HomeMy Public PortalAbout13592ORDINANCE NO. 13592
AN ORDINANCE, declaring the necessity for the acquisition of a temporary
construction easement 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
Topping Sanitary Relief (SKME-421) (10199) to serve the needs of residents of the area, and
authorizing the acquisition of temporary construction easement 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 Town and Country, within the Grand Glaize 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;
WHEREAS, Ordinance No. 13463, adopted August 9, 2012, authorized
condemnation proceedings on three (3) properties, and this ordinance requests condemnation
rights for an additional temporary construction easement for the remaining unsettled property;
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 Topping Sanitary Relief
(SKME-421) (10199) as hereinafter set forth, said temporary construction easement, being more
particularly described below:
The foregoing Ordinance was adopted on March 14, 2013.
Topping Sanitary Relief
M.S.D. Project No. 10199
Parcel 8.1
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT (NO. 4) across Part of
Lots 4 and 7 of NATHAN RANNELL’S FARM in Sections 28, 29, 32 and 33, Township 45
North, Range 5 East, St Louis County, Missouri and being more particularly described as
follows:
COMMENCING at the northeastern corner of a tract of land conveyed to Julie A. McCloskey
and Doug McCloskey, Trustees of the Julie A. McCloskey and Doug McCloskey revocable Inter
Vivos Trust as recorded in Deed Book 11443, Page 1137 of the St. Louis County, Missouri
Recorders Office said northeastern corner also being the southeastern corner of Lot 120 in
Thornhill Estates Plat 6 as recorded in Plat Book 123, Page 50 of said Recorder’s Office;
THENCE South 00 degrees 32 minutes 48 seconds West along the eastern line of said tract of
land, said eastern line also being the western line of Lot 24 in Thornhill Estates as recorded in
Plat Book 91, Page 38 of said Recorder’s Office, a distance of 18.40 feet to the southwestern
corner of said Lot 24; THENCE South 00 degrees 29 minutes 53 seconds West along said
eastern line, said eastern line also being the western line of Lot 7 in Topping Ridge Estates as
recorded in Plat Book 282, Page 30 of said Recorder’s Office, a distance of 196.60 feet to the
southeastern corner of said tract of land, said southeastern corner also being the northeastern
corner of a tract of land conveyed to Terry W. McNabb as recorded in Deed Book 9107, Page
1700 of said Recorder’s Office; THENCE North 89 degrees 29 minutes 49 seconds West along
the southern line of said tract of land, said southern line also being the northern line of said tract
of land conveyed to Terry W. McNabb, a distance of 111.52 feet to a point; THENCE North 08
degrees 30 minutes 09 seconds East along the eastern line of an existing 10.00 foot wide sewer
easement as recorded in Deed Book 4324 Page 314 of said Recorder’s Office, a distance of 3.36
feet to the POINT OF BEGINNING of herein described VARIABLE WIDTH TEMPORARY
CONSTRUCTION EASEMENT (NO. 4); THENCE North 08 degrees 30 minutes 09 seconds
East along said eastern line a distance of 43.15 feet to a point; THENCE South 53 degrees 25
minutes 50 seconds East a distance of 20.30 feet to a point; THENCE South 36 degrees 34
minutes 10 seconds West a distance of 38.08 feet to the POINT OF BEGINNING.
The VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT (NO. 4) will become
null and void upon completion of the 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.