existing easement recorded in Deed Book 6570, Page 911.
A 25.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT NO. 2
A 25.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT NO. 2
lying adjacent to the south and southwestern lines of herein described 10.00
FOOT WIDE EASEMENT, bounded on the west by the said east line of
Blackforest Estates Plat 2 and bounded on the south by the said north line of
Chalet Forest Plat 4, excepting therefrom those portions covered by the existing
easement recorded in Deed Book 6570, Page 911.
TEMPORARY CONSTRUCTION EASEMENT NO. 1 and NO. 2 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 December 8, 2011.