HomeMy Public PortalAbout13461ORDINANCE NO. 13461
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
Taylor – Fillmore – Harrison Sanitary Relief (SKME – 502 & 503) (10121) 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, in the City of Kirkwood, within the Gravois 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 Taylor – Fillmore – Harrison
Sanitary Relief (SKME – 502 & 503) (10121) as hereinafter set forth, said easements and
temporary easements being more particularly described below:
Taylor-Fillmore-Harrison Sanitary Relief Sewer
M.S.D. Project No. 10121
Parcel #1
A VARIABLE WIDTH EASEMENT across Part of Lot A in CONSOLIDATION PLAT, PART
OF LOTS 66 AND 67 OF EAST KIRKWOOD as recorded in Plat Book 348, Page 616 of St
Louis County, Missouri Recorder’s Office and being more particularly described as follows:
COMMENCING at the intersection of the southeastern right-of-way line of Elliott (60 feet wide)
Avenue with the southwestern right-of-way line of Leffingwell (60 feet wide) Avenue; THENCE
South 37 degrees 18 minutes 45 seconds East, along said southwestern right-of-way line a
distance of 622.12 feet to a point; THENCE South 38 degrees 45 minutes 27 seconds East, along
said southwestern right-of-way line a distance of 95.31 feet to the POINT OF BEGINNING of
herein described VARIABLE WIDTH EASEMENT; THENCE South 38 degrees 45 minutes 27
seconds East along said southwestern right-of-way line a distance of 5.00 feet to a point;
THENCE South 49 degrees 15 minutes 37 seconds West, along the northwestern line of an
existing 10.00 foot wide easement as recorded in Deed Book 6490, Page 1987 of said Recorder’s
Office, a distance of 257.53 feet to a point; THENCE South 57 degrees 55 minutes 45 seconds
West a distance of 72.44 feet to a point; THENCE South 33 degrees 28 minutes 21 seconds West
a distance of 40.13 feet to a point; THENCE South 49 degrees 15 minutes 37 seconds West,
along the said northwestern line of an existing 10.00 foot wide easement, a distance of 36.75 feet
to a point; THENCE North 33 degrees 28 minutes 21 seconds East a distance of 77.66 feet to a
point; THENCE North 57 degrees 55 minutes 45 seconds East a distance of 107.02 feet to a
point; THENCE North 49 degrees 15 minutes 37 seconds East a distance of 224.15 feet to the
POINT OF BEGINNING, excepting therefrom those portions covered by the existing easement
recorded in Deed Book 6633, Page 855 of said Recorder’s Office.
Also TWO (2) TEMPORARY CONSTRUCTION EASEMENTS for use during the construction
of any sewer in the above described sewer easements and being more particularly described as
follows:
A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT NO. 1
COMMENCING at the intersection of the southeastern right-of-way line of Elliott (60 feet wide)
Avenue with the southwestern right-of-way line of Leffingwell (60 feet wide) Avenue; THENCE
South 37 degrees 18 minutes 45 seconds East, along said southwestern right-of-way line a
distance of 622.12 feet to a point; THENCE South 38 degrees 45 minutes 27 seconds East, along
said southwestern right-of-way line a distance of 75.30 feet to the POINT OF BEGINNING of
herein described 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT NO. 1;
THENCE South 38 degrees 45 minutes 27 seconds East along said southwestern right-of-way
line a distance of 20.01 feet to a point; THENCE continuing along the northwestern lines of
herein described VARIABLE WIDTH EASEMENT the following bearings and distances: South
49 degrees 15 minutes 37 seconds West a distance of 224.15 feet, South 57 degrees 55 minutes
45 seconds West a distance of 107.02 feet and South 33 degrees 28 minutes 21 seconds West a
distance of 77.66 feet; THENCE South 49 degrees 15 minutes 37 seconds West, along the
northwestern line of an existing 10.00 foot wide easement, a distance of 99.14 feet to a point;
THENCE North 40 degrees 38 minutes 36 seconds West a distance of 20.00 feet to a point;
THENCE North 49 degrees 15 minutes 37 seconds East a distance of 96.33 feet to a point;
THENCE North 33 degrees 28 minutes 21 seconds East a distance of 79.23 feet to a point;
THENCE North 57 degrees 55 minutes 45 seconds East a distance of 109.84 feet to a point;
THENCE North 49 degrees 15 minutes 37 seconds East a distance of 223.32 feet to the POINT
OF BEGINNING, excepting therefrom those portions covered by the existing easement recorded
in Deed Book 6633, Page 855 of said Recorder’s Office.
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 2
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 2 lying adjacent
to the southeastern lines of herein described VARIABLE WIDTH EASEMENT, bounded on the
southeast by the said northwestern line of an existing 10.00 foot wide easement.
The TWO (2) 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 August 9, 2012.