HomeMy Public PortalAbout13952ORDINANCE NO. 13952
AN ORDINANCE, declaring the necessity for the acquisition of 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 Harmony-Acorn Sewer
Separation and I/I Reduction (10642) 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.
WHEREAS, there exists within The Metropolitan St. Louis Sewer District an area
in Unincorporated St. Louis County within the Mackenzie 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 in real property for the construction of sewers and related appurtenances in
the project known as Harmony-Acorn Sewer Separation and I/I Reduction (10642) as hereinafter
set forth, said easements and temporary easements being more particularly described below:
Parcel #23
A 10.00 FOOT WIDE EASEMENT across part of Lot 1 in Block 1 of City View a subdivision
as recorded in Plat Book 17, Page 85 and being more particularly described as follows:
COMMENCING at the northwestern corner of said Lot 1; THENCE South 19 degrees 14
minutes 08 seconds East along the eastern right-of-way line of Kathleen (50 foot wide) Avenue a
distance of 71.19 feet to the POINT OF BEGINNING of the centerline of herein described 10.00
FOOT WIDE EASEMENT; THENCE North 71 degrees 53 minutes 07 seconds East a distance
of 26.53 feet to the POINT OF TERMINATION of the centerline of herein described 10.00
FOOT WIDE EASEMENT, said POINT OF TERMINATION being on the western right-of-way
line of Harmony (55 foot wide) Avenue and South 07 degrees 46 minutes 55 seconds West along
the said western right-of-way line a distance of 72.93 feet from the northeastern corner of said
Lot 1.
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 September 11, 2014.