HomeMy Public PortalAbout13723ORDINANCE NO. 13723
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
Ayres Sanitary Relief and I/I Reduction (10523) 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
of the County of St. Louis 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 Ayres Sanitary Relief and I/I
Reduction (10523) as hereinafter set forth, said easements and temporary easements being more
particularly described below:
Parcel 13
A 10.00 foot wide easement across part of Lot 4 of Hawken Place as recorded in Plat Book 1
Page 119 of the St. Louis County, Missouri Recorder’s Office and being more particularly
described as follows:
COMMENCING at the most southern corner of said Lot 4, said Lot 4 also being the center line
of Hawkens (40.00 foot wide) Court; THENCE North 37 degrees 17 minutes 04 seconds West
along the said center line of Hawkens (40.00 foot wide) Court a distance of 19.62 feet to the
Point of Beginning of herein described 10.00 foot wide easement; THENCE North 37 degrees 17
minutes 04 seconds West along said center line a distance of 10.01 feet to a point; THENCE
North 55 degrees 12 minutes 11 seconds East a distance of 172.53 feet to a point; THENCE
North 18 degrees 07 minutes 11 seconds East a distance of 63.48 feet to a point; THENCE North
63 degrees 25 minutes 20 seconds East a distance of 6.23 feet to a point; THENCE South 37
degrees 17 minutes 04 seconds East along the northeastern line of said Lot 4, said northeastern
line also being the southwestern line of a tract of land conveyed to David S. Knight and Jill E.
Knight as recorded in Deed Book 16543 Page 2297 of said Recorder’s Office a distance of 45.79
feet to a point; THENCE North 50 degrees 58 minutes 39 seconds West a distance of 34.38 feet
to a point; THENCE South 18 degrees 07 minutes 11 seconds West a distance of 57.49 feet to a
point; THENCE South 55 degrees 12 minutes 11 seconds West a distance of 49.70 feet to a
point; THENCE South 45 degrees 20 minutes 50 seconds East a distance of 13.43 feet to a point;
THENCE South 52 degrees 19 minutes 48 seconds West along the southeastern line of said Lot
4, said southeastern line also being the northwestern line of Lot 4 of Grant Court as recorded in
Plat Book 251 Page 95 of said Recorder’s Office a distance of 10.09 feet to a point; THENCE
North 45 degrees 20 minutes 50 seconds West a distance of 13.95 feet to a point; THENCE
South 55 degrees 12 minutes 11 seconds West a distance of 115.58 feet to the Point of Beginning
of herein described 10.00 foot wide easement.
Also three (3) TEMPORARY CONSTRUCTION EASEMENTS for use during the construction
of any sewer in the above described sewer easement, said three (3) TEMPORARY
CONSTRUCTION EASEMENTS being more particularly described as follows:
VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 1
BEGINNING at the said most southern corner of Lot 4; THENCE North 37 degrees 17 minutes
04 seconds West along the said center line of Hawkens (40.00 foot wide) Court a distance of
19.62 feet to a point; THENCE North 55 degrees 12 minutes 11 seconds East along the
southeastern line of above described 10.00 foot wide easement a distance of 115.58 feet to a
point; THENCE South 45 degrees 20 minutes 50 seconds East along the southwestern line of
above described 10.00 foot wide easement a distance of 13.95 feet to a point; THENCE South 52
degrees 19 minutes 48 seconds West along the northwestern line of said Lot 4 and Lot 3 of said
Grant Court a distance of 117.43 feet to the Point of Beginning.
VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 2
COMMENCING at the said most southern corner of Lot 4; THENCE North 37 degrees 17
minutes 04 seconds West along the said center line of Hawkens (40.00 foot wide) Court a
distance of 29.63 feet to the Point of Beginning of herein described variable width temporary
construction easement No. 2; THENCE North 37 degrees 17 minutes 04 seconds West along said
center line a distance of 20.02 feet to a point; THENCE North 55 degrees 12 minutes 11 seconds
East a distance of 153.20 feet to a point; THENCE North 77 degrees 23 minutes 29 seconds East
a distance of 19.85 feet to a point; THENCE North 13 degrees 04 minutes 15 seconds West a
distance of 17.25 feet to a point; THENCE North 18 degrees 07 minutes 11 seconds East a
distance of 50.98 feet to a point; THENCE North 63 degrees 25 minutes 20 seconds East a
distance of 10.79 feet to a point; THENCE South 37 degrees 17 minutes 04 seconds East along
the said northeastern line of Lot 4 a distance of 20.35 feet to a point; THENCE along the
northwestern, western and northwestern lines of above described 10.00 foot wide easement the
following bearings and distances: South 63 degrees 25 minutes 20 seconds West a distance of
6.23 feet to a point, South 18 degrees 07 minutes 11 seconds West a distance of 63.48 feet to a
point and South 55 degrees 12 minutes 11 seconds West a distance of 172.53 feet to the Point of
Beginning.
VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT NO. 3
COMMENCING at the said most southern corner of Lot 4; THENCE North 52 degrees 19
minutes 48 seconds East along the said southeastern line of Lot 4 a distance of 127.52 feet to the
Point of Beginning; THENCE along the northeastern, southeastern, eastern and southwestern
lines of above described 10.00 foot wide easement the following bearings and distances: North
45 degrees 20 minutes 50 seconds West a distance of 13.43 feet to a point, North 55 degrees 12
minutes 11 seconds East a distance of 49.70 feet to a point, North 18 degrees 07 minutes 11
seconds East a distance of 57.49 feet to a point and South 50 degrees 58 minutes 39 seconds East
a distance of 34.38 feet to a point; THENCE South 37 degrees 17 minutes 04 seconds East along
the said northeastern line of Lot 4 a distance of 9.68 feet to a point, said point also being the most
eastern corner of said Lot 4; THENCE South 52 degrees 19 minutes 48 seconds West along the
said southeastern line of Lot 4 a distance of 103.23 feet to the Point of Beginning.
The three (3) TEMPORARY CONSTRUCTION EASEMENTS will become null and void upon
completion of above described construction.
Parcel 19
A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT being part of Lot 25 in
Addition to Block 1 of Crestwood as recorded in Plat Book 26 Page 28 of the St. Louis County,
Missouri Recorder’s Office and being more particularly described as follows:
BEGINNING at the eastern corner of said Lot 25; THENCE South 52 degrees 17 minutes 07
seconds West along the southeastern line of said Lot 25, said southeastern line also being the
northwester right of way line of Ferndale (50.00 foot wide) Avenue a distance of 22.00 feet to a
point; THENCE North 37 degrees 25 minutes 42 seconds West a distance of 29.00 feet to a
point; THENCE North 52 degrees 17 minutes 07 seconds East a distance of 14.00 feet to a point;
THENCE North 37 degrees 25 minutes 42 seconds West a distance of 40.94 feet to a point;
THENCE North 06 degrees 50 minutes 06 seconds West a distance of 15.72 feet to a point;
THENCE South 37 degrees 25 minutes 42 seconds East along the northeastern line of said Lot
25, said northeastern line also being the southwestern line of Lot 26 in said Addition to Block 1
of Crestwood and said Lot 26 being conveyed to the City of Crestwood as recorded in Deed
Book 6760 Page 172 of said Recorder’s Office a distance of 83.43 feet to the Point of Beginning.
The VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT will become null
and void upon completion of above named construction project.
Section Two: Counsel for The Metropolitan St. Louis Sewer District be and 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 October 10, 2013.