HomeMy Public PortalAbout13700ORDINANCE NO. 13700
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 Wise
and Mabel Sewer Separation (10029) to serve the needs of residents of the area, and authorizing
staff to proceed with further condemnation efforts related to the project, including but not limited
to the purchase and/or the filing of all necessary court pleadings or documents to commence and
prosecute formal legal proceedings for the acquisition of said easements and temporary
construction easements.
WHEREAS, there exists within The Metropolitan St. Louis Sewer District an area
in the City of Richmond Heights, of the County of St. Louis within the Black 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 Wise and Mabel Sewer Separation
(10029) as hereinafter set forth, said easements and temporary easements being more particularly
described below:
Parcel 74
A 15.00 FOOT WIDE EASEMENT across Lots 5 and 6 in Block 4 of F.M. Sterrett’s Addition
To Forest Park Heights as recorded in Plat Book 4, Page 47 of the St. Louis County, Missouri
Recorder’s Office and being more particularly described as follows:
A 15.00 FOOT WIDE EASEMENT lying adjacent and north of the southern lines of said Lots 5
and 6 in Block 4 of F.M. Sterrett’s Addition To Forest Park Heights, bounded on the west by the
east line of a tract of land conveyed to James M. Foster, Jr. and Elizabeth J. Foster by deed
recorded in Deed Book 7717, Page 2374 of said St. Louis County, Missouri Recorder’s Office
and bounded on the east by the west line of a tract of land conveyed to Bermuda Corporation by
deed recorded in Deed Book 6458, Page 205 of said St. Louis County, Missouri Recorder’s
Office.
Also a 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the
construction of any sewer in the above described sewer easement, said 10.00 FOOT WIDE
TEMPORARY CONSTRUCTION EASEMENT being more particularly described as follows:
A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT lying adjacent to the
north line of above described 15.00 FOOT WIDE EASEMENT, bounded on the west by the said
east line of a tract of land conveyed to James M. Foster, Jr. and Elizabeth J. Foster and bounded
on the east by the said west line of a tract of land conveyed to Bermuda Corporation.
The 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT will become null and
void upon completion of the above described construction.
Parcel 77
A 7.50 FOOT WIDE EASEMENT across part of Lot 7 in Block 4 of F.M. Sterrett’s Addition To
Forest Park Heights as recorded in Plat Book 4, Page 47 of the St. Louis County, Missouri
Recorder’s Office and being more particularly described as follows:
Commencing at the southwestern corner of said Lot 7, said southwestern corner also being the
southeastern corner of Lot 6 in said Block 4; Thence North 6 degrees 40 minutes 16 seconds East
along the east line of said Lot 6, said east line of Lot 6 also being the east line of a tract of land
conveyed to Wayne Investment Corporation by deed recorded in Deed Book 6409, Page 1901 of
said St. Louis County, Missouri Recorder’s Office, a distance of 7.50 feet to the Point of
Beginning; Thence North 6 degrees 40 minutes 16 seconds East, along said east line a distance
of 7.50 feet to a point; Thence South 82 degrees 59 minutes 44 seconds East a distance of 16.64
feet to a point; Thence South 7 degrees 00 minutes 16 seconds West a distance of 7.50 feet to a
point; Thence North 82 degrees 59 minutes 44 seconds West, along the northern line of an
existing 15.00 foot wide easement conveyed to The Metropolitan St. Louis Sewer District by
deed recorded in Deed Book 6480, Page 1251 of said St. Louis County, Missouri Recorder’s
Office, a distance of 16.60 feet to the Point of Beginning.
Also a 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT for use during the
construction of any sewer in the above described 7.50 FOOT WIDE EASEMENT, said 10.00
FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT being more particularly
described as follows:
A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT lying adjacent to the
north and east lines of above described 15.00 FOOT WIDE EASEMENT, bounded on the west
by the said east line of a tract of land conveyed to Wayne Investment Corporation and bounded
on the south by the said north line of an existing 15.00 foot wide easement.
The 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT will become null and
void upon completion of the above described construction.
Section Two. Counsel for The Metropolitan St. Louis Sewer District is hereby
authorized to enter into contracts to acquire by purchase to the extent possible or to continue with
the condemnation process by preparing and/or filing all necessary court pleadings and
documents to institute and prosecute legal actions in condemnation to acquire all easements for
the above-referenced project, 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 on August 8, 2013.