HomeMy Public PortalAbout13804ORDINANCE NO. 13804
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
FF-11 Fee Fee Creek Sanitary Relief (10014) 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 &/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 in The City Maryland Heights within the Fee Fee 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 FF-11 Fee Fee Creek Sanitary
Relief (10014) as hereinafter set forth, said easements and temporary easements being more
particularly described below:
Parcel #19
A VARIABLE WIDTH EASEMENT across Adjusted Lot 41 of Resubdivision Plat of
Lots 39 and 41 of Progress West Plat No. 3 as recorded in Plat Book 346, Page 546 of St.
Louis County, Missouri Recorder’s Office and being more particularly described as
follows:
COMMENCING at the northern corner of said Adjusted Lot 41 said northern corner also
being on the southeastern right-of-way line of Progress (50.00 foot wide) Parkway;
THENCE South 65 degrees 02 minutes 58 seconds East along the northeastern line of
said Adjusted Lot 41 said northeastern line also being the southwestern line of Lot 42 in
Progress West Plat No. 3 as recorded in Plat Book 126, Pages 76, 77 & 78 of said
Recorder’s Office, a distance of 6.50 feet to the POINT OF BEGINNING of herein
described VARIABLE WIDTH EASEMENT; THENCE South 65 degrees 02 minutes 58
seconds East along said northeastern line a distance of 13.80 feet to a point; THENCE
South 25 degrees 21 minutes 54 seconds West a distance of 523.98 feet to a point;
THENCE North 68 degrees 05 minutes 47 seconds West a distance of 10.63 feet to a
point; THENCE along a proposed new right-of-way line by others being a line parallel
and offset 6.50 feet to the east from the said existing southeastern right-of-way line of
Progress (50.00 foot wide) Parkway the following bearings & distances: North 25
degrees 04 minutes 54 seconds East a distance of 290.41 feet to a point and North 24
degrees 56 minutes 06 seconds East a distance of 234.12 feet to the POINT OF
BEGINNING.
Also A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT for use
during the construction of any sewer in the above described sewer easement, said
VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT being more
particularly described as follows:
COMMENCING at the said northern corner of Adjusted Lot 41; THENCE South 65
degrees 02 minutes 58 seconds East along the said northeastern line of Adjusted Lot 41 a
distance of 20.30 feet to the POINT OF BEGINNING; THENCE South 65 degrees 02
minutes 58 seconds East a distance of 50.00 feet to a point; THENCE South 25 degrees
21 minutes 54 seconds West a distance of 55.00 feet to a point; THENCE North 65
degrees 02 minutes 58 seconds West a distance of 30.00 feet to a point; THENCE South
25 degrees 21 minutes 54 seconds West a distance of 487.95 feet to a point; THENCE
North 68 degrees 05 minutes 47 seconds West a distance of 30.59 feet to a point;
THENCE along the said 6.50 foot wide offset line the following curve, bearing and
distance: 17.83 feet along a curve to the left having a radius of 3849.75 feet and a chord
bearing of North 25 degrees 10 minutes 45 seconds East to a point and North 25 degrees
04 minutes 54 seconds East a distance of 2.20 feet to a point; THENCE along the
southwestern and southeastern lines of herein described VARIABLE WIDTH
EASEMENT the following bearings and distances: South 68 degrees 05 minutes 47
seconds East a distance of 10.63 feet to a point and North 25 degrees 21 minutes 54
seconds East a distance of 523.98 feet to the POINT OF BEGINNING.
The VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT will become
null and void upon completion of 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 March 12, 2014.